|
(b) if such loan or debt is repayable not more than three months from the date of such instrument.
|
Half the duty payable on a loan or debt under clause (a) (i) or clause (a) (ii) for the amount secured.
|
|
Exemption.-Instrument of pawn or pledge of goods, if unattested.
| |
|
7. APPOINTMENT IN EXECUTION OF A POWER, whether of trustees or of property, movable or immovable, where made by any writing not being a will.
|
Sixty rupees.
|
|
8. APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit-
| |
|
(a) where the amount does not exceed Rs. 1,000.
|
The same duty as a Bottomry Bond (No. 16) for such amount.
|
|
(b) in any other case ..
|
Twenty-five rupees.
|
|
Exemptions.
| |
|
(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
| |
|
(b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.
| |
|
9. APPRENTICESHIP DEED, including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any profession, trade or employment.
|
Twelve rupees.
|
|
Exemption.
| |
|
Instruments of apprenticeship by which a person is apprenticed by, or at the charge of, any public charity.
| |
|
10. ARTICLES OF ASSOCIATION OF A COMPANY.
|
One hundred and fifty rupees."
|
|
Exemption.
| |
|
Articles of any association not formed for profit and registered under the Companies Act, 1956 (Central Act 1 of 1956).
| |
|
(ii) entry 11 shall be omitted;
| |
|
(iii) for entry 12, the following entry shall be substituted, namely:-
|
|
"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 set forth in such award, does not exceed Rs. 1,000;
|
The same duty as a Bottomry Bond (No. 16) for such amount.
|
|
(b) if it exceeds Rs. 1,000, but does not exceed Rs. 5,000;
|
Thirty rupees.
|
|
and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000.
|
One rupee and fifty paise subject to a maximum of one hundred rupees.";
|
|
(iv) for entries 15 to 20-A, the following entries shall be substituted, namely:-
|
|
"15. BOND [as defined by section 2(5)] not being a DEBENTURE and not being otherwise provided for by this Act, or by the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)-
| |
|
where the amount or value secured does not exceed Rs. 10;
|
Fifty paise.
|
|
where it exceeds Rs. 10 and does not exceed Rs. 50;
|
One rupee.
|
|
where it exceeds Rs. 50 and does not exceed Rs. 100;
|
Two rupees.
|
|
where it exceeds Rs. 100 and does not exceed Rs. 200;
|
Four rupees.
|
|
where it exceeds Rs. 200 and does not exceed Rs. 300;
|
Six rupees.
|
|
where it exceeds Rs. 300 and does not exceed Rs. 400;
|
Eight rupees.
|
|
where it exceeds Rs. 400 and does not exceed Rs. 500;
|
Ten rupees.
|
|
where it exceeds Rs. 500 and does not exceed Rs. 600;
|
Fifteen rupees.
|
|
where it exceeds Rs. 600 and does not exceed Rs. 700;
|
Seventeen rupees.
|
|
where it exceeds Rs. 700 and does not exceed Rs. 800;
|
Twenty rupees.
|
|
where it exceeds Rs. 800 and does not exceed Rs. 900;
|
Twenty-two rupees and fifty-paise.
|
|
where it exceeds Rs. 900 and does not exceed Rs. 1,000;
|
Twenty-five rupees.
|
|
and for every Rs. 500 or part thereof in excess of Rs. 1,000.
|
Twelve rupees.
|
|
Exemption.
| |
|
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.
| |
|
16. 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-
| |
|
where the amount of value secured does not exceed Rs. 10;
|
One rupee.
|
|
where it exceeds Rs. 10 and does not exceed Rs. 50;
|
One rupee fifty paise.
|
|
where it exceeds Rs. 50 and does not exceed Rs. 100;
|
Two rupees fifty paise.
|
|
where it exceeds Rs. 100 and does not exceed Rs. 200;
|
Five rupees.
|
|
where it exceeds Rs. 200 and does not exceed Rs. 300;
|
Eight rupees.
|
|
where it exceeds Rs. 300 and does not exceed Rs. 400;
|
Ten rupees.
|
|
where it exceeds Rs. 400 and does not exceed Rs. 500;
|
Thirteen rupees.
|
|
where it exceeds Rs. 500 and does not exceed Rs. 600;
|
Fifteen rupees.
|
|
where it exceeds Rs. 600 and does not exceed Rs. 700;
|
Eighteen rupees.
|
|
where it exceeds Rs. 700 and does not exceed Rs. 800;
|
Twenty rupees.
|
|
where it exceeds Rs. 800 and does not exceed Rs. 900;
|
Twenty-three rupees.
|
|
where it exceeds Rs. 900 and does not exceed Rs. 1,000;
|
Twenty-five rupees.
|
|
and for every Rs. 500 or part thereof in excess of Rs. 1,000.
|
Thirteen rupees.
|
|
17. CANCELLATION.-Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.
|
Twenty-five rupees.
|
|
18. CERTIFICATE OF SALE.-(in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or other Revenue Officer-
| |
|
(a) where the purchase-money does not exceed Rs. 10;
|
One rupee.
|
|
(b) where the purchase-money exceeds Rs. 10 but does not exceed Rs. 25;
|
One rupee fifty paise.
|
|
1[(bb) where the purchase-money exceeds Rs. 25 but does not exceed Rs. 50;
|
Three rupees.]
|
|
(c) in any other case .. ..
|
The same duty as a Conveyance (No. 23) for a market value equal to the amount of the purchase-money only.
|
|
19. CERTIFICATE OR OTHER DOCUMENT, evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate or to become proprietor of shares, scrip or stock in or of any such company or body.
|
Thirty paise.
|
|
20. CHARTER-PARTY, that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the chatterer, whether it includes a penalty clause or not.
|
Five rupees.
|
|
20-A. CHIT AGREEMENT, that is an agreement relating to a chit as defined in clause (3) of section 2 of the Tamil Nadu Chit Funds Act, 1961 (Tamil Nadu Act 24 of 1961), if either such agreement is executed or the chit is conducted in the State of Tamil Nadu.
|
One rupee fifty paise.";
|
|
(v) for entries 22 to 26, the following entries shall be substituted, namely:-
|
|
"22. COMPOSITION - DEED, that is to say, any instrument executed by a debtor, whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors.
|
Thirty-five rupees.
|
|
1[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.]
| |
|
24. COPY OR EXTRACT, certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees-
| |
|
(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed one rupee;
|
Two rupees fifty paise.
|
|
(ii) in any other case. .. ..
|
Five 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.
| |
|
25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid-
| |
|
(a) if the duty with which the original instrument is chargeable does not exceed five rupees;
|
The same duty as is payable on the original.
|
|
(b) in any other case .. ..
|
Five rupees.
|
|
Exemption.
| |
|
Counterpart of any lease granted to a cultivator when such lease is exempted from duty.
| |
|
26. CUSTOMS BOND-
| |
|
(a) where the amount does not exceed Rs. 1,000;
|
The same duty as a Bottomry Bond (No. 16) for such amount.
|
|
(b) in any other case .. ..
|
Thirty rupees.";
|
|
(vi) for entries 28 and 29, the following entries shall be substituted, namely:-
|
|
"28. DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof to the delivery of any goods lying in any dock or port or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods, upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
|
Fifteen paise.
|
|
29. DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
|
Five rupees.";
|
|
(vii) in entry 35, in clause (c), in the proviso to the entry in the second column, for the words "one rupee fifty naye paise", the words "two rupees fifty paise" shall be substituted;
|
|
(viii) for entry 36, the following entry shall be substituted, namely:-
|
|
"36. LETTER OF ALLOTMENT OF SHARES in any company or proposed company, or in respect of any loan to be raised by any company or proposed company.
|
Thirty paise.";
|
|
(ix) for entries 38 to 44, the following entries shall be substituted, namely:-
|
|
"38. LETTER OF LICENCE, that is to say, any agreement between a debtor and his creditors that the latter shall for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.
|
Thirty-five rupees.
|
|
39. MEMORANDUM OF ASSOCIATION OF A COMPANY-
| |
|
(a) if accompanied by articles of association under the Companies Act, 1956 (Central Act I of 1956);
|
One hundred rupees.
|
|
(b) if not so accompanied. ..
|
Two hundred and fifty rupees.
|
|
Exemption.
| |
|
Memorandum of any association not formed for profit and registered under the Companies Act, 1956 (Central Act I of 1956).
| |
|
40. MORTGAGE DEED, not being an Agreement relating to Deposit of Title-deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 41), Respondentia Bond (No. 56) or Security Bond (No. 57)-
| |
|
(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given;
|
The same duty as a Conveyance (No. 23) for a market value equal to the amount secured by such deed.
|
|
(b) when possession is not given or agreed to be given as aforesaid;
|
The same duty as a Bottomry Bond (No. 16) for the amount secured by such deed.
|
|
Explanation-A mortgagor who gives or has given to the mortgagee a power-of-attorney to collect rents, or gives 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. 1,000;
|
Two rupees fifty paise.
|
|
and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000.
|
Two rupees fifty paise.
|
|
Exemptions.
| |
|
(1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (Central Act XIX of 1883) or the Agriculturists' Loans Act, 1884 (Central Act XII of 1884), or by their sureties as security for the repayment of such advances.
| |
|
(2) Letter of hypothecation accompanying a bill of exchange.
| |
|
41. MORTGAGE OF A CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage-
| |
|
(a) when the loan is repayable not more than three months from the date of the instrument-
| |
|
for every sum secured not exceeding Rs. 200;
|
Fifty paise.
|
|
and for every Rs. 200 or part thereof secured in excess of Rs. 200;
|
Fifty paise.
|
|
(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;
|
One rupee.
|
|
and for every Rs. 100 or part thereof secured in excess of Rs. 100.
|
One rupee.
|
|
42. NOTARIAL ACT, that is to say, any instrument, endorsement, note, attestation, certificate, or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.
|
Five rupees.
|
|
43. 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;
|
One rupee.
|
|
(b) of any stock or marketable security exceeding in value twenty rupees.
|
Subject to a maximum of fifty rupees, forty paise for every Rs. 10,000 or part thereof of the value of the stock or security.
|
|
44. NOTE OF PROTEST BY THE MASTER OF A SHIP-
|
Two rupees.";
|
|
(x) in entry 45, in clauses (a) and (c) of the proviso to the entry in the second column, for the words "one rupee fifty naye paise", the words "two rupees fifty paise" shall be substituted;
|
|
(xi) for entry 46, the following entry shall be substituted, namely:-
| |
|
"46. PARTNERSHIP-
| |
|
A. Instrument of-
| |
|
(a) where the capital of the partnership does not exceed Rs. 500;
|
Twenty rupees.
|
|
(b) in any other case .. ..
|
Sixty-five rupees.
|
|
B. Dissolution of .. .. ..
|
Thirty-five rupees.";
|
|
(xii) for entry 48, the following entry shall be substituted, namely:-
|
|
"48. 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 execution of one or more such documents;
|
One rupee fifty paise.
|
|
(b) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a);
|
Two rupees fifty paise
|
|
(c) when authorising not more than five persons to act jointly and severally in more than one transaction or generally;
|
Twenty rupees.
|
|
(d) when authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;
|
Thirty-five rupees.
|
|
(e) when given for consideration and authorising the attorney to sell any immovable property;
|
The same duty as a Conveyance (No. 23) for the market value equal to the amount of the consideration.
|
|
(f) in any other case. .. ..
|
Three rupees fifty paise for each person authorised.
|
|
N.B.-The term "registration" includes every operation incidental to registration under the Registration Act, 1908 (Central Act XVI of 1908).
|
|
Explanation.-For the purposes of this article, more persons than one when belonging to the same firm shall be deemed to be one person.";
| |
|
(xiii) for entries 50 and 51, the following entries shall be substituted, namely:-
|
|
"50. PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a bill of exchange or promissory note.
|
Three rupees.
|
|
51. PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the charterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.
|
Three rupees.";
|
|
(xiv) for entries 54 and 55, the following entries shall be substituted, namely:-
|
|
"54. RECONVEYANCE OF MORTGAGED PROPERTY-
| |
|
(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000;
|
The same duty as a Conveyance (No. 23) for a market value equal to the amount of such consideration as set forth in the reconveyance.
|
|
1[(b) in any other case-
| |
|
(i) if the reconveyance relates to immovable property situated within the Cities of Madras and Madurai and Municipal towns of Coimbatore, Salem and Tiruchirappalli;
|
Eighty rupees.
|
|
(ii) if the reconveyance relates to any other property.
|
Sixty rupees.]
|
|
55. RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person or against any specified property-
| |
|
(a) if the amount or value of the claim does not exceed Rs. 1,000;
|
The same duty as a Bottomry Bond (No. 16) for such amount or value as set forth in the release.
|
|
(b) in any other case. .. ..
|
Twenty-five rupees.";
|
|
(xv) for entries 57 and 58, the following entries shall be substituted, namely:-
|
|
"57. SECURITY BOND OR MORTGAGE DEED, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract-
| |
|
(a) when the amount secured, does not exceed Rs. 1,000;
|
The same duty as a Bottomry Bond (No. 16) for the amount secured.
|
|
(b) in any other case. .. ..
|
Twenty-five rupees.
|
|
Exemptions.
| |
|
Bond or other instrument, when executed-
| |
|
(a) 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;
| |
|
(b) executed by persons taking advances under the Land Improvement Loans Act, 1883 (Central Act XIX of 1883), or the Agriculturists' Loans Act, 1884 (Central Act XII of 1884), or by their sureties, as security for the repayment of such advances;
| |
|
(c) executed by officers of the Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.
| |
|
58. SETTLEMENT-
| |
|
(a) Instrument of (including a deed of dower).
|
The same duty as a Bottomry Bond (No. 16) for a sum equal to the amount or value of the property settled as set forth in such settlement:
|
|
Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed two rupees fifty paise.
|
|
Exemption.
| |
|
Deed of dower executed on the occasion of a marriage between Muhammadans.
| |
|
(b) Revocation of- .. ..
|
The same duty as a Bottomry Bond (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding fifty rupees.";
|
|
(xvi) for entries 60 and 61, the following entries shall be substituted, namely:-
|
|
"60. SHIPPING-Order for or relating to the conveyance of goods on board of any vessel.
|
Fifteen paise
|
|
61. SURRENDER OF LEASE-
| |
|
(a) when the duty with which the lease is chargeable does not exceed twenty-five rupees;
|
The duty with which such lease is chargeable.
|
|
(b) in any other case. .. ..
|
Twenty-five rupees.
|
|
Exemption.-
| |
|
Surrender of lease, when such lease is exempted from duty.";
| |
|
(xvii) in entry 62, for clauses (b), (c), (d) and (e), the following clauses shall be substituted, namely:-
|
|
"(b) of debentures being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8.
|
One rupee for every hundred rupees or part thereof for a consideration equal to the face a amount of the debenture.
|
|
(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 twenty-five rupees;
|
The duty with which such bond, mortgage deed or policy of insurance is chargeable.
|
|
(ii) in any other case…..
|
Twenty-five rupees.
|
|
(d) of any property under the Administrators-General Act, 1963 (Central Act 45 of 1963), section 22;
|
Thirty-five rupees.
|
|
(e) of any trust-property from one trustee to another trustee or from a trustee to a beneficiary.
|
Twenty rupees or such smaller amount as may be chargeable under clauses (b) and (c) of this article.";
|
|
(xviii) for entries 64 and 65, the following entries shall be substituted, namely:-
|
|
"64. TRUST-
| |
|
(a) DECLARATION OF-of, or concerning, any property when made by any writing not being a Will;
|
The same duty as a Bottomry Bond (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding sixty-seven rupees fifty paise.
|
|
(b) REVOCATION OF-of, or concerning, any property when made by any instrument other than a Will.
|
The same duty as a Bottomry Bond (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding forty-five rupees.
|
|
65. WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.
|
One rupee fifty paise."
|