Tamil nadu act 027 of 1973 : Indian Stamp (Tamil Nadu Amendment) Act, 1973

Preamble

Indian Stamp (Tamil Nadu Amendment) Act, 1973*

[Tamil Nadu Act No. 27 of 1973]1[7th September, 1973]

An Act further to amend the Indian Stamp Act, 1899, in its application to the State of Tamil Nadu.

Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-fourth Year of the Republic of India as follows:-

1 For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 3rd August, 1973, Part IV-Section 3, Pages 209-210.

* Received the assent of the Governor on the 7th September, 1973, first published in the Tamil Nadu Government Gazette Extraordinary on the 7th September, 1973 (Avani 23, Piramathisa (2004-Tirvalluuvar Andu))

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp (Tamil Nadu Amendment) Act, 1973.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall be deemed to have come into force on the 1st July, 1973.

Section 2. Amendment of section 3, Central Act II of 1899

2. Amendment of section 3, Central Act II of 1899.- In section 3 of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), after the second proviso, the following proviso shall be inserted, namely:-

"Provided also that any increase in the amount of duty chargeable under the Indian Stamp (Tamil Nadu Amendment) Act, 1973, shall not have the effect of increasing the duty payable in respect of instruments specified in clause (a) or clause (c) of this section and executed before the 1st July, 1973."

Section 3. Amendment of Schedule I, Central Act II of 1899

3. Amendment of Schedule I, Central Act II of 1899.- In Schedule I to the principal Act, for Article 23, the following Article shall be substituted, namely:-

2["23. CONVEYANCE [as defined by section 2(10)], not being a TRANSFER charged or exempted under No. 62-
(a) of immovable property situated within the Cities of Madras and Madurai and Municipal towns of Coimbatore, Salem and Tiruchirappalli. Eight rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of conveyance;
(b) of any other property. Six rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of conveyance.

Explanation.-In the case of an instrument chargeable with the same duty as a conveyance under this Schedule, such instrument shall be charged with duty,-

(a) at the rate specified in clause (a) of this Article, if such instrument relates to immovable property situated within the Cities of Madras and Madurai and Municipal towns of Coimbatore, Salem and Tiruchirappalli; and

(b) at the rate specified in clause (b) of this Article, if such instrument relates to any other property.

Exemption.-Assignment of copyright under the Copyright Act, 1957 (Central Act 14 of 1957), section 18".]

2 Article 23 in Schedule I to the Central Act II of 1899 as amended by Tamil Nadu Act 27 of 1973 stood as follows:-

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

where the market value of the property which is the subject matter of conveyance does not exceed Rs. 50;

Two rupees fifty paise.

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

Five rupees.

where it exceeds Rs. 100 but does not exceed Rs. 200;

Ten rupees.

where it exceeds Rs. 200 but does not exceed Rs. 300;

Fifteen rupees.

where it exceeds Rs. 300 but does not exceed Rs. 400;

Twenty rupee.

where it exceeds Rs. 400 but does not exceed Rs. 500;

Twenty-five rupees.

where it exceeds Rs. 500 but does not exceed Rs. 600;

Thirty rupees.

where it exceeds Rs. 600 but does not exceed Rs. 700;

Thirty-five rupees.

where it exceeds Rs. 700 but does not exceed Rs. 800;

Forty rupees.

where it exceeds Rs. 800 but does not exceed Rs. 900;

Forty-five rupees.

where it exceeds Rs. 900 but does not exceed Rs. 1,000;

Fifty rupees.

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

Twenty-five rupees.

Exemption.

Assignment of copyright under the Copyright Act, 1957 (Central Act 14 of 1957), section 18."

For the said Article 23, the following Article was again substituted by section 6(v) of the Indian Stamp (Tamil Nadu Amendment) Act, 1975 (Tamil Nadu Act 24 of 1975):-

"23. CONVEYANCE [as defined by section 2(10)], not being a TRANSFER charged or exempted under No. 62-

where the market value of the property which is the subject matter of conveyance does not exceed Rs. 50;

Three rupees.

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

Six rupees.

where it exceeds Rs. 100, but does not exceed Rs. 200;

Twelve rupees.

where it exceeds Rs. 200, but does not exceed Rs. 300;

Eighteen rupees.

where it exceeds Rs. 300, but does not exceed Rs. 400;

Twenty-five rupees.

where it exceeds Rs. 400, but does not exceed Rs. 500;

Thirty rupees.

where it exceeds Rs. 500, but does not exceed Rs. 600;

Thirty-five rupees.

where it exceeds Rs. 600, but does not exceed Rs. 700;

Forty rupees.

where it exceeds Rs. 700, but does not exceed Rs. 800;

Forty-five rupees.

where it exceeds Rs. 800, but does not exceed Rs. 900;

Fifty rupees.

where it exceeds Rs. 900, but does not exceed Rs. 1,000;

Fifty-five rupees.

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

Thirty rupees.

Exemption.

Assignment of copyright under the Copyright Act, 1957 (Central Act 14 of 1957), section 18."

For the said Article 23, the present Article was substituted by section 3(ii) of the Indian Stamp (Tamil Nadu Second Amendment) Act, 1975 (Tamil Nadu Act 40 of 1975).

Section 4

4. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Stamp (Increase of Duties) Act, 1962 (Tamil Nadu Act 8 of 1962).]

Section 5. [Repeal]

5. [Repeal].- *[* * *]

* The Indian Stamp (Tamil Nadu Amendment) Ordinance, 1973 (Tamil Nadu Ordinance 3 of 1973), is hereby repealed.

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