Monday, 21 October 2024

The Indian Stamp Act 1988 PART 9 130

 Article serial no

Document details

Stamp duty payable

(47)

A responsability bond is a loan secured against goods transported on a ship. (On condition of repayment of said loan when the ship reaches its destination)

Same as stamp duty paid on the amount borrowed, on a Batamary bond (Article 14).

(48) A sale or sale as defined in section-54 of the Transfer of Property Act:

(a) Sale of property under municipal corporations

(1) On the consideration shown in the sale deed, or the market value of the property, whichever is the case, (in cases where the consideration or the market value does not exceed one thousand rupees)

(ii) Cases where the sale proceeds or market value exceeds one thousand

Eight rupees on every hundred rupees

Forty rupees for every five hundred rupees after exceeding one thousand rupees as shown in clause (i) up to the first thousand rupees.

(b) Selection grade letter Sale of property within special grade municipality.

(i) the consideration shown in the sale deed, or the market value of the property, whichever is higher. (In cases where the consideration or market value does not exceed one thousand rupees)

Seven rupees on every hundred rupees

(ii) Cases where the consideration or market value exceeds one thousand rupees

Thirty-five rupees for every five hundred rupees after exceeding one thousand rupees as shown in clause (i) up to the first thousand rupees.

(c) Sale of property in areas other than areas covered by clause (a) and clause (b).

(i) the consideration shown in the sale deed, or the market value of the property, whichever is higher. (In cases where the consideration or market value does not exceed one thousand rupees)

Six rupees on every hundred rupees

Schedule – 10

101

Article serial no

Document details

Stamp duty payable

(ii) Cases where the consideration or market value exceeds one thousand rupees.

Up to the first one thousand rupees as indicated in clause (1) and after exceeding one thousand rupees for every five years thirty rupees

(d) Andhra Pradesh Apartments (in relation to the sale of a part of a part of a multi-unit house, or an apartment unit. or a flat or a part of a multi-storied building within the meaning of the Construction and Ownership Rights Act, 1987;

(i) Cases where value does not exceed Rs.2,00,000/-s.

(ii) 2 6. Cases not exceeding 2,00,000/- 5 2, 5.3,50,000/-0.

(iii) Cases not exceeding 2 6.3,50,000/- 2, 6. 7,00,000/-00.

12 thousand rupees

12 thousand rupees and four per cent on the amount exceeded since it exceeds two lakh rupees

18 thousand and six per cent on the amount exceeding Rs.6.3,50,000/- 2

39 thousand rupees and eight percent on the amount exceeding two lakhs

(iv) 2 6.7,00,000/- 2 cars

Explanation- 1 : If the relevant property is also acquired along with the agreement of sale, the said agreement will be treated as a sale and stamp duty will be levied within the scope of this article. But after the sale agreement, stamp duty paid on the agreement is exempted under clause (b) of Article-6 if the sale deed is also executed accordingly.

Explanation 2 : In relation to clause (d):

(i) Unit includes a flat, apartment, tenement, or partially constructed structures in connection therewith.

(ii) 'Value' means the amount shown in the sale deed as the consideration or value paid for the apartment, plot/partial structure (multi-storied building) or their market value, whichever is higher.

102

Karadipika

Article serial no

Document details

Stamp duty payable

(49

) A security bond or mortgage deed given as security in respect of an office, or as security for any money, or as security for the performance of a contract :

Three percent (maximum one hundred rupees) on the sum assured (five rupees in respect of Telangana)

Exemptions (without payment of stamp duty):

(a) A security bond given by a person for a charitable dispensary, or hospital, or any other charitable work, stating that the monthly income from private subscriptions is less than a specified amount.

(b) persons who have received advances under the Land Development Loans Act, 1883, or the Agricultural Borrowers' Loans Act, 1884, or their guarantors, give a security bond in respect of the repayment of such advances.

(c) a security bond given by public servants or their guarantors in respect of money or goods received in connection with the proper performance of their office duties, or as part of the performance of their office duties.

(58) Settlement, or Deed of Registration :

(A) Deed of Settlement including Mahr or Dower (Muhammadans) Deed.

(a) a settlement deed written in the name of a family member or family members,

(Article 14) Same as stamp duty payable on a Batamary bond on the amount mentioned in the deed or on the market value of the property settled by the deed.

At the same time an agreement regarding settlement has been written and stamp duty has been paid on that agreement as payable on the settlement deed and subsequently the settlement deed following the said agreement: If written then stamp duty should be paid on the said deed as per Article-6.

Schedule – 10 103


Article serial no

Document details

Stamp duty payable

Explanation: For the purposes of this article, family means mother, father, husband, wife, brother, sister, son and daughters. At the same time, grandfather, grandmother, grandmother, grandson, granddaughter, adoptive father or adoptive mother, adopted son, adopted daughter are also considered as part of the family.

(b) Other cases :

Six rupees for every one hundred rupees on the market value of the property concerned with the settlement.

Exemption (without payment of stamp duty):

If a deed of mahr or dower is written at the time of a Muhammadan marriage, no stamp duty is payable on such deed.

(B) Withdrawal

Same as stamp duty payable under Bottomry Bond (Article 14) on the value of the property mentioned in the withdrawal deed.

(50

) Share Warrant - Issued to the bearer under the Companies Act, 2018. (to bearer issued under Indian Companies Act).

One and half times the stamp duty paid on the Conveyance Deed (Article-20) on the equivalent consideration of the shares mentioned in the said warrant.

(

51) Shipping order in relation to carriage of goods by a water transport vehicle.

Twenty paisa (Rupees ten in respect of Telangana)

(52

) Surrender of lease

(a) Cases where stamp duty on tenancy agreement does not exceed thirty rupees.

Same as payment of stamp duty on tenancy agreement (Maximum five hundred rupees same as payment of stamp duty on tenancy agreement in respect of Telangana)

(b) Other cases.

Rupees thirty (maximum rupees five hundred in respect of Telangana)

104

Karadipika

Article serial no

(53)

Document details

Stamp duty payable

Transfers (whether transfer with consideration or transfer without consideration).

(a) Transfer of debentures treated as marketable securities. (The said debenture, stamp duty payable. Whether or not). But debentures under section (8) are not covered by this article.

Duty payable under Conveyance (Article-20) on market value equal to face value of consideration or debenture. (one half)

(b) Transfer of interest arising from any bond, mortgage deed, or insurance policy.

(i) Cases where the stamp duty on the said bond, mortgage deed or deema policy does not exceed thirty rupees.

Similar to stamp duty paid on a bond, mortgage or insurance policy

(ii) Other cases

(c) 'Transfer of goods under the Administrator General's Act, 1874

30 rupees

35 rupees

(d) the transfer, without consideration, of any trust property, from one trustee to another trustee, or from one trustee to a beneficiary.

30 rupees, or the minimum stamp duty payable under clauses A and B of this article,

Exemptions (without payment of stamp duty):

(a) Transfer of bill of exchange, check or promissory note by endorsement.

(b) the transfer by endorsement of any commercial document relating to a bill of lading, delivery order, warranty over goods, or transfer of ownership rights in goods.

(c) Endorsement of insurance policy by endorsement.

d) Transfer of Central Government securities by endorsement.

(54) Transfer of tenancy- Transfer by assignment, not by under lease

Depending on the transfer fee | On Conveyance Deed (Article-20) | Same as stamp duty paid or in consideration of transfer Depending on the market value of the equivalent amount.

Schedule – 10

105

Article serial no

Document details

Stamp duty payable

(55)

:

(a) a written declaration (other than by will) of the creation of a trust in respect of any property;

(b) a declaration in writing (other than by will) revoking or revoking the trust;

| In the same way that stamp duty is leviable under bond (Article-20) on the value of the trust property. But the maximum should not exceed two hundred rupees. (Maximum one thousand rupees in respect of Telangana)

In the same manner as stamp duty is leviable under bond (Article-20) on the value of the trust property, but the maximum shall not exceed one hundred rupees. (Maximum rupees five hundred in respect of Telangana)

(56) Warrant for goods

- A certificate of attestation issued by the person in charge or owner of the said warehouse, port, etc., stating that the goods stored or kept in any warehouse, port, etc., belong to a particular person or his assignee.

One rupee is fifty paise. (Rupees twenty in respect of Telangana)

Note : The details of stamp duty etc. mentioned on the documents, deeds, papers, certificates etc. in this Schedule-1(a) are basic and general. In that order there are many exceptions and limitations in the case of stamp duty on deeds, documents, certificates etc. under each article. Stamp duty has been reduced in respect of documents covered by several articles and in this regard the State Governments of Andhra Pradesh and Telangana have issued several notifications from time to time. Still releasing. There is also a possibility that it will be released earlier.

105

Karadipika

Article serial no

Document details

Stamp duty payable

(55)

:

(a) a written declaration (other than by will) of the creation of a trust in respect of any property;

(b) a declaration in writing (other than by will) revoking or revoking the trust;

| In the same way that stamp duty is leviable under bond (Article-20) on the value of the trust property. But the maximum should not exceed two hundred rupees. (Maximum one thousand rupees in respect of Telangana)

In the same manner as stamp duty is leviable under bond (Article-20) on the value of the trust property, but the maximum shall not exceed one hundred rupees. (Maximum rupees five hundred in respect of Telangana)

(56) Warrant for goods

- A certificate of attestation issued by the person in charge or owner of the said warehouse, port, etc., stating that the goods stored or kept in any warehouse, port, etc., belong to a particular person or his assignee.

One rupee is fifty paise. (Rupees twenty in respect of Telangana)

Note : The details of stamp duty etc. mentioned on the documents, deeds, papers, certificates etc. in this Schedule-1(a) are basic and general. In that order there are many exceptions and limitations in the case of stamp duty on deeds, documents, certificates etc. under each article. Stamp duty has been reduced in respect of documents covered by several articles and in this regard the State Governments of Andhra Pradesh and Telangana have issued several notifications from time to time. Still releasing. There is also a possibility that it will be released earlier.

105

Karadipika

SCHEDULE -1

INDIAN STAMP ACT 1899

(Those Articles for which there is no counterpart in Schedule 1-A)

Description of Instrument

Proper Stamp Duty Rs. Ps.

13. Bill of exchange as defined by section 2(2) not being a bond, bank note or currency note

(a) (xxxx)

(b)* where payable otherwise than on demand

(1) where payable not more than three months after date of sight if the amount of the bill or note does not exceed Rs.500...

0.30

If it exceeds Rs. 500 but does not exceed Rs. 1000 and for every additional Rs. 1000 or part thereof in excess of Rs. 1000

0.60

(ii) where payable more than three months but not more than six months after date of sight, if the amount of the bill or note does not exceed Rs.500...

0.60

If it exceeds Rs.500 but does not exceed Rs.1000...

1.20

and for every additional Rs. 1000 or part thereof in excess of Rs.1000

1.20

(iii) where payable more than six months but not more than nine months after date of sight, if the amount of the bill or note does not exceed Rs.500

0.90

If it exceeds Rs. 500 but does not exceed Rs.1000...

1.80

and for every additional Rs. 100 or part thereof in excess of Rs. 1000

1.80

(iv) where payable more than nine months but not more than one year after date of sight, if the amount of the bill or note does not exceed Rs.500

1.25

If it exceeds Rs. 500, but does not exceed Rs.1000...

2.50

and for every additional Rs. 1000 or part thereof in excess of Rs.1000.

2.50

Indian

stamp

Act 1899

107

Proper Stamp Duty Rs. Ps.

2.50

Description of Instrument

*(c) where payable more than one year after date of sight, if the amount of the bill or note does not exceed Rs. 500.

If it exceeds Rs.500, but does not exceed Rs.1000 and for every additional Rs.1000 or part thereof in excess of Rs. 1000

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

(Note: If a bill of lading is drawn in parts the proper stamp therefor must be borne by each one of the set)

5.00

1.00

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 Indian Ports Act, 1889 and are to be delivered at another place within the limit of the same port.

(b) Bill of lading when executed out of India and relating to property to be delivered in India

27.

Debenture (whether a mortgage debenture or not) being a marketable security transferable.

(a) by endorsement or by separate instrument of transfer where the amount or value does not exceed

100-10

where it exceeds Rs.10 and does not exceed

500-20

Rs. 50

Rs. 100

0-35

Rs. 100

Rs. 200

0-75

Rs. 200

Rs. 300

1-10

Rs. 300

Rs. 400

1-50

Rs. 400

Rs. 500

1-85

Rs. 500

Rs. 600

2-25

Rs. 600

Rs. 700

2-60

Rs. 700

Rs. 800

3-00

Rs. 800

Rs. 900

3-40

Rs. 900

Rs. 1000

3-75

and for every Rs. 500 or part thereof in excess of Rs. 1000

1-85

*(b) by delivery

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

0-35

103 Karadeepika

Description of Instrument

where it exceeds Rs.50 and does not exceed

Rs. 100

0-75

Rs. 100

Rs. 200

1-50

Rs. 200

Rs. 300

2-25

Rs. 300

Rs. 400

3-00

Rs. 400

Rs. 500

3-75

Rs. 500

Rs. 600

4-50

Rs. 600

Rs. 700

5-25

Rs. 700

Rs. 800

6-00

Rs. 800

Rs. 900

6-75

Rs. 900

Rs. 1000

7-50

and for every Rs. 500 or part thereof in excess of Rs. 1000

3-75

EXPLANATION: The term "Debenture" includes any interest coupons attached thereto but 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 registered mortgage deed duly stamped in respect of the full amount of debenture 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 debenture holders.

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

37. Letter of credit, that is to say, any instrument by which one person authorises another to give credit to the person in whose favour it is drawn:

47. Policy of Insurance

A. Sea Insurance

(1) for or upon any voyage-

(i) where the premium of consideration does not exceed the rate of one-eighth percent of the amount insured by the policy.

Proper Stamp Duty Rs. Ps.

If drawn signly If drawin in duplicate for each part Rs. - Ps.

Rs.- Ps.

0.05

0.05

(ii) in any other case in respect of, every full sum of Rs,1,500 and also any fractional part of Rs. 1,500 insured by the policy.

0.05

0.05

(2) for time-

(0) In respect of every full sum of Rs 1,000 and also any fractional part of Rs.1,000 insured by the policy.

0.10.

0.10

Indian Stamp Act 1899

109

Description of Instrument

Proper Stamp Duty Rs. Ps.

(a) where the insurance shall be made for any time not exceeding six months.

0.10

0.10

0.25

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

0.10

B. 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:

(1) in respect of an original policy

(1) when the sum insured does not exceed Rs. 5000

(ii) in any other case;

(2) in respect of the receipt for any payment Premium or any renewal of an original policy.

C. Accident and Sickness -Insurance:

(a) against railway accident valid for a singlejourney only

EXEMPTION

When issued to a passenger travelling by intermediate or the third class in any railway.

(b) in any other case... for the maximum amount which may become payable 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 there of Provided that in the case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs.2-50 per Rs. 1,000 the duty of such instrument shall be 10 paise for every Rs 1,000 or part thereof of the maximum amount which may become payable under it. In the case of a policy of insurance covering accident to passengers travelling by air, if any of the duty chargeable as exceeds 10 paise in each rupee of the amount of premium payable in the policy will be remitted.

(C) Insurance by way of indemnity against liability to pay damages on account of accidents 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

0-25

0-50

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

0-05

0-10

0-05

110 Karadeepika


Description of Instrument

thereof payable as premium.

D. Life Insurance or Group Insurance or other Insurance not specifically provided for except such, a Re- Insurance as is described in Division E of this Article.

(0) for every sum insured not exceeding Rs.250

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

(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs.1000/-

and also for every Rs. 1,000/- or part thereof.

EXEMPTION

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 the Insurance company which has granted a policy of the nature specified in Division A or Division B of the article with another company by way of indeminity or guarntee against the payment. on the original insurance of a certain part of the paise. sum insured thereby.

GENERAL EXEMPTION

Letter of cover of engagement to issue a policy of insurance: Provided that, unless such letter or engagement bear 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.

49. Promissory note as defined by Section 2 (22)

(a) when payable on demand-

(1) when the amount or value does not exceed

Proper Stamp Duty Rs. Ps.

If drawn signly If drawn each part in duplicate for

Rs - Ps

0-10

0-05

0-10

Rs. - Ps.

0-05

0-20

0.10

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.

One-quater of duty payable in respect of the original insurance amount but not less than 5 paise or more than Rs. 0.50

Provided that if the total amount of duty payable is not a multiple of 5 paise, the total amount shall be rounded off to the next higher multiple of 5.

0-05

Indian Stamp Act 1899

111

Description of Instrument

Proper Stamp Duty Rs. Ps.

Rs.250

0-10

(ii) when the amount or value exceeds Rs.250 but does not exceed Rs.1000

0-15

(iii) in any other case

(b) when payable otherwise than on demand:

52. Proxy empowering any person to vote at any one election of the members of a Zilla Parishad or of a body of Municipal Commissioner or at any one meeting of

(a) members of an incorporated company or their body corporate whose, stock of funds is or are divided into shares and transferable

0-15

(b) a local authority or (c) proprietors, members or contributors to the fund of any institution.

1-00*

53. Receipt as defined by Section 2(23) for any money on other property, the amount or value of which exceeds Rs.5000

Amended w.e.f. 01-08-2004 through Finance Act. 32 of 1994.

RECEIPT

(a) endorsed of contained in any instrument duly stamped or any instrument exempted under the provision to Section 3 (Instruments executed on behalf of the Govt.) or any cheque or bill of exchange payable on demand acknowledging the receipt of consideration money therein expressed or the receipt of any principal money, interest of 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 Govt. revenue, or (in the States. of Madras, Bombay and Andhra as they existed immediately before the 1st November 1956) of Inam lands:

(d) for pay or allowances by non-commissioned or petty officers, soliders, sailors or airmen of the Indian military, 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,

112

Karadipika

Description of Instrument

Proper Stamp Duty Rs. Ps.

the sum comprised in the receipt has been assigned is noncommissioned or petty officer, solider, sailor or airmen of 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 such noncommissioned or petty officers soldiers. sailors or airmen and not serving the Government in any other capacity:

(g) given by 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.

Provided also that this exemption shall extend to a receipt of acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share or in respect of a call upon any scrip in share of, or, in, 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.

*Note: The Central Govt. remitted the proper stamp duty chargeable in respect of

(a) bill of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and received through out India;

(b) all other instruments in the union territories executed by or on behalf of any society for the time being registered or deemed to be registered under any law relating to Coop. Societies for the time being in force. (Notification No S.O. 2704 dt. 7-11-60)

Indian Stamp Act 1899

113

Description of Instrument

Proper Stamp Duty Rs. Ps.

62. TRANSFER

(whether with or without consideration)

Twenty five paise for every hundred rupees or part thereof the value of the share

(a) of shares in an incorporated company or other body corporate:

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

(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 Administration-General's- Act. 1847 section 31.

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

EXEMPTIONS

Transfer 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 documents of title to goods:

(c) of a policy of insurance;

(d) of securities of the Central Government.

114 Karadeepika

One half of the duty payable on a conveyance (No.23) for a consideration equal to the face amount of the debenture.

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

Five rupees.

Ten started

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

SCHEDULE-1-A INDIAN STAMP ACT, 1899

Stamp duty on certain instruments under the Stamp (Andhra Pradesh Amendment) Act, 1922 (See Section 3. First Proviso)

Description of Instrument

Proper Stamp Duty Rs. Ps.

1. Acknowledgment of a debt ex-ceeding 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 banker's pass book)or on a separate piece of paper when such book or paper is left in the creditor's possession: provided that such acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property.

2. Administration Bond including a bond given under Section 291 or section 375 of the Indian Succession Act, 1925 (Central Act, 39 of 1925) or Section 6 of the Government Savings Bank Act, 1873 (Central Act.5 of 1873).

a) where the amount does not exceed Rs.1,000.

b) in any other case.

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.

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

EXEMPTION

Affidavit or declaration in writing when made for the sole purpose of enabling any person to receive any pension or chairtable allowance.

5. Agreement or memorandum of an agreement-

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

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

Three fourths of the duty as a Bond (No. 13) for such amount

Thirty rupees

Thirty five rupees

Ten rupees

One rupee

Subject to a maximum of seventy five rupees, fifty paise for every Rs. 10,000 or part thereof, of the value of the security or share

Indian Stamp Act 1899

115

Description of Instrument

Proper Stamp Duty Rs. Ps.

6. Agreement or memorandum of an Agreement-

(A) Where the value

(i) does not exceed Rs. 5000/-

(ii) exceeds Rs. 5000/-but does not exceed Rs.20,000/-

exceeds Rs. 20,000/- but does not exceed Rs.50,000/-

iv) exceeds Rs. 50,000/-

(B) If relating to construction of a house or building including a mulit-unit house or building or unit or apartment/flat/portion of multi-storied building or for development/sale of property

Note: Through the Notification issued in G.O.Ms No.581, Revnue (Regn I) Dept. Dt.30.11.2013, the rate of Stamp Duty in respect of Article 6 (B) is reduced w.e.f. 02.12.2013, as follows:

Instrument

Rate of duty

i) Sale Agreement with possession

4%

ii) Sale Agreement without possession

0.5%

iii) Agreement of sale-cum-G.P.A

5%

iv) Development/Construction Agreement

0.5%

v) Development Agreement-cum-G.P.A

1%

vi) Construction Agreement-cum-G.P.A

1%

(C) IN ANY OTHER CASE

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

(a) the deposit of title deeds or instrusments constituting being evidence of the title to any property whatever (other than a marketable security), where such deposit 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:

116 Karadeepika

Ten rupees

Twenty rupees

Fifty rupees

One hundred rupees

Five rupees for every one hundred rupees or part thereof on the market value or the estimated cost of the proposed property as the case may be, as mentioned in the agreement or the value arrived at in accordance with the schedule of rates prescribed by the Public Works Department authorities, whichever is higher.

whether adjustable

Adjustable

Not adjustable

4% only is Adjustable

Not Adjustable

Not Adjustable

Not Adjustable

One hundred rupees

0.5% of the amount secured by such deed, subject to a maximum of fifty thousand rupees

Description of Instrument

(b) the pawn. pledge or hypothecation of moveable property, where such pawn, pledge, or hypothecation has been made by way of security for the repayment of money advanced, or to be advanced by way of loan or an exisiting or future debt;

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

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

EXPLANATION

For the purpose of the clause (a) of this article, notwithstanding anything contained in any judgement, decree or order of any court or order of any authourity, any letter, note, memorandum or writing relating to the deposit of title deeds whether written or made either before or at the time when or after the deposit of title deeds is effected and whether it is in respect of the security for the first loan or any additional loan or loans taken subsequently, such letter, note, memorandum or writing shall, in the absence of any separate agreement or memorandum of agreement relating to deposit of such title deeds, be deemed to be an instrument, evidencing an agreement relating to the deposit of title deeds.

EXEMPTION

1. Letter of hypothecation accompanying a bill of exchange duly stamped.

2. Unattested instrument of pawn or pledge of.....

(a) Farm equipment and Tractors:

(b) Any goods for a loan secured upto one lakh rupees.

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

9. 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/-

(b) in any other case,

Sixty rupees

The same duty as a Bottomry Bond (No.14) for such amount.

Thirty rupees

Indian

stamp

Act 1899

117

Proper Stamp Duty Rs. Ps.

0.5% of the amount secured. subject to a maximum of two lakh rupees.

Half the duty payable under sub clause (i)

Description of Instrument

Proper Stamp Duty Rs. Ps.

Fifteen rupees

10. 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..

EXEMPTION

Instruments of apprenticeship exceuted by a Magistrate under the Apprentices Act, 1961 (Central Act 52 of 1961) or by which a person is apprenticed by, or at the charge of, any public charity.

11. Articles of Association of a company-

(i) where the company has no share capital;

(ii) where the company has authorised share capital or increased share capital,

One thousand rupees

0.15% of such authorised share capital subject to a minimum of one thousand rupees and a max- imum of five lakh 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 or value of the property to which the award relates, as setforth in such award, does not exceed Rs.1000.

b) if it exceeds Rs1000 but does not exceed Rs.5000/- and for every additional Rs.1000 or part thereof in excess of Rs.5000;

The same duty as a Bottomry Bond (No.14) for such amount

Fifty rupees

Two rupees subject to a maximum of two hundred rupees

13. Bond, as defined by Section 2(5), not being a debenture and not being otherwise provided for, by this Act, or by the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 (Andhra Pradesh Act V11 of 1956)

a) where the amount or exceed Rs. 1000,

b) where it exceeds Rs. 1000

Three rupees for every one hundred or part thereof

EXEMPTION

The same duty as under clause (a) for the first Rs.1000 and for every Rs.500 or part thereof in excess of Rs. 1000/- fifteen rupees

Bond, when executed 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

113

Karadipika

Description of Instrument

14. Bottomry Bond, that is to say, any instrument whereby the master of a sea-going ship borrows money, on the security of the ship to enable him to preserve the ship or prosecute her voyage

a) where amount or value secured does not exceed Rs.1000;

b) where it exceeds Rs. 1000

15. Cancellation-Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.

16. 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

NOTE: Rate of Stamp duty has been reduced to 4% vide Notification issued in G.O.Ms.No.582, Rev Regn-1 Dept. dt.30.11.2013 w.e. f. 02.12.2013.

17. Certificate or other doucment 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

18.1) Charter Party,that is to say, any instrument (except agreement for the hire of a tug-steamer), where-by a vessel or some specified principal part thereof is let for the specified purpose of the charter, whether it includes a penalty clause or not.

2) A Chit Agreement, that is to say, an agreement, relating to a chit as defined in clause (2) of section 2 of the Andhra Pradesh Chit Funds Act, 1971. Act 9 of 1971, if, either such agreement is executed, or the chit is conducted in the State of Andhra Pradesh, where the value of the chit,-

(i) does not exceed rupees one lakh;

(ii) exceeds rupees one lakh.

Proper Stamp Duty Rs. Ps.

Three rupees for every one hun- dred rupees or part thereof;

The same duty as under clause (a) for the first Rs.1,000 and for every Rs.500 or part thereof in ex- cess of Rs.1000/- fifteen rupees.

Thirty rupees

The same duty as a conveyance (No.20) for a consideration or market value or market value equal to the amount of the purchase money only.

Thirty paise

Five paise

ten paise

Fofty paise

119 of the Indian Stamp Act 1899

Description of Instrument

Proper Stamp Duty Rs. Ps.

Thirty five paise

19. 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 licence, for the benefit of his creditors:

20. Conveyance as defined by section 2 (10), not being a sale, charged under (No.47-A) or a transfer charged or exempted under (No. 53).

a) where the amount or value of the consideration for such conveyance as set-forth therein or the market. value of the property which is the subject matter of the conveyance whichever is higher does not exceed Rs.50;

b) where it exceeds Rs.50, but does not exceed Rs. 1,000

c) where it exceeds Rs. 1,000 Provided that where an agreement to sell immovable property is stamped with the advalorem stamp required for a conveyance on sale under Article-47-A and a conveyance on sale in pursuance of such agreement is subsequently executed, the duty on such conveyance on sale shall be the duty payable under the article less the duty already paid under article 47-A subject to a minimum of five rupees

Two rupees fifty paise

Five rupees for every one hundred rupees or part thereof.

The same duty as under clause (b) for the first Rs.1000.and for every Rs.500 or part thereof in excess of s. 1000- Twenty five rupees.

Two rupees for every one hundred

rupees or part thereof of the

market value of the property,

which is the subject matter of

such conveyance,

d) conveyance, so far as it relates to amalgamation or merger of companies under the order of High Court under section 394 of Compaines Act, 1956.

EXPLANATION

For the purpose of the caluse (d) the market value of the property shall be deemed to be the amount of total value of the shares issued or allotted by the transferee company, either in exchange or otherwise, and the amount of consideration, if any. paid for such amalgamation or merger.

NOTE: Rate of Stamp duty under clauses (a), (b) and (c) has been reduced to 4% vide Notification issued in G.O.Ms.No.582, Rev (Regn-1) Dept dt.30.11.2013 w.e.f. 02.12.2013.

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Karadipika

Description of Instrument

Proper Stamp Duty Rs. Ps.

21. 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 orginal was not chargeable with duty, or if the duty with which it was chargeable does not exceed two rupees fifty paise:

Ten rupees

ii) in any other case.

Twenty rupees

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.

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

22. 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 orginal instruments is chargeable does not exceed ten rupees

b) in any other case:

The same duty as is payable on

the orginal.

Twenty rupees.

23) Customs Bond-

a) where the amount does not exceed Rs.1000:

The same duty as a Bottomry Bond (No. 14) for the such amount

Thirty rupees.

b) in any other case.

Ten rupees

24) 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 any warehouse in which goods are stored or deposited or 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 five thousand rupees

Five rupees

25. Divorce Instrument of, that is to say any instrument by which any person effects the dissolution of his marriage.

Indian Stamp Act 1899

121

Description of Instrument

26. Entry as an Advocate on the roll of the Bar Council of Andhra Pradesh under the Advocates Act, 1961.

EXEMPTION

Entry as an advocate on the roll of the Bar Council of Andhra Pradesh when he has been previously enrolled as a Vakil in Andhra Pradesh High Court or as an Advocate or Vakil in any other High Court.

27. Exchange of property

NOTE: Rate of Stamp duty has been reduced to 4% vide Notification issued in G.O.Ms.No.582 Rev Regn-1 Dept dt.30.11.2013 w.e.f.

02.12.2013. 28. Further Charge- Instrument of, that is to say, any instrument imposing a futher charge on mortgaged

property:

a) when the original mortgage is one of the description referred to in clause (a) of Article 35 (that is, with possession):

(b) when such mortgage is one of the description referred to in clause (b) of Article 35(that is, without possession):

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:

Proper Stamp Duty Rs. Ps.

Two hundred and fifty rupees or if previously enrolled as an Attorney in any High Court, one hundred and twenty five rupees.

The same duty as a Conveyance (No.20) for a consideration or market value equal to the market value of the property of greater value, which is the subject matter of exchange.

The same duty as a Conveyance (No.20) for a conisderation or market value equal to the amount of the further charge secured by such instument.

The same duty as a Conveyance (No.20), for a consideration or market value equal to the total amount of the charge (including the orginal mortgage and any further charge already made), less the duty already paid on such orginal mortgage and further charge.

The same duty as a Bottomry Bond (No.14) for the amount of the further charge secured by such instrument.

ii) if possession is not so given

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Karadipika

Description of Instrument

Proper Stamp Duty Rs. Ps.

NOTE: Rate of Stamp duty has been reduced vide Notification issued in G.O.Ms.No.583, Rev (Regn-1) Dept, dt. 30.11.2013 w.e.f. 02.12.2013 to 2% under clauses (a) and (b)(i), and to 0.5% under clause (b)(ii).

29. Gift-Instrument of, not being a Settlement (No.49) or Will or Transfer (No.53)

Note:

(1) Through Notification issued in G.O.Ms. No. 395, Rev (Regn-1) Dept., dt. 26-11-2014, stamp duty on gifts in favour of relatives as defined u/s 56(2) of IT Act, 1961 and Govt./ local bodies/UDAs is revised to 2% and in other cases to 5%.

(2) The following are relatives u/s 56(2) of IT Act, 1961:

(i) Spouse of the individual;

(ii) Brother or sister of the individual;

(iii) Brother or sister of the spouse of the individual;

(iv) Brother or sister of either of the parents of the individual;

(v) Any lineal ascendant or descendant of the individual:

(vi) Any lineal ascendant or descendant of the spouse of the individual:

(vii) Spouse of the person referred to in clauses (ii) to (vi).

(viii) In case of Hindu Undivided family, any member thereof

30. Indemnity Bond

The same duty as a Security Bond (No. 48) for the same amount.

31. Lease, including an under lease or sub-clause and any agreement to let or sub-let;

a. whereby such lease the rent is fixed and no premium is paid or delivered.

il where the lease purports to be for a term of less than one year.

ii) Where the lease purports to be for a term of not less than one year but ont more than five years.

iii) Where the lease purports to be for a term exceeding five years, but not exceeding ten years.

The same duty as a Security Bond (No.48) for the same amount.

The same duty as a Bottomry Bond (No.13) for the amount or value of the average annual rent reserved.

The same duty as a Conveyance

(No.20) for a consideration

or market value equal to the

amount of value of the annual

rent reserved.

123 of the Indian Stamp Act 1899

Description of Instrument

iv) Where the leasse purports to be for a term exceeding ten years out, not a exceeding twenty years.

v) Where the lease purports to be for a term exceeding twenty years but not exceeding thirty years.

vi) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years.

vii) Where the lease purports to be for a term exceeding one hundred years or in perpetuity.

viii) Where the lease does not purport to be for any definite term.

b) Where the lease granted for fine or premium, or for money advanced and where no rent is reserved.

c) where the lease is granted for a line or premium, or for money advanced in addition to rent reserved;

Proper Stamp Duty Rs. Ps.

The same duty as a Conveyance (No. 20) for a consideration or market value equal to twice the amount or value of the average annual rent reserved.

The same duty as a Conveyance (No. 20) for a consideration or market value equal to twice the amount or value of the average annual rent reserved.

The same duty as a Conveyance (No.20) for a consideration or market value equal to one sixth of the whole amount of rents which would be paid. or delivered in respect of the first fifty years o the else.

The same duty as a Conveyance (NO.20) for a constitution of market value equal to one sixth of the whole amount of rents which would be paid or delivered in respect of the first fifty years.

The same duty as a Conveyances (No.20) for a consideration or market value equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.

The same duty as a Conveyance (No.20) for a consideration or market value equal to the amount or value of such fire or premium or advances as set forth in the lease,

The same duty as a Conveyance (No.20) for a consideration or market value equal to the amount of 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

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Karadipika

Description of Instrument

Proper Stamp Duty Rs. Ps.

with the advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed five rupees.

The same duty as a Conveyance (No.20) for value of the improvement contemplated to be made by the lessee as set-forth in the deed in addition to the duty chargeable under clauses (a) or (b) or (c).

d) where the lessee is to make over the improvement if any to the lessor, on termination of the lease, falling under clauses (a) or (b) or (c).

EXPLANATION

When a lessee undertakes to pay any recurring charges, such as Government revenue, the landlord's share of cesses, or the owner's shares of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.

Note: Through the notification issued in G.O.Ms. No.588. Revenue (Regn-1) Dept., dt.4.12.2013, the stamp duty on lease deeds is reduced, with effect from 5-12-2013 as mentioned below:

(a) (i) for less than 1 year

(ii) for 1-5 years

(a) For residential properties

(b) In other cases

(iii) for 5-10 years

(a) For residential properties

(b) In other cases

(iv) for 10-20 years

(v) for 20-30 years.

vi) for more than 30 years or in perpetuity

(b) for fine, premium or money advanced without rent

(c) for fine, premium or money advanced in addition to rent

(d) involving improvements, to be made over to lessor at the end.

0.4% on total rent

0.5% on A.A.R.

1% on A.A.R.

1% on A.A.R.

2% on A.A.R.

6% on A.A.R.

15% onA.A.R.

3% on M.V. of the property.

2% on fine/premium/advance

2% on fine/premium/advance in addition tothe duty on rental basis.

2% on lumpsum amount in addi- tion to duty on rental basis.

125 of the Indian Stamp Act 1899

Description of Instrument

Proper Stamp Duty Rs. Ps.

Thirty paise

32. 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:

33. Licence of immovable or movable property, that is to say, licence granted by owner or authority for rent or fee or by whatever name it is called...

(a) where by such licence granted for rent or fee or by whatever name it is called...

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

(ii) where the licence purports to be for a term of not less than one year but not more than five years:

(iii) where the licence purports to be for a term of not less than five years but not exceeding ten years:

(b) where the licence is granted for a lumpsum amount advanced and where no rent or fee or by whatever name it is called is reserved;

(c) where the licence is granted for a lumpsum amount advanced in addition to rent or fee by whatever name it is called:

Two rupees for every one hundred rupees or part three of for the first Rs. 1000/- and for every Rs.500/-or part thereof in excess of Rs.1,000/-ten rupees, for the whole amount payable, or deliverable under such licence;

Two rupees for every one hundred rupees or part thereof for the first Rs.1000/- and for every Rs.500/- or part thereof in excess of Rs.1000./-ten rupees, for the amount or value of the average annual rent or fee or by whatever name it is called.--

Five percent on the amount or value of one and half times of the average annual rent or fee or by whatever name it is called

Five percent on the lumpsum amount as setforth in the licence;

Five percent on the lumpsum

amount advanced as setforth in

the licence in addition to the duty

which would have been payable

on such licence if no lumpsum

amount advanced had been paid

or delivered;

Five hundred rupees;

Note: The rate of 5% mentioned in clauses (b) and (c) is reduced to 2% through the notification issued in G.O.Ms. No. 588, Revenue (Regn-1) Dept., dt. 4-12-2013, w.e.f. 5-12-2013.

34. Memorandum of Association of a company:-

(a) if accompanied by Articles of Association under section 26 of the Companies Act, 1956 (Central Act 1 of 1956):

129 Karadeepika

Description of Instrument

(b) if not so accompanied

35. Mortgage deed not being an Agreement relating to Deposit of Title deeds, Pawn or Pledge (No.7), Bottomry Bond (No.14), Mortgage of a crop (No.36), Respondentia Bond (No.47), or Security Bond (No. 48)

a) when possession of the property or any part of the property comprised in such deed is given by the mortgage or agreed to be given;

b) when possession is not given or agreed to be given as aforesaid;

Note: Through the notification issued in G.O.Ms.No. 583, Revenue (Regn-1) Dept., dt. 30-11-2013, the rates of duty mentioned in clauses (a) and (b) are reduced to 2% and 0.5% respectively. besides fixing a duty of Rs. 5000/-in respect of mortgages without possession in favour of Govt. or local bodies or UDAs to ensure compliance with building/layout rules, w.e.f. 2-12-2013.

EXPLANATION

A mortgagor who gives or has given to the mortagee a power of attorney to collect rents, or has given to the mortgagee a lease, of the property mortgaged or part thereof, is deemed to give possession thereof 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 the principal or primary security is duly stamped for every sum secured not exceeding Rs.1000/-Exemption: Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883(Central Act 19 of 1883), or the Agriculturists Loans Acts, 1884 (Central Act 12 of 1884) or by their sureties as security for the repayment of such advances.

36. 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-

127 of the Indian Stamp Act 1899

Proper Stamp Duty Rs. Ps.

The same duty as under Article 11, according to the share capital of the company.

The same duty as a Conveyance (No.20) for a consideration or market value equal to the amount secured by such deed.

The same duty as a Bottomry Bond (No.14) for the amount

secured by such deed.

Three rupees and for every

Rs. 1000/- or part thereof secured

in excess of Rs.1000/-

Description of Instrument

Proper Stamp Duty Rs. Ps.

for every sum secured not exceeding Rs.200;

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

b) when the loan is repayable more than three months but not more than eighteen months from the date of the instrument- for every sum secured not exceeding Rs. 100;

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

37. Notarial act, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a protest (No.43) made or signed by a Notary in the execution of the duties of his office, or by any other person lawfully acting as a Notary.

38. Note or 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

39. Note of Protest by the Master of a Ship

40. Partition Instrument of [as defined by section 2(15)]

Forty paise

Forty paise

Sixty paise

Sixty paise

Three rupees fifty paise

One rupee

Subject to a maximum of fifty rupees, fifty paise for every Rs.10,000/- or part thereof of the value of the stock or security.

Two rupees

The same duty as a Bottomry Bond (No.14) for the amount or the market 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 market 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:

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Description of Instrument

Proper Stamp Duty Rs. Ps.

Provided always that -

a) when an instrument of partition containing an agreement to divide property in severality 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 five rupees;

b) where land is held on Revenue settlement for a period not exceeding thirty years and paying the fulll assessment, the value for the purpose of duty shall be calculated at twenty-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 five rupees.

NOTE: Rate of Stamp duty under Art 40 has been revised vide Notification issued in G.O.Ms.No.395, Rev (Regn-1) Dept.. dt.26.11.2014 w.e.f. 26.11.2014 as follows:

(i) In favour of family members: 1% of the market value of the separated share or shares of the property.

(ii) In favour of others: 2% of the market value of the separated share or shares of the property.

Indian Stamp Act 1899

129

Description of Instrument

Proper Stamp Duty Rs. Ps.

41. Partnership:

A. Instrument of.

(a) where the capital of the partnership does not exceed Rs. 5000/-

One hundered rupees

Five hundred rupees

(b) in any other case.

B. Reconstitution of,-

(a) where immovable property contributed as share by a partner or partners remains with the firm at the time of outgoing in whatever manner by such partner or partners on reconstitution of such partnership:

5% on the market value of the immovable property remaining with the firm.

(b) in any other case

Rupees five hundred.

C. Dissolution of,-

(a) where the property which belonged to one partner or partners when the partnership. commenced is distributed or allotted or given to another partner or partners;

5% on the market value equal to the market valule of the property distributed or allotted or given to the partner or partners under the instrument of dissolution in addition to the duty which would have been chargeable on such dissolution if such property had not been distributed or allotted or given;

b) in any other case.

Rupees five hundred.

Note: Rate of Stamp duty under Art 41 B (a) and 41 C (a) has been reduced to 3% vide Notification issued in G.O.Ms.No.584, Rev (Regn-1) Dept., dt. 30.11.2013 w.e.f. 02.12.2013.

42. Power of Attorney as defined by section 2(21) not being a proxy-

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 executions of one or more such documents:

Twenty rupees.

b) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a):

Twenty rupees.

c) when authorising not more than five persons to act jointly and severally in more than one transaction or generally:

Fifty rupees

130 Karadeepika


Sunday, 20 October 2024

The Indian Stamp Act 1988 PART 8 100

 Article serial no

Document details

Stamp duty payable

(58) Settlement, or Deed of Registration :

(A) Deed of Mahr or Dower (relating to Muhammadans).

Same as stamp duty payable on bond, on the value of the property given or acknowledged by the said deed (Article-15). At the same time. If an agreement in respect of settlement has been written and stamp duty has been paid on that agreement as payable on a settlement deed, and subsequently, a settlement deed has been written in pursuance of the said agreement, no stamp duty of more than 50 paise shall be payable on the said deed.

Exemption (without payment of stamp duty):

(a) If a deed of mahr or dower is written at the time of a Muhammadan marriage, no stamp duty is payable on such deed.

(b) Deleted.

(B) Withdrawal.

Same as stamp duty payable under bond (Article-15) on value of property mentioned in withdrawal deed.

(59)

Share warrant - issued to bearers under the Companies Act, 2013 5. (to bearer issued under Indian Companies Act).

1 1/2 times the stamp duty paid on the conveyance deed (Article 23) on consideration equal to the nominal amount of the shares mentioned in the warrant.

Exemptions (without payment of stamp duty): Share warrant issued by a company under section 30 of the Indian Companies Act.

(60) Shipping order means an order in relation to the carriage of goods by a water transport vehicle.

Six paise

(61)

Surrender of lease

(a) Cases where stamp duty on tenancy does not exceed five rupees.

(b) Other cases.

Same as stamp duty on tenancy agreement

Five rupees

Schedule – 1

81

Article serial no

Document details

Stamp duty payable

Exemptions (without payment of stamp duty):

Cases of abandonment of tenancy without levy of stamp duty.

(62) Transfers (whether transfer with consideration or transfer without consideration).

(a) Transfer of shares in an incorporated company, or any other body corporate

(b) Transfer of debentures treated as marketable securities. (whether the debenture in question is stamp duty payable or not) but debentures covered by section (8) are not covered by this article.

25 paise on transfer of shares worth Rs

The face value of the debenture is half of the duty payable on the deed of conveyance (Article 23) on equitable consideration.

(c) Transfer of interest accrued by any bond, mortgage deed, or insurance policy.

(1) Cases where the stamp duty on the said bond, mortgage deed or deema policy does not exceed five rupees.

Five rupees, similar to the stamp duty paid on the said bond, mortgage or insurance policy

(ii) Other cases

(d) 'Transfer of property under the Administrator General Act, 1874

Ten rupees

five rupees, or the minimum stamp duty payable under clauses A, B, C of this article

(e) gratuitously, property belonging to any trust. Transfer from one trustee to another trustee, or from one trustee to a beneficiary.

Exemptions (without payment of stamp duty):

(a) Transfer of bill of exchange, check or promissory note by endorsement.

(b) the transfer by endorsement of any commercial document relating to a bill of lading, delivery order, warranty on goods, or transfer of ownership of goods.

(c) Transfer of insurance policy by endorsement.

d) Transfer of Central Government securities by endorsement. (See also Section (8)).

Note: Stamp duty is not levied on transfer of shares and debentures under the depositor scheme.

(63) Transfer of tenancy is transfer by assignment and not by underlease

Similar to stamp duty payable on conveyance deed (Article-23) depending on consideration of transfer,

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Karadipika


Article serial no

Document details

Stamp duty payable

Exemption (without paying stamp duty):

No stamp duty is levied on transfers of tenancy that do not require payment of stamp duty.

(64) :

(a) a written declaration (other than by will) of the creation of a trust in respect of any property;

(b) a declaration in writing (other than by will) revoking or revoking the trust;

(65) Warrant for goods

A certificate of attestation issued by the person in charge or owner of such warehouse, port, or other place, stating that goods stored or kept in any warehouse, port, or other place, belong to a particular person or his assignee.

In the same manner as stamp duty is levied under the bond (Article 15) on the value of the trust property, but the maximum shall not exceed fifteen rupees.

In the same way that stamp duty is levied under the bond (Article 15) on the value of the trust property. But the maximum should not exceed ten rupees.

Twenty five paise.

Note : On the documents, deeds, papers, certificates etc. in this Schedule-1

The details of stamp duty etc. quoted are basic and general. In that order there are many exceptions and limitations in the matter of stamp duty on deeds, documents, certificates etc. under each article. In this regard, the central government has issued several notifications on the occasion. Still releasing. There is also a possibility of release earlier. For example, Reserve Bank, I.D.B.I. The Central Government issued a notification dated 30-11-2005 exempting stamp duty on promissory notes and bills of exchange in the case of commercial banks and many other commercial institutions.

Similarly, there are many exceptions in the case of stamp duty on written agreements, bonds etc. in the case of central government needs, public interests, agricultural loans, agricultural activities, land acquisition etc.

Therefore, when in doubt regarding stamp duty, it is useful to consult the relevant government departments, departments, banks, advocates, chartered accountants, document writers (deed scribes), registration officers as the case may be and take their advice. Finally, readers should note that this schedule in respect of stamp duty: is not standardized. This schedule is subject to constant changes and additions.

Schedule – 1

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Schedule-1(a)

(Stamp duty levied and collected by the State Governments of Andhra Pradesh and Telangana

(First proviso to section (3))

Important Note : As explained on several occasions earlier, this schedule is entirely for Andhra Pradesh and Telangana

Pertaining to states. Telangana emerged as a separate state from 2-6-2014. However, this schedule of undivided Andhra Pradesh is applicable to the state of Telangana as well. But Telangana state government has made some amendments here and there. In that order, the amendments made by the Telangana State Government have been shown in brackets and italics. Therefore, it is necessary to note that the stamp duty not indicated in brackets is applicable to Andhra Pradesh and Telangana, whereas the stamp duty indicated in brackets is applicable only to Telangana. Therefore, in these rules, the word "Andhra Pradesh" shall be substituted and interpreted as "Telangana" in relation to the State of Telangana. The details regarding the levy of stamp duty on the items under these two states are contained in this schedule.

Article serial no

(1)

Document details

Stamp duty payable

Acknowledgment: Worth more than twenty rupees

Acknowledge Barry. This should be signed by the borrower or another person on his behalf. The signed document should be with the lender. (Acknowledgment should not contain any promise regarding payment of arrears or payment of interest).

Twenty paise (one rupee in respect of Telangana)

(2) Administration bond : including an administration bond given under section 291 or 375 of the Indian Succession Act, or under section 6 of the Government Savings Banks Act;

(a) if the value of the bond does not exceed one thousand rupees—

3/4th of the stamp duty mentioned in Article 13 (Bond) for the same amount (Rs. 50 in respect of Telangana)

Thirty rupees

(b) in other cases—

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Karadipika

Article serial no

(3)

(4)

Document details

Stamp duty payable

Adoption Deed: To record, confirm and authorize the adoption (other than a will)

Rupees thirty five (Rupees 100 in respect of Telangana)

Affidavit: Making a declaration in the form of an affidavit instead of taking an oath. Confirmation exemptions (without payment of stamp duty) for a person in receipt of any pension or charitable allowance

Affidavit directed to allow

10 rupees (20 rupees for Telangana)

(5) Agreement, or Memorandum of Agreement:

(a) In respect of sale of bill of exchange

One rupee (5 rupees in respect of Telangana)

(b) in relation to the sale of shares of a Government security, or of an incorporated company, or of any other corporate body;

Fifty paise (maximum rupees seventy five) on every security or share value of ten thousand rupees (Rupees 500 in respect of Telangana)

(6) Agreement or Memorandum of Agreement: (Unspecified)

(a) Value of Agreement:

Ten rupees

(1) 6.5,000/-

(ii) 6.5,000/ 6.20,000/ truck

Twenty rupees

(iii) 6. 20,000/ 6.50,000/ lakh

Fifty rupees

(iv) 6.50,000/-

100 rupees

Regarding Telangana:

(1) 6.50,000/- each

(ii) 6. 50,000/-5 per car 6. 2,00,000/- per car

(iii) 6. 2,00,000/-

(b) if the said agreement relates to the estimated cost of construction of a house or building (be it a multiunit house or an apartment unit, or a part of a building or development or any other immovable property)

Fifty rupees

100 rupees

200 rupees

Following construction estimate cost

(market value) five rupees for every 100 rupees or as estimated by the Public Finance Department.

Schedule – 10

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Article serial no

Document details

Stamp duty payable

Stamp duty shall be payable on the value (whichever is higher) determined accordingly.

(c) in other cases

100 rupees (Rupees two hundred in cases where the market value cannot be estimated in respect of Telangana)

(7) Agreement regarding Deposit of Title Deeds, PAN, Pledge:

(a) Depositing documents of title evidencing ownership rights in respect of any property other than marketable security. (as a guarantee for the repayment of a loan taken or to be taken in the future).

0.5% (Maximum Rs. 50,000) on the amount received by way of deposit

(b) in the case of an agreement in writing pawning or pledging certain chattels as security for the repayment of a sum borrowed or to be borrowed—

(1) In cases where the said debt or loan is payable immediately on demand, or after three months;

(11) In cases where the said debt or loan is due before three months

Half of the stamp duty payable under clause (1) of 0.5% per cent (maximum Rs. 2 lakh) on the said debt or loan

Explanation: Subject to clause (a)d of this article, a letter or note or memorandum may be written in relation to the deposit of title deeds notwithstanding any judgment, decree or order passed by any court or authority. Such letter or note or memorandum may be a security when taken first, or an additional debt, or a security taken later. In such cases the said note, or memorandum or letter is also treated as an agreement for deposit of title deeds.

Exemption (without payment of stamp duty):

(1) A letter of hypothecation attached to a bill of exchange duly stamped.

(2) (a) Unattested document relating to PAN or Pleddy of agricultural implements, tractors.

(b) Unattested PAN or Pledge document in respect of loan upto Rs.1 lakh on any goods.

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Karadipika

Article serial no

Document details

Stamp duty payable

(8)

(9)

(appointment in execution of power): Appointment of trustees, or appointment of trustees for immovable property (other than testamentary).

Rupees Sixty (Rupees 100 in respect of Telangana)

2 (appraisal or valuation) : (5 except in cases of valuation following court orders in the course of trial of a suit).

(a) if the value does not exceed one thousand rupees -

(b) In other cases

As payable under the Batamary Bond (Article 14), thirty rupees

(10) Apprenticeship deed

Including contracts for training or promotion in connection with a profession, business or employment with an employer. (Excluding Articles of Clership).

Fifteen Rupees) (50 Rupees in respect of Telangana)

Exceptions (Instrument of Apprenticeship issued by a Magistrate under the Apprentices Act, 1850 without payment of stamp duty, or document relating to Apprenticeship under any public charity.

(11) Articles of Association of the Company :

(i) Cases where the company has no share capital

(ii) Companies with increased share capital without authorized share capital

One thousand rupees

0.15% on the respective authorized share capital (56 1000, maximum 5 lakh rupees)

(12)

Award: A written decision of an arbitrator or umpire. (Suit should not have been referred following a court order as part of trial). But the mere ordering of partition does not come under the award. In that order

(a) if the amount or property in respect of the award does not exceed one thousand rupees

As mentioned in the Batamary Bond (Article 14) in respect of the said amount

(b) Exceeding Rs.1000 up to Rs.5000.

Fifty rupees. Rs 2 for every Rs 1000 above Rs 5000 to a maximum of Rs 200

Schedule – 10

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Article serial no

Document details

Stamp duty payable

(

13) A bond as defined under section (2), sub-section (5) : (except debentures (Article 27), a bond within the scope of the Court Fees Act, a bond referred to elsewhere in this Act) :

Three rupees for every hundred rupees

(a) When the amount or value of the bond does not exceed 1000 rupees

Clause up to first thousand rupees

(b) when the amount or value of the bond exceeds 1000 rupees

(a) 15 rupees for every five hundred rupees after exceeding one thousand rupees, as paid below.

Deferral (without payment of stamp duty)

A bond executed by a person assuring that the monthly income from donations from private individuals for the maintenance of a dharma hospital or dispensary for charitable purposes will be less than a specified amount.

(14) Botamari bond A bond given by the owner of a vessel plying on sea waters in order to borrow some money by keeping the vessel as security.

(a) Cases where the amount or value obtained by the bond does not exceed one thousand rupees

Three rupees for every hundred rupees

(b) cases where the said amount or value exceeds one thousand rupees

15 rupees for every five hundred rupees after exceeding one thousand rupees in the same manner as paid under clause (a) up to the first thousand rupees.

(15) Cancellation: cancellation or withdrawal of a document attested (including cancellation of a document relating to the cancellation of a previous document);

Rupees Thirty (Rupees Three Hundred in respect of Telangana)

(16) Sale certificate : A sale certificate issued to the purchaser by the Civil or Revenue Court, or the Collector, or any other officer, when the property is sold by public auction.

(a) When the purchase price does not exceed ten rupees

(b) When the purchase price exceeds 10 rupees and does not exceed 25 rupees

One rupee is one rupee fifty paise

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Article serial no

Document details

Stamp duty payable

(c) in other cases

Same as stamp duty paid on conveyance deed (Article 20) (auction sum shall be remunerated)

(17)

Certificate of other document: 2 A certificate of shares, scrip or star held by a person in a company or any other body corporate.

Thirty paise (Rupees ten in respect of Telangana)

(18)

(1) Charter party: means an agreement for the hire of a vessel or a major part of that vessel for a specific purpose (except an agreement for the hire of a tug steamer).

Five rupees (Rupees fifty in respect of Telangana)

(2) Chit Agreement : i.e. Pursuant to Clause (2) Sub-Clause (c) of Section (2) of the Chit Funds Act (whether the said Chit Agreement is written in Andhra Pradesh or executed in Andhra Pradesh) :

(1) 66 16 6.1,00,000/-

10 rupees (20 rupees for Telangana)

(ii) 66 D 6.1,00,000/-

Rupees Fifty (Rupees 100 in respect of Telangana)

(19)

A composite deed or compositionride is a written document in which the debtor surrenders his property for the benefit of his creditors, or under a written deed or letters of license authorizing the debtor to carry on business under the supervision of inspectors. (Benefit of Creditors

35 rupees (100 rupees for Telangana)

(20)

Property by means other than sale (conveyance deed): (as executed under sub-section (10) of (2)) (except a transfer charged or excluded under Article 47-A).

(a) cases where the consideration reflected in the deed or the market value of the property concerned does not exceed 50 rupees (whichever is higher);

Two rupees fifty paise

Schedule – 10

89

Article serial no

Document details

(b) Cases where the reward exceeds 50 rupees and does not exceed 1000 rupees

(c) After exceeding one thousand rupees

Stamp duty payable

Five rupees for every one hundred rupees up to the first thousand rupees as specified in clause (b) and after exceeding one thousand rupees 25 rupees for every five hundred rupees. Two rupees for every one hundred rupees depending on the market value of the property to be conveyed

(d) Deed of Conveyance relating to amalgamation of companies under Section 394 of the Companies Act following orders of the High Court.

Explanation: In relation to clause (de), market value of property means the total value of the shares issued or allotted by the transferee company (whether by way of exchange or otherwise), and any consideration paid in the course of the amalgamation.

Provided that an agreement for the sale of any immovable property has been in writing and stamp duty may have been paid under Article-47(a) on that agreement. Subsequently, a sale deed may be written pursuant to that agreement. In such cases only the stamp duty payable under Article-47(a) shall be payable, excluding the stamp duty paid. (Minimum Rs. Five)

(21) To be certified as a true copy of the original by a Government officer. (Except for court fees payable under any other statute for the time being in force relating to court fees) :

(i) Where the original document is a document on which no stamp duty is payable, or where the stamp duty payable on the original document does not exceed one rupee;

Ten Rupees (Rs. 20 in respect of Telangana)

(ii) In other cases

Exemptions (without payment of stamp duty):

Twenty rupees (50 rupees in respect of Telangana)

(a) Cases in which a copy of a document or paper is required by a Government officer to be sent to another Government office for reference by law;

(b) obtaining a copy or duplicate from the registers of births, deaths, cremations (including burials), baptisms, namings, dedications, marriages, marriages;

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Karadipika

Article serial no

Document details

Stamp duty payable

(22) Counter part or duplicate: Any document which is a document liable to pay stamp duty and is a copy or counter part of a document on which full stamp duty has been paid as such:

(a) Cases where the stamp duty payable on the original document is one rupee or less;

(b) In other cases

Same as stamp duty paid on original document (Rs. 50 for Telangana)

Twenty rupees (50 rupees in respect of Telangana)

(23) Customs Bond :

(a) When the value of money does not exceed one thousand rupees

For that sum as payable under the Batamary Bond (Article 14).

(b) In other cases

Thirty rupees

(24) Delivery order in respect of certain goods : Certain

Goods may be secured at any port, warehouse. (On rent or rent basis). A written document authorizing a person to deliver goods. In cases where the goods are sold or transferred, on the deed of delivery as above (the value of the goods should exceed twenty rupees). The goods should be signed by the owner.

10 rupees (20 rupees for Telangana)

(25) Divorce

Five rupees (50 rupees for Telangana)

(26) Registration as an advocate To register as an advocate with the Bar Council of Andhra Pradesh in accordance with the Advocates Act:

250 rupees, or 125 rupees if previously registered as an attorney of any High Court. (Rs. 500 in respect of Telangana or Rs. 250 if previously registered as any High Court Attorney)

Exemption (without payment of stamp duty):

A person who was previously registered as a lawyer in the Andhra Pradesh High Court, or an advocate in any other High Court, or a person who was registered as a tax collector, has been registered as an advocate in the Andhra Pradesh Bar Council.

Two rupees fifty paise

Schedule – 10

91

serial number

Document details

Stamp duty payable

(27)

Document regarding exchange of property:

Sale etc. documents 6 (deed of conveyance Article 20) 16 Equivalent consideration, or on the highest value specified in the said document

(28) Further charge: i.e. a written document creating an additional charge on the mortgaged property:

(a) Cases where first mortgage falls within clause (a) of Article 40 (i.e. possessory mortgage)

Similar to other documents of sale (deed of conveyance - article 20) on equitable consideration

(b) Cases in which first mortgage falls within clause (b) of Article 40 (i.e. without possession) :

(1) To state in the document that the property has been acquired, or that the property has been agreed to be acquired, in the case of writing a document allowing for an additional charge.

Conveyance deed - article 20 on consideration equal to the amount charged. It means stamp duty on the sum of the initial mortgage amount plus the additional charge amount, minus the stamp duty paid on the initial mortgage, if any already charged, on that amount.

(ii) If not acquired

Stamp duty on the amount of excess charge as prescribed in Bathory Bonds (Article-14),

(29)

Gift : (Other than Settlement, (Article 49) or Will, or Transfer (Article 53))

A consideration equal to the value of the property in the gift deed is the same as payment on a conveyance deed (Article 20). In the same manner that stamp duty is payable on a security bond (Article 48).

(30) Indemnity bond:

(

31) 5 (lease) including under lease, sub-lease and agreement to let or sub-let:

(a) In cases of non-payment of premium, non-delivery even though lease or rent has been fixed

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Karadipika

Article serial no

Document details

(i) in cases where the period of lease is less than one year,

(ii) In cases where the period of lease is more than one year, subject to a maximum of less than three years

(iii) Term of lease exceeding five years, up to ten years.

(iv) Tenure of lease exceeding 10 years, up to 20 years

(v) Tenure of lease exceeding 20 years, up to 30 years

(vi) (a) Cases where the term of the lease is more than 30 years, or for a longer period, or for which there is no fixed term;

(b) when lease is granted under penalty, or under premium, or under money advanced (cases where no rent is reserved);

Stamp duty payable

Up to the first thousand rupees, two rupees on every hundred rupees. Ten rupees for every five hundred rupees (on the amount payable or delivered under the contract) from exceeding one thousand rupees.

Up to the first thousand rupees, two rupees for every one hundred rupees, ten rupees for every five hundred rupees after exceeding one thousand rupees (average annual rent reserved

One-and-a-half times the average annual rent or rent of this property, or five per cent on the market value equivalent to that amount.

Three times the reserved annual rent or rent, or five per cent on the market value of the sum equivalent

Three times the reserved annual rent or rent, or five per cent on the market value of the sum equivalent

Ten times the reserved annual average rent or rent or its market equivalent. Five percent on value. (on the amount whichever is higher)

Penalty specified in the lease deed, or five per cent on the amount given as premium or advance, or five per cent on the market value of the property (whichever is higher)

Schedule – 10

93

Article serial no

Document details

Stamp duty payable

(c) when rent is granted under penalty, or under premium, or under money advanced (in addition to reserved rent);

Five per cent on the amount given as penalty or premium or advance or five per cent on the market value of the property specified in the lease deed. (on the amount whichever is higher) In addition to this amount, the stamp duty payable on the lease in case of non-payment or non-delivery of any penalty, premium or advance shall also be payable. However, a tenancy agreement may be written paying the stamp duty payable on the tenancy. Subsequently, if a lease deed is executed in accordance with that agreement, the stamp duty payable on that deed shall not exceed one hundred rupees.

Exemptions (without payment of stamp duty):

For an agriculturist, a lease deed may be written for the sole purpose of agriculture. (including the lease of trees for the production of food and drink), where the lease is granted for a fixed period not exceeding one year, and in cases where the penalty or premium is not paid or delivered, or where the reserved annual rental value does not exceed one thousand rupees, on such lease deeds No stamp duty is required to be paid.

Explanation : If the lessee does not agree to pay the taxes, duties etc. payable by the lessee, all such sums shall be treated as part of the rent.

(32)

Document for allotment of shares Any 30 paise (in respect of Telangana of the company or the shares of the company not to be formed, or two rupees each) in respect of the loan to be taken by the company.

(83)

License relating to estate or estate.

(a) cases where the license is granted on the basis of rent or fee (by whatever other name called),

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Karadipika

Article serial no

Document details

(i) Duration of license is less than one year.

(ii) in cases where the term of the license is more than one year, subject to a maximum of 5 years,

(iii) Cases where the term of the license is more than five years, subject to a maximum of ten years.

(b) Cases where license is issued on some specified amount.

(licence is granted for a lumpsum amount advanced and where no rent or fee, or by what ever name it is called is reserved)

(c) license on some specified sum in addition to rent or fee. (Where the license is granted for a lumpsum amount advanced in addition to rent or fee or by whatever name it is called is reserved)

(34) Memorandum of association of a company:

(a) When Articles of Association are also annexed under Section 87 of the Indian Companies Act, 2013;

(b) Cases where Articles of Association are not attached as above.

Stamp duty payable

Two rupees for every one hundred rupees up to the first thousand rupees of the amount payable or delivered under the said licence. 10 rupees on every 500 rupees from Rs.1000 onwards.

Two rupees for every one hundred rupees up to the first thousand rupees of the average annual rent or fee amount and ten rupees for every five hundred rupees thereafter.

Five per cent on one and a half times the average annual rent, or fee.

Five percent on the amount paid under the licence.

Amount paid under licence, and five per cent on amount paid under rent, or fee.

Five hundred rupees.

Share capital of the Company as paid up under Article-11.

(35

) Mortgage Deed - (Deposit of Title Deeds, Pawn or Pledge (Article-7), Bottomry Bond (Article-14), Crop (Crop) Mortgage - Article-36), Responsiveness Bond (Article-47), Security Bond (Article - 48) except).

Schedule – 10

95

Article serial no

Document details

Stamp duty payable

(a) The mortgagor takes possession of, or agrees to take possession of, the mortgaged property.

In the same manner that stamp duty is payable under a conveyance deed (Article 20) on consideration equal to the amount received by the mortgagee,

(b) Cases where the mortgaged property is not in possession of the mortgagor

In the same manner that stamp duty is payable under the Botamary bond (Article 14) on the amount obtained by the mortgage,

Explanation: If the mortgagor has given a power of attorney to the mortgagor to collect rent or rent from the mortgaged property, the said property shall be deemed to be in possession of the mortgagor for the purposes of this article.

In the same manner that stamp duty is payable under the Botamary Bond (Article-14) on the amount secured by the mortgage,

(c) in cases where additional security has been given in addition to, in addition to, or as an alternative or auxiliary to, or as collateral to, the mortgage referred to above;

When not exceeding one thousand rupees

Exemptions (without payment of stamp duty) for every thousand rupees after exceeding one thousand rupees :

Under the Agriculturists' Credit Act, 1884, or documents relating to securities given as security for such loans.

Three rupees

Three rupees

(36

) Mortgage deed on crops i.e. written contracts agreeing to pay a debt with the proceeds of the mortgaged crops (whether or not there is a crop at the time of mortgage) :

(a) When the agreement is written to settle the debt within three months from the date of writing of the document

When the loan does not exceed two hundred rupees

Forty paise (one rupee in respect of Telangana)

After exceeding two hundred rupees, for every two hundred rupees

Forty paisa (Rupees ten in respect of Telangana)

(b) when the agreement is written to settle the debt within eight months, exceeding three months from the date of writing of the document;

When the loan does not exceed hundreds of rupees

60 paise (one rupee for Telangana)

- After exceeding one hundred rupees, for every hundred rupees

60 paise (ten rupees for Telangana)

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Karadipika

Article serial no

Document details

Stamp duty payable

(37)

A notary or a person lawfully acting as a notary for rendering services as a notary, making or signing any document as part of his duties as part of his duties is to endorse, note, attest etc.

Three rupees fifty paise (Rupees ten in respect of Telangana)

(38) Note or memorandum— A broker or representative informing the employer of purchases made on behalf of the employer.

(a) When the value of goods purchased does not exceed twenty rupees

(b) when the value of stock or marketable securities purchased exceeds twenty rupees

One Rupee (Rupees Five in respect of Telangana)

Fifty paise for every ten thousand rupees (maximum Rs. 50)

(In respect of Telangana one hundred rupees, no minimum or maximum.

(

39) Note of protest by owner of a vessel

Two rupees (20 rupees in respect of Telangana)

(40) Deed of partition (as defined in clause (15) of section (2)).

Same as payment of stamp duty under bond (Article-14) on value of separated share or shares.

Note : When the largest share (or) is divided into two or more shares after the allotment and all the shares are of equal value, the value of one share shall be the reserved share. At the same time

(a) A contract may be entered into in respect of part delivery. After that a deed of partition may have been written accordingly. In such cases, apart from the stamp duty paid on the partnership deed, the remaining stamp duty is on the partnership deed.

Schedule – 10

97

Article serial no

Document details

Stamp duty payable

payable (but the said stamp duty shall not be less than 50 paise)

(b) Where any land is acquired by revenue settlement for a period not exceeding 30 years (the assessment charge shall have been fully paid), stamp duty shall be assessed not exceeding twenty-five times the annual revenue.

(c) any revenue authority, or civil jurisdiction, or arbitrator may have passed an order directing partial distribution. Stamp duty required for delivery of part may be paid on said order. Subsequently, when a deed of partition is executed in pursuance of the said order, stamp duty not exceeding five rupees shall be payable on the said deed.

(46)

Partnership Deed:

(A) Partnership Deed

(1) When the value of partnership investment does not exceed 5,000 rupees

(ii) In other cases

(B) Reorganization of partnership firm :

(a) Any immovable property may be contributed by a partner as his share in the partnership firm. In cases of reorganization of the partnership firm as the partner withdraws from the firm along with his share.

(b) In other cases

(C) Dissolution of partnership firm :

(a) Cases where property belonging to a partner, or partners, is distributed, or assigned or given away to the remaining partners when the partnership is formed.

One hundred rupees is five hundred rupees

Five percent on the market value of the immovable property left with the company

Five hundred rupees

Five per centum on the market value of the assets so distributed or assigned to the remaining partner, or partners, and stamp duty payable on dissolution of the partnership in cases so distributed or assigned, or not given.

Five hundred rupees

(b) In other cases

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Karadipika

Article serial no

Document details

Stamp duty payable

(42)

Power of Attorney: (as defined in clause (21) of section (2) excluding proxy):

(a) a written power of attorney for the registration of one or more documents in respect of a single transaction, or for accepting such documents as written,

Ten rupees

(b) a written power of attorney authorizing one or more persons to carry out only one transaction, except as referred to in clause (a);

One hundred rupees

(c) written power of attorney authorizing not less than five persons (either separately or jointly) to carry out more than one transaction, or all affairs (generally);

One hundred rupees

(d) written power of attorney authorizing (either separately or jointly) more than five persons (not exceeding ten persons) to carry out more than one transaction, or all affairs (generally);

One hundred rupees.

(e) a power of attorney granted in consideration, and a written power of attorney authorizing the sale of any immovable property;

One thousand rupees

(f) Power of Attorney in other cases

One hundred rupees.

(g) any immovable property granted for the purpose of construction, or development, or investment.

One thousand rupees

Note: Registration means all activities incidental to registration under the Registration Act.

Explanation: For the purposes of this article several persons in one form shall be treated as one person.

(43) Protested bill, or promissory note :

(Written declaration by a notary public or person acting as such that a bill of exchange, or promissory note has been rejected).

Five rupees (ten rupees in respect of Telangana)

(44) Cases where the master of a ship has protested :

(i.e. a detailed declaration by the master to enable the adjustment or average of the losses in respect of each voyage to be calculated on the occasion of each voyage. Such declaration should be attested by a notary public).

Five rupees (ten rupees in respect of Telangana)

Schedule – 10 99

Article serial no

Document details

Stamp duty payable

(45) Reconveyance of mortgaged property :

(a) In cases where the consideration in respect of the mortgaged property does not exceed one thousand rupees

Same as stamp duty paid on conveyance deed on consideration mentioned in re-conveyance (-23)

(b) In other cases

Ten rupees

(46) Deed of release (release deed) -

(A) Relinquishment by another person of his right to claim in respect of, or against, certain property (except in deeds of redemption under Article-23(a)) :

(a) in cases where the amount of the claim, or the value of the claim does not exceed one thousand rupees;

(b) In other cases

Three rupees per hundred rupees on the consideration specified in the redemption deed or three rupees per hundred rupees on the market value of the property surrendered. (Whichever is more).

Up to the first one thousand rupees as mentioned in clause (a), then fifteen rupees every five years thereafter. (on the consideration in the redemption deed) or on the market value of the relinquished property (whichever is higher).

(B) Assertion of benami right.

(on a consideration equal to the value specified in the redemption deed) in the manner that stamp duty is paid under the conveyance deed (Article-20)

(C) Waiver of Right of Redemption on Possessory Mortgage. (of the rights to obtain re-conveyance of property already conveyed)

Stamp duty under conveyance deed (Article-20) in consideration mentioned in redemption deed

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Thursday, 3 October 2024

The Indian Stamp Act 1988 PART 7 80

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Stamp duty payable

A lease agreement may be written. Subsequently, if a lease deed is written in accordance with that agreement, the stamp duty payable on the deed shall not exceed 50 paise.

Exceptions (without payment of stamp duty):

(a) To an agriculturist, a lease deed may be written solely for the purpose of agriculture. (including the lease of trees for the production of food and drink) where the lease is granted for a fixed period not exceeding one year and no fine or premium is paid or delivered, or where the reserved annual rental value does not exceed one hundred rupees, any such lease deed Need to pay stamp duty.

(b) Deleted.

(36) Document relating to allotment of shares - in respect of shares in any company, or of a company not to be formed, or of a loan to be taken by the said company.

12 paise

(37) Letter of Credit - A document given by one person to another person asking him to lend money to a person he proposes or says.

One rupee

(38) Letter of license is an agreement entered into between the debtor and the creditors. (Following the agreement, the lenders agree not to take any action against the borrower for a certain period of time. During that period the borrower is free to do business).

Ten rupees

(39) Memorandum of association of a company:

(a) When Articles of Association are also annexed under Section 37 of the Indian Companies Act, 2013;

(b) Cases where Articles of Association are not attached as above.

Exemption (without payment of stamp duty):

Memorandum of Association of a not-for-profit company registered under the Indian Companies Act, 2013;

Fifteen rupees

40 rupees

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Stamp duty payable

(40) Mortgage Deed - (Deposit of Title Deeds, Pawn or Pledge (Article-6), Bottomry Bond (Article-16), Culinary (Crop) Mortgage - Article-41), Resfodentia Bond (Article-56), Security Bond (except Article-57).

(a) Mortgagor taking possession of, or agreeing to take possession of, the mortgaged property.

(b) Cases where the mortgaged property is not in possession of the mortgagor

Explanation: If the mortgagor has given a power of attorney to the mortgagor to collect the rent or rent arising from the mortgaged property, the said property shall be deemed to be in possession of the mortgagor for the purposes of this article.

In cases where an additional guarantee is given in addition to, in addition to, or as an alternative or auxiliary or collateral to the mortgage referred to above, such additional security

When not exceeding one thousand rupees

Exemptions (without paying stamp duty) for every thousand rupees after exceeding one thousand rupees :

(a) under the Land Development Loans Act, 1883, or the Agricultural Borrowers' Loans Act, 1884, or in respect of securities given as security for such loans;

(b) A deed of hypodication attached to a bill of exchange

(c) Deleted.

(41) Deeds of mortgage on crops i.e. written contracts agreeing to pay a debt with the proceeds of the mortgaged crops (whether or not there is a crop at the time of mortgage) are also covered by this article:

(a) when the agreement is written to settle the debt within three months from the date of writing of the document and the debt does not exceed two hundred rupees;

After exceeding two hundred rupees, for every two hundred rupees

For the amount obtained by way of mortgage. In the same manner that stamp duty is payable under conveyance deed (Article-23) on equitable consideration.

In the same manner that stamp duty is payable under the bond (Article-15) on the amount secured by the mortgage.

Fifty paise is fifty paise

Six paise

Six paise

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Stamp duty payable

(b) when the agreement is written to settle the debt within eight months, exceeding three months from the date of writing of the document;

When the loan does not exceed hundreds of rupees

-After exceeding one hundred rupees, for every hundred rupees

(42) A notary or a person lawfully acting as a notary, for rendering services as a notary, makes or signs any document as part of his duties, endorses, notes, attests etc.

(43) Note or memorandum by a broker or agent informing the employer of purchases made on behalf of the employer.

(a) When the value of goods purchased does not exceed twenty rupees

(b) when the value of the star or marketable securities purchased exceeds twenty rupees

(44) Note of protest by owner of a vessel

(45) Partition deed (as defined in block (15) of section (2));

12 paise

12 paise

One rupee

12 paise

Six paise for every ten thousand rupees (maximum ten thousand rupees)

40 paise

| Same as payment of stamp duty under bond (Article 15) on value of separated share or shares.

| Note : After the distribution of the share, the largest share (or) of all the shares can be divided into two or more shares When distributed and all the shares are of equal value, the value of one share is the preferred share.

At the same time

(a) A contract may be entered into in respect of part delivery. Thereafter a partition deed may have been written accordingly. In such cases, apart from the stamp duty paid on the partnership deed, the remaining stamp duty is on the partnership deed.

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(Provided that the said stamp duty shall not be less than 50 paise)

(b) Where any land is acquired by way of revenue settlement for a period not exceeding 30 years (the assessment charge being fully paid), stamp duty shall be assessed not exceeding five times the annual revenue.

(c) any revenue authority, or civil judicial authority, or arbitrator may have passed an order directing partial distribution. The stamp duty required for delivery of the part may have been paid on the said order. Subsequently, when a deed of partition is written in pursuance of the said order, stamp duty not exceeding fifty paise shall be payable on the said deed.

(46) Partnership Deed :

(A) Partnership Deed

(a) When the value of partnership investment does not exceed Rs.500

(b) In other cases

(B) Cancellation of Pawn or Pledge

Insurance policy

Two rupees fifty paise

Ten rupees is five rupees

(47)

(A) Voyage Insurance (pursuant to section (7) of the Indian Stamp Act) for every voyage)

(1) for or upon any voyage

(i) When the premium or consideration does not exceed the rate of 1/8 per cent of the sum insured

If the policy is drawn singly, five paise if drawn in duplicate part of the policy.

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(ii) In remaining cases

(Insurance Policy Fifteen Hundred Rupees or part thereof

(2) For time

(iii) In cases where the term of insurance does not exceed six months for every thousand rupees of the insurance policy or part thereof;

When the insurance period is more than six months and not more than 12 months

(B) All other types of insurance (all not specifically mentioned in this article) in respect of goods, crops, personal effects, commercial losses of all kinds, fire, etc.

(1) In case of original policy (when the policy is taken publicly)

(i) When the sum insured does not exceed five thousand rupees

(ii) in other cases (and)

(2) On every occasion on which the policy of insurance is extended (on every occasion on which the premium is paid)

(C) Insurance against accidents and health problems:

(a) Insurance against railway accidents (limited to one journey) (No stamp duty payable on policies issued to passengers traveling in intermediate or third class)

(b) in all other cases (when the sum insured does not exceed one thousand rupees for one journey, or one sickness, and for every one thousand rupees when the sum insured exceeds one thousand rupees,

Stamp duty payable

If the policy is taken single

Five paise

Take the duplicate part of the policy

If there is five paise

If the policy is taken single

Ten paise

Duplicate part of policy

Five paise if taken

If the policy is taken single

Ten paise

Duplicate part of policy

Five paise if taken

25 paise

50 paise

Primarily half of the stamp duty paid on taking out the insurance, and stamp duty payable on the excess amount under Article 53.

Five paise

Ten paise

(However, in the event of death due to an accident, the insurance pays out in the case of the policy

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Stamp duty payable

If the premium does not exceed Rs.2.50 paise per thousand rupees, stamp duty of five paise per thousand rupees shall be payable on the maximum amount payable under the insurance policy concerned.

Five paise

(cc) on every one hundred rupees of premium in the case of an insurance policy covering compensation payable to workmen under the Workmen's Compensation Act, 1923;

(d) life insurance, or group insurance, or unspecified insurance policies (excluding re-insurance referred to under clause (e) of this article) :

(1) In cases where Sum Assured does not exceed Rs.250/-s

(ii) In cases where Sum Assured exceeds Rs.250/-, not exceeding Rs.500/-

10 paise if policy is taken single and 5 paise per part when policy is taken in duplicate

10 paise if the policy is taken single and 5 paise for each part when the policy is taken in duplicate

(iii) Sum Assured exceeding Rs.500/- up to one thousand rupees, and for every thousand rupees beyond one thousand rupees

Twenty paise if the policy is taken single and ten paise for each part when the policy is taken in duplicate

Note: A group insurance policy may be extended. Or it may be modified in some other way. The Sum Assured, which is extended or revised in that order, may be higher than the Sum Assured earlier. In such cases, additional stamp duty is payable on the sum assured thereby increased.

Exemption (without payment of stamp duty):

Pursuant to the Postal Life Insurance Rules under the authority of the Central Government, stamp duty is not levied on life insurance policies issued by the Director General of Post Offices.

(E) Cases where a policy of insurance issued by one insurance company is reinsured by another company under clauses (a) or (b) of this article;

One-fourth of the stamp duty paid under the first policy. (Minimum five paisa, maximum not exceeding fifty paisa).

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Stamp duty payable

Exception (without payment of stamp duty):

Covering letter or engagement for issue of insurance policy. (However, if the said letter of engagement does not bear the stamp prescribed by this Act in respect of the said policy, no claim under that policy shall exist or be availed of in any way (except to demand delivery of the policy referred to in the letter).

(48) Power of attorney: as defined in clause (21) of section (2) (except by proxy in Article 52):

(a) A written power of attorney for the registration of one or more documents in respect of a single transaction, or for the purpose of accepting such documents as written.

(b) written power of attorney in respect of a suit or proceeding under the Presidency Small Claims Court Act, 1882;

(c) a written power of attorney authorizing one or more persons to carry out only one transaction, except as referred to in clause (a);

(d) written power of attorney authorizing not less than five persons (either separately or jointly) to carry out more than one transaction, or all affairs (generally).

(e) written power of attorney authorizing more than five persons (not exceeding ten persons) to carry out more than one transaction, or all affairs (generally) (either separately or jointly);

(f) a power of attorney granted in consideration, and a written power of attorney authorizing the sale of any immovable property.

(g) Power of Attorney in other cases

Note: Registration means all activities incidental to registration under the Registration Act.

Explanation: For the purposes of this article several persons in one form shall be treated as one person.

50 paise

50 paise

One rupee

Five rupees

Ten rupees

on the consideration paid, as payable on the conveyance deed referred to in Article 23

One rupee per authorized person.

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Stamp duty payable

(49)

Promissory note (as defined in clause (22) of section (2)):

(a) A promissory note drawn up payable on demand:

(i) the amount mentioned in the note, or the value Rs. 250/- not exceeding s

Five paise

(ii) when the amount or value exceeds Rs.250/- and does not exceed one thousand rupees;

Ten paise

(iii) in other cases

Fifteen paise

(b) other forms of promissory notes, other than promissory notes drawn up payable on demand;

One-fifth of stamp duty payable on bill of exchange (Article 13)

(50) Protested bill, or promissory note : (Written declaration by a notary public or person acting as such that a bill of exchange, or promissory note has been rejected).

One rupee

(51)

Cases where the master of a ship has protested :

One rupee

(i.e. a detailed declaration by the master in respect of each voyage, such declaration to be attested by a notary public to enable the adjustment or average of the losses in respect of that vessel).

(52)

that is to say, in connection with the election of a district board, or a local board, or a body of municipal commissioners, a person empowers another person to vote on his behalf, or a person to vote on his behalf at any meeting of the members of an incorporated company, or any other body corporate, on the occasion of any election. Transfer of power, etc.

Fifteen paise

(53)

Receipt (as defined in sub-section (23) of section (2) in respect of a sum exceeding five thousand rupees or any other property of value

One rupee

Exemption (without payment of stamp duty):

No stamp duty is payable on receipts mentioned below.

(a) A receipt mentioned in, or endorsed on, a document on which stamp duty has been sufficiently paid. Receipt mentioned in, or endorsed on, documents exempted by Probicho under section (3).

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Stamp duty payable

A written receipt endorsing the receipt of the consideration mentioned in a bill of exchange or promissory note drawn to be payable immediately upon demand. or a receipt given by them for principal, or annual remuneration or payments made at fixed periods.

(b) Receipt for payment of money without consideration.

(c) a receipt issued by an agriculturist for payment of rent to Government in respect of land, or a receipt for land rent paid by an agriculturist to Government in the States of Madras, Bombay and Andhra before 1-11-1956 in respect of enam lands.

(d) Receipts in respect of wages and allowances paid to soldiers, sailors, air force personnel, non-commissioned or petty officers and mounted police constables of the Indian Infantry, Naval Forces, Air Force.

(e) Receipts given by family certificate holders in respect of soldiers etc. referred to in clause (d).

(f) Receipts issued in respect of pension and other allowances paid to soldiers etc. referred to in clause (d).

(g) Receipts given by the village headman or lambardar in respect of the land survey or taxes collected by him.

(h) Receipts given in respect of money or securities deposited with a banker.

However, this exemption does not apply to debentures (marketable security), allotment of shares, receipts for acknowledgment of money paid or deposited belonging to any incorporated company or any other body corporate.

(54) Reconveyance of mortgaged property :

(a) In cases where the consideration in respect of the mortgaged property does not exceed one thousand rupees

(b) In other cases

(55) Release deed means the relinquishment by another person of his right to claim in respect of, or against, a particular property (except for release deeds under Article-28(a)):

Same as stamp duty paid on conveyance deed on consideration mentioned in re-conveyance (1-23)

Ten rupees

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Stamp duty payable

(a) in cases where the amount of the claim, or the value of the claim does not exceed one thousand rupees;

Similar to stamp duty payable on bond in cases where the amount or value mentioned in the redemption deed does not exceed one thousand rupees (Article-15)

(b) In other cases

Five rupees

(56) Responsibility bond means securing a loan against goods carried in a ship. (On condition of repayment of said loan when the ship reaches its destination):

Same as stamp duty paid on bond (Article 15) on amount borrowed.

(57) A security bond or mortgage deed given as security in respect of an office, or as security for any money, or as security for the performance of a contract :

(a) When the sum assured does not exceed one thousand rupees

Five rupees as per stamp duty payable under Bandhu on the sum assured

(b) In other cases

Exemptions (without payment of stamp duty):

(a) a bond or other deed as security for the performance of duties to be performed under the River Act by an officer appointed under section 99 of the Bengal Irrigation Act, 1876;

(b) a security bond given by a person for a charitable dispensary, or hospital, or any other charitable work, stating that the monthly income from private subscriptions is less than a specified amount.

(c) the security, bond given under rule 3 (a) of the rules made by the State Government under section of the Bombay Irrigation Act, 1879;

(d) a security bond given by persons who have received advances under the Land Development Loans Act, 1883, or the Agricultural Loans Act, 1884, or their guarantors, in respect of the repayment of such advances.

(e) a security bond given by public servants or their guarantors in respect of money or goods received in connection with the proper performance of their office duties, or as part of the performance of their office duties.

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