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Indian Stamp Act, 1899


SCHEDULE I: STAMP DUTY ON INSTRUMENTS

[Section 3]

 

Description of Instrument

Proper Stamp-duty

 

(1)

(2)

1.

Acknowledgement of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a bankers' pass-book) or on a separate piece of paper when such book or paper is left in the creditor' possession:

PROVIDED that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property.

One anna

2.

Administration-bond including a bond given under section 256 of the Indian Succession Act, 1865, section 6 of the Government Saving Banks Act, 1873, section 78 of the Probate and Administration Act, 1881, or section 9 or section 10 of the Succession Certificate Act, 1889-

 

 

(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 ...

Five rupees

3.

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

Advocate, see entry as an Advocate (No. 30)

Ten rupees

4.

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

One rupee

EXEMPTIONS

 

Affidavit or declaration in writing when made

102[(a) as a condition of enrolment under the 103Indian Army Act, 1911 104[(or the 105Indian Air Force Act, 1932)];]

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

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

 

106[5.

Agreement or Memorandum of Agreement

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

Two annas

 

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

Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the security or share

 

(c) if not otherwise provided for

Eight annas

EXEMPTIONS

 

Agreement or memorandum of agreement-

 

 

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

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

107[* * *]

Agreement to lease: See Lease (No. 35).

 

108[6.

Agreement relating to deposit of title-deeds, pawn or pledge, that is to say, any instrument evidencing an agreement relating to-

(1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security); or

(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt-

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

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

 

(b) if such loan or debt is repayable not more than three months from the date of such instrument.

Half the duty payable on Bill of Exchange [No. 13(b)] for the amount secured

EXEMPTION

 

Instrument of pawn or pledge of goods if unattested.]

 

7.

Appointment in execution of a power, whether of trustees or of property, movable or immovable, where made by any writing not being a will.

Fifteen rupees

8.

Appraisement or valuation made otherwise than under an order of the court in the course of a suit-

 

 

(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.

Five rupees

EXEMPTIONS

 

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

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

 

9.

Apprenticeship deed, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment, not being Articles of clerkship (No. 11).

Five rupees

EXEMPTION

 

Instruments of apprenticeship executed by a magistrate under the 109Apprentices Act, 1850, or by which a person is apprenticed by or at the charge of any public charity.

 

10.

Articles of association of a company

Twenty-five rupees

EXEMPTION

 

Articles of any association not formed for profit and registered under section 26 of the 110Indian Companies Act, 1882.

See also Memorandum of Association of a Company (No. 39).

 

11.

Articles of clerkship or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court.

Assignment. See Conveyance (No. 23), Transfer (No. 62), and Transfer of Lease (No. 63), as the case may be.

Attorney. See Entry as an attorney (No. 30), and Power of-attorney (No. 48).

Authority to adopt. See Adoption-deed (No. 3).

Two hundred and fifty rupees

12.

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

 

 

(a) where the amount of -value of the property to The same duty as a bond which the award relates as set forth in such award does (No. 15) for such amount not exceed Rs.1,000;

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

 

(b) in any other case

Five rupees

EXEMPTION

 

Award under the 111Bombay District Municipal Act, 1873, section 81, or the Bombay Hereditary Offices Act, 1874, section 18.

 

13.

Bill of exchange [as defined by s. 2(2) 112[***], not being a bond, bank-note or currency note-

113[* * *]

114[(b) where payable otherwise than on demand-

(i) Where payable not more than three months after date or sight-

 

 

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

One rupee 115[twenty-five naye paise]

 

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

Two rupees 116[fifty naye paise]

 

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

Two rupees 116[fifty naye paise]

 

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

 

 

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

Two rupees 116[fifty naye paise]

 

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

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

Five rupees

Five rupees

 

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

 

 

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

Three rupees 117[seventy-five naye paise]

 

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

Seven rupees 116[fifty naye paise]

 

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

Seven rupees 116[fifty naye paise]

 

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

 

 

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

Five rupees

 

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

Ten rupees

 

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

Ten rupees

 

(c) where payable at more than 1 year after date or sight-

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

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

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

Ten rupees

Twenty rupees.

Twenty rupees

14.

Bill of lading (including a through bill of lading).

118[Two rupees]

N.B.-If a bill of lading drawn in parts, the proper stamp therefor must be borne by each one of the set

EXEMPTIONS

 

(a) Bill of lading when the goods therein described are received at a place within the limits of any port as defined under the 119Indian Ports Act, 1889, and are to be delivered at another place within the limits of the same port.

(b) Bill of lading when executed out of 120[India].

 

15.

Bond [as defined by section 2(5)] not being a debenture (No. 27) and not being otherwise provided for by this Act, or by the Court-fees Act, 1870-

 

 

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

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

Two annas

Four annas

 

Do

Do

Do

50

100

200

do

do

do

100

200

300

Eight annas

One Rupee

One Rupee eight annas

 

Do

Do

Do

Do

Do

Do

Do

300

400

500

600

700

800

900

do

do

do

do

do

do

do

400

500

600

700

800

900

1000

Two rupees

Two rupees eighty annas

Three rupees

Three rupees eighty annas

Four rupees

Four rupees eighty annas

Five rupees

 

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

Two rupees eighty annas

 

See Administration bond (No..2) Bottomry bond (No. 16), Customs bond (No. 26), Indemnity bond (No. 34), respondentia bond (No. 56), Security bond (No. 57).

 

EXEMPTIONS

Bond, when executed by-

 

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

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

 

16.

Bottomry bond, that is to say, any instrument whereby the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

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

17

Cancellation: Instrument of (including any instrument by which any instrument, previously executed is cancelled), if attested and not otherwise provided for. See also Release (No. 55), Revocation of settlement (No. 58B), Surrender of lease (No. 61), Revocation of Trust (No. 64B)

Five rupees

18.

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

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

Two annas

 

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

(c) in any other case

Four annas

Same duty as a conveyance (No. 23) for a consideration equal to the amount of the purchase-money only

19.

Certificate or other document, evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.

See also Letter of allotment of shares (No. 36)

121[Two annas]

20.

Charter-party, that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.

122[* * *]

One rupee

22.

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

Ten rupees

23.

Conveyance [as defined by section 2(10)], not being a Transfer charged or exempted under No. 62, -

 

 

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

Eight annas

 

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

One rupee

 

Do

Do

Do

Do

Do

Do

Do

Do

Do

100

200

300

400

500

600

700

800

900

do

do

do

do

do

do

do

do

do

200

300

400

500

600

700

800

900

1000

Two rupees

Three rupees

Four rupees

Five rupees

Six rupees

Seven rupees

Eight rupees

Nine rupees

Ten rupees

 

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

Five rupees

EXEMPTION

 

Assignment of copyright by entry made under 123the Indian Copyright Act, 1847, section 5.

Co-partnership-deed. See Partnership (No. 46)

 

24.

Copy or extract certified to be a true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees-

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

Eighty annas

 

(ii) in any other case.

One rupee

EXEMPTIONS

 

(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.

124[(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, 125[divorces], deaths or burials].

 

25.

Counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid,-

 

 

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

(b) in any other case.

The same duty as is payable on the original

One rupee

EXEMPTION

 

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

 

26.

Customs-bond-

(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.

Five rupees

126[27.

Debenture (where a mortgage debenture or not), being a marketable security transferable-

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

 

 

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

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

127[Twenty naye paise]

128[Forty naye paise]

 

Do

50

do

100

117[Seventy five naye paise]

 

Do

100

do

200

One rupee 116[fifty naye paise]

 

Do

200

do

300

Two rupees 115[twenty-five naye paise]

 

Do

Do

300

400

do

do

400

500

Three rupees

Three rupees 117[Seventy five naye paise]

 

Do

500

do

600

Four rupees 116[fifty naye paise]

 

Do

600

do

700

Five rupees 115[twenty five naye paise]

 

Do

Do

700

800

do

do

800

900

Six rupees

Six rupees 117[Seventy five naye paise]

 

Do

900

do

1000

Seven Rs. 116[fifty naye paise]

 

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

Three rupees 117[seventy five naye paise

 

(b) by delivery

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

117[Seventy-five naye paise]

 

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

One rupee 116[fifty naye paise]

 

Do

Do

100

200

do

do

200

300

Three rupees

Four rupees 116[fifty naye paise]

 

Do

Do

300

400

do

do

400

500

Six rupees

Seven rupees 129[fifty naye paise]

 

Do

Do

500

600

do

do

600

700

Nine rupees

Ten rupees 129[fifty naye paise]

 

Do

Do

700

800

do

do

800

900

Twelve rupees

Thirteen rupees 129[fifty naye paise]

 

Do

900

do

1000

Fifteen rupees

 

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

Seven rupees 129[fifty naye paise]

 

Explanation : The term "Debenture" includes any interest coupons attached thereto but the amount of such coupons shall not be included in estimating the duty.

 

EXEMPTION

 

A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part, their property to trustees for the benefit of the debenture holders:

PROVIDED that the debentures so issued are expressed to be issued in terms of the said mortgage-deed].

 

Declaration of any trust. See Trust (No. 64).

28.

Delivery-order in respect of goods, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to. the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.

Deposit of title-deeds. 130[See agreement relating to deposit of title-deeds, pawn or pledge (no. 6)]

Dissolution of partnership. See Partnership (No. 46)

One anna

29.

Divorce-Instrument of, that is to say, any instrument One rupee by which any person effects the dissolution of his marriage

Dower-Instrument of. See Settlement (No. 58)

One rupee

Duplicate. See Counterpart (No. 25)

30.

Entry as an advocate, vakil or attorney on the roll of any High Court 131[under the Indian Bar Councils Act, 1926, or] in exercise of powers conferred on such court by Letters Patent or by the 132Legal Practitioners Act, 1884-

 

 

(a) in the case of an Advocate or vakil

(b) in the case of an Attorney

Five hundred rupees

Two hundred and fifty rupees

EXEMPTION

 

Entry of an advocate, vakil or attorney on the roll of any High Court when he has, previously been enrolled in a High Court.

133[* * *]

 

31.

Exchange of property-Instrument of

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

 

Extract. See Copy (No. 24)

 

32.

Further charge- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-

 

 

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

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

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

 

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

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

 

(ii) if possession is not so given

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

33.

GIFT-Instrument of, not being a Settlement (No. 58) or Will or transfer (No. 62)

Hiring agreements or agreement for service. See Agreement (No. 5)

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

34.

Indemnity-bond

Inspectorship-deed. See Composition-deed (No. 22).

Insurance. see Policy of Insurance (No. 47).

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

35.

Lease, including an under-lease or sub-lease and any agreement to let or sub-let-

(a) where by such lease the rent is fixed and no premium is paid or delivered-

 

 

(i) where the lease purports to be for a term of less than one year;

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

 

(ii) where the lease purports to be for a term of not less than one year but not more than three years;

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

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

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

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

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

 

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

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

 

(b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved;

(c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved.

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease

The same duty as a Conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered.

PROVIDED that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed eight annas

EXEMPTIONS

 

(a) Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.

134[* * *]

 

36.

Letter of allotment of shares in any company or proposed company, or in respect of any loan to be raised by any company or proposed company.

See also Certificate or other document (No. 19).

135[Two annas]

37.

Letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favor it is drawn.

136[Two Rupees]

Letter of guarantee, See Agreement (No. 5)

38.

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

Ten rupees

39.

Memorandum of association of a company-

(a) if accompanied by articles of association under section 37 of the 137[Indian Companies Act, 1882];

Fifteen rupees

 

(b) if not so accompanied

Forty rupees

EXEMPTION

Memorandum of any association not formed for profit and registered under section 26 of the 137[Indian Companies Act, 1882].

40.

Mortgage-deed, not being 138[an agreement relating to deposit of title deeds, pawn or pledge (no. 6)] Bottomry 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 is given by the mortgagor or agreed to be given;

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

 

(b) when 139[* * *] possession is not given or agreed to be given as aforesaid;

Explanation: A mortgagor who gives to the mortgagee a power-of-attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this Article.

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

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

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

The same duty as a Bond (No.15 for the amount secured by such deed

Eight annas

Eight annas

EXEMPTIONS

 

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

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

140[* * *]

 

41.

Mortgage of a crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage-

(a) when the loan is repayable not more than three months from the date of the instrument-

 

 

for every sum secured not exceeding Rs. 200;

One anna

 

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

(b) when the loan is repayable more than three months, but not more than 141[eighteen months], for the date of the instrument-

One anna

 

for every sum secured not exceeding Rs. 100;

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

142[Two annas]

142[Two annas]

42.

Notarial act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.

See also Protest of bill or note (No. 50).

One rupee

143[43.

Note of memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal-

 

 

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

(b) of any stock or marketable security exceeding in value twenty rupees.

Two annas

Subject to a maximum of ten rupees, one anna for every Rs. 10,000 or part thereof of the value of the stock or security]

44.

Note of protest by the master of a ship.

See also Protest by the master of a ship (No. 51)

Eight annas

Order for the payment of money

See Bill of exchange (No. 13)

45.

Partition-Instrument of [as defined by s. 2(15)].

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

 

N.B.-The largest share remaining after the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated:

PROVIDED always that-

(a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than eight annas;

(b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue;

(c) where a final order for effecting a partition passed by any revenue-authority or any civil court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed eight annas.

46.

Partnership-

 

A-Instrument of-

 

(a) where the capital of the partnership does not exceed Rs.500;

Two rupees eight annas

 

(b) in any other case

Ten rupees

B-Dissolution of

Five rupees

 

144[Pawn or pledge. see agreement relating to deposit of title-deeds, pawn or pledge (No. 6).]

 

47.

Policy of insurance-

 

145[A-Sea insurance (See section 7)

If drawn singly

If drawn in duplicate, for each part

 

(1) for or upon any voyage-

(i) where the premium or consideration does not exceed the rate of 146[* * *] one-eight per centum of the amount insured by the policy;

(ii) in any other case, in respect of every full sum of 149[one thousand five hundred rupees] and also any fractional part of 149[one thousand five hundred rupees] insured by the policy;

147[Ten naye paise]

147[Ten naye paise]

148[Five naye paise]

148[Five naye paise]

(2)

for time-

(iii) in respect of every full sum of one thousand rupees and also any fractional part of one thousand rupees insured by the policy-

 

 

 

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

150[Fifteen naye paise]

151[Ten naye paise]

 

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

B-153[Fire-insurance and other classes of insurance, not elsewhere included in this article, covering goods, merchandise, personal effects, crops, and other property against loss or damage]-

152[Twenty five naye paise]

150[Fifteen naye paise]

(1)

(2)

in respect of an original policy-

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

(ii) in any other case

and

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

116[Fifty naye paise]

One rupee

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

C.

(a)

Accident and sickness insurance-

against railway accident, valid for a single journey only.

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

151[Ten naye paise]

(b)

in any other case-for the maximum amount which may become payable

150[Fifteen naye paise]

 

in the case of any single accident or sickness where such amount does not exceed Rs. 1,000 and also where such amount exceeds Rs. 1,000 for every Rs. 1,000 or part thereof.

161[PROVIDED that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed 154[Rs. 2.50] per Rs. 1,000, the duty on such instrument shall be 163[ten naye paise] for every Rs. 1,000 or part thereof of the maximum amount which may become payable under it.

155[CC.

Insurance by way of indemnity against liability to pay damages on account of accident to workmen employed by or under the insurer or against liability to pay compensation under the Workmen's Compensation Act, 1923, for every Rs. 100 or part thereof payable as premium.

163[Ten naye paise]

 

 

If drawn singly

If drawn in duplicate, for each part

161[D.

Life insurance 156[or group insurance of other insurance] not specifically provided for, except such a re-insurance, as is described in Division E of this article-

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

150[Fifteen naye paise]

163[Ten naye paise]

 

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

115[Twenty five naye paise]

150[Fifteen naye paise]

 

(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of Rs. 1,000.

128[Forty naye paise]

127[Twenty naye paise]

 

 

157[N.B.-If a policy of group Insurance is renewed or otherwise modified whereby the sum insured exceeds the sum previously insured on which stamp-duty has been paid, the proper stamp must be borne on the excess sum so insured.]

 

Explanation Policies of life-insurance granted by the Director General of Post-Offices in accordance with rules for Postal life Insurance issued under the authority of the Central Government.]

 

E.

Re-insurance by an insurance company, which has granted a Policy 158[of the nature specified in Division A or Division B of this Article], with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby.

One quarter of the duty payable in respect of the original insurance but not less than 173[ten naye paise] or more than one rupee:

 

 

159[PROVIDED that if the total amount of duty payable is not a multiple of five naye paise, the total amount shall be rounded off to the next higher multiple of five naye paise.]

 

GENERAL EXEMPTION

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

PROVIDED that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned.

 

48.

Power of attorney as defined by section 2(21), not being a Proxy (No. 52)

 

 

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

Eight annas

 

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

Eight annas

 

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

One rupee

 

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

Five rupees

 

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

Ten rupees

 

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

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

 

(g) in any other case

One rupee for each person authorized

N.B.-The term "registration" includes every operation incidental to registration under the 160Indian Registration Act, 1877]

 

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

 

161[49.

Promissory note [as defined by section 2(22)]-

(a) when payable on demand-

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

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

(iii) in any other case.

177[Ten naye paise]

150[Fifteen naye paise]

115[Twenty-five naye paise]

 

(b) when payable otherwise than on demand.

The same duty as a bill of Exchange (No. 13) for the same amount payable otherwise than on demand.]

50.

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

One rupee

51.

Protest by the master of a ship, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses of the calculation of averages, and every declaration in writing made by him against the chatterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.

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

 

52.

PROXY empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable, (b) a local authority, or (c) proprietors, members or contributors to the funds of any institution.

162[Thirty paise]

53.

RECEIPT [as defined by section 2(23)] for any money or other property the amount or value of which exceeds 164[five hundred rupees.]

163[One rupee]

EXEMPTIONS

Receipt-

 

(a) endorsed on or contained in any instrument duly stamped. 165[or any instrument exempted] under the proviso to section 3 (instruments executed on behalf of the government) 166[or any cheque or bill of exchange payable on demand] acknowledging the receipt of the consideration money. Interest or annuity or other periodical payment thereby secured;

(b) for any payment of money without consideration;

 

 

(c) for any payment of rent by a cultivator on account of land assessed to government revenue, or 167[in the States of Madras, Bombay and Andhra] 168[as they existed immediately before the 1st November, 1956] of Inam lands;

(d) for pay or allowances by non-commissioned 169[or petty] officers, 170[soldiers, 169[sailors] or airmen] of 171[Indian military, 169[naval] or air forces], when serving in such capacity, or by mounted police constables;

(e) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned is a non-commissioned 169[ or petty] officer, 170[soldier, 169[sailor] or airman], of 172[any of the said forces], and serving in such capacity;

(f) for pensions or allowances by persons, receiving such pensions or allowances in respect of their service as such non-commissioned 169[or petty] officers, 170[soldiers 169[sailors] or airmen], and not serving the government in any other capacity;

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

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

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

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

173[See also Policy of Insurance [No. 47B(2)]].

 

54.

Reconveyance of mortgaged property-

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

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

 

(b) in any other case

Ten rupees

55.

Release, that is to say, any instrument 144[(not being such a release as is provided for by section 23A)] whereby a person renounces a claim upon another person or against any specified 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 as set forth in the release

 

(b) in any other case

Five rupees

56.

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

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

Revocation of any trust or settlement.

See Settlement (No. 58); Trust (No. 64).

57.

Security bond or mortgage deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract-

 

 

(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

Five rupees

EXEMPTIONS

Bond or other instrument, when executed-

 

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

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

(c) under No. 3A of the rules made by the 174[State Government] under section 70 of the Bombay Irrigation Act, 1879.

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

(e) executed by officers of 175[the 176[government]] or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.

 

58.

Settlement-

A.-Instrument of (including a deed of dower).

The same duty as a Bond (No.15) for a sum equal to the amount or value of the property settled as set forth in such settlement:

PROVIDED that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed eight annas.

EXEMPTION

 

(a) Deed of dower executed on the occasion of a marriage between Muhammadans.

177[* * *]

 

 

 

B.-Revocation of-

See also Trust (No. 64).

The same duty as a Bond (No.15) for a sum equal to the amount or value of the property concerned as set forth in the Instrument of Revocation but not exceeding ten rupees

59.

Share warrants, to bearer issued under the 178[Indian Companies Act, 1882].

179[One and a half times] duty payable on a Conveyance (No. 23) for a consideration equal to the nominal amount of the shares specified in the warrant

EXEMPTION

 

Share warrant when issued by a company in pursuance of the Indian Companies Act, 1882, section 30, to have effect only upon payment, as composition for that duty, to the Collector of Stamp-revenue, of-

(a) 180[One and a half] per centum of the whole subscribed capital of the company, or

(b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital 180[one and a half] per centum of the additional capital so issued.

Scrip. See Certificate (No. 19).

 

60.

Shipping Order for or relating to the conveyance of goods on board of any vessel.

One anna

61.

Surrender of lease-

(a) when the duty with which the lease is chargeable does not exceed five rupees.

(b) in any other case

The duty with which such lease is chargeable

Five rupees

EXEMPTION

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

62.

Transfer (whether with or without consideration)-

157[(a) of shares in an incorporated company or other body corporate;

117[Seventy-five naye paise] for every hundred rupees or part thereof of the value of the share]

 

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

181[One-half] of the duty payable on a conveyance (No. 23) for a consideration equal to the face amount of the debentures

 

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

 

 

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

(ii) in any other case

(d) of any property under the 182Administrator General's Act, 1874, section 31;

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

Five rupees

Ten rupees

 

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

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

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, or other mercantile document of title to goods;

(c) of a policy of insurance;

(d) of securities of the Central Government.

See also section 8.

 

63.

Transfer of lease by way of assignment and not by way of under-lease.

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

EXEMPTION

Transfer of any lease exempt from duty.

64.

Trust-

A.-DECLARATION OF-of, or concerning, any property when made by any writing not being a WILL.

The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding fifteen rupees

 

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

See also Settlement (No. 58)

Valuation. see appraisement (No. 8).

Vakil. see entry as a vakil (No. 30).

The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding ten rupees

65.

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

Four annas



Indian Stamp Act, 1899 Back




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