Indian Stamp (Tamil Nadu Amendment) Act, 1981*
| [Tamil Nadu Act No. 42 of 1981]* | [25th July, 1981] |
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 Thirty-second Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 11th May, 1981, Part IV-Section 1, page 596.
* Received the assent of the President on the 21st July, 1981, first published in the Tamil Nadu Government Gazette Extraordinary on the 25th July, 1981 (Aadi 10, Thunmathi-2012-Thiruvalluvar Aandu)
1. Short title, extent and commencement.- (1) This Act may be called the Indian Stamp Tamil Nadu Amendment) Act, 1981.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 47-A, Central Act II of 1899.- In section 47-A of the Indian Stamp Act, 1899 (Central Act II of 1899) (hereinafter referred to as the principal Act), for the words "exchange or gift" wherever they occur, the words "exchange, gift, release of benami right or settlement" shall be substituted.
3. Amendment of Schedule I, Central Act II of 1899.- In Schedule I to the principal Act,-
(1) in Article 8, in clause (b), for the words "Twenty-five rupees", the words "Thirty rupees" shall be substituted;
(2) in Article 12, in clause (b), for the words "Thirty rupees", the words "Thirty-five rupees" shall be substituted;
(3) for Article 16, the following Article shall be substituted, namely;-
| "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. | Three rupees for every Rs. 100 or part thereof up to Rs. 1,000 and fifteen rupees for every Rs. 500 or part thereof in excess of Rs. 1,000."; |
(4) in Article 23, in clause (b), for the words "six rupees", the words "seven rupees" shall be substituted;
(5) in Article 54, in clause (b), in item (ii), for the words "Sixty rupees", the words "Seventy rupees" shall be substituted;
(6) for Article 55, the following Article shall be substituted, namely:-
| "55. A. RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23-A or a release of benami right) whereby a person renounces a claim upon another person or against any specified property. | The same duty as a Bottomry Bond (No. 16) for such amount or value at set forth in the release. |
| B. RELEASE OF BENAMI RIGHT in favour of real owner,- | |
| (a) of immovable property situated within the cities of Madras, Madurai and Coimbatore and Municipal towns of Salem and Tiruchirappalli. | Thirteen rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of release. |
| (b) of immovable property situated in any other area. | Twelve rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of release. |
| (c) of any other property. | Seven rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of release."; |
(7) In Article 57, in clause (b), for the words "Twenty-five rupees", the words "Thirty rupees" shall be substituted;
(8) for Article 58, the following Article shall be substituted, namely:-
"58. SETTLEMENT-
(a) Instrument of (including a deed of dower),-
| (i) if the instrument of settlement is in favour of a member or members of a family. | The same duty as a Bottomry Bond (No. 16) for such amount or value as set forth in the 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 and fifty paise. |
Explanation-
For the purpose of this Article, the word "family" means father, mother, husband, wife, son, daughter, grand child. In the case of any one whose personal law permits adoption, "father" shall include an adoptive father, "mother" an adoptive mother, "son" an adopted son and "daughter" an adopted daughter.
(ii) in any other case,-
| (A) of immovable property situated within the cities of Madras, Madurai and Coimbatore and Municipal towns of Salem and Tiruchirappalli. | Thirteen rupees for every Rs. 100 or part thereof of the market value of the property which is the subject-matter of settlement. |
| (B) of immovable property situated in other areas. | Twelve rupees for every Rs. 100 or part thereof of the market value of the property which is the subject-matter of settlement. |
| (C) of any other property. | Seven rupees for every Rs. 100 or part thereof of the market value of the property which is the subject matter of settlement. |
| 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 sixty rupees."; |
(9) in Article 61,-
(a) in clause (a), for the words "twenty-five rupees", the words "Thirty rupees" shall be substituted;
(b) in clause (b), for the words "Twenty-five rupees", the words "Thirty rupees" shall be substituted;
(10) in Article 62, in clause (c),-
(a) in Sub-clause (i), for the words "twenty-five rupees", the words "Thirty rupees" shall be substituted;
(b) in sub-clause (ii), for the words "Twenty-five rupees", the words "Thirty rupees" shall be substituted.