Nagaland act 006 of 1989 : Indian Stamp Duty (Nagaland Amendment) Act, 1989

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  • Department of FINANCE
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  • Ministry of FINANCE
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INDIAN STAMP DUTY (NAGALAND

AMENDMENT) ACT, 1989

(THE NAGALAND ACT NO. 6 OF 1989)

(Received the assent of the Governor on 30th June '89 and published in the Nagaland Gazette extraordinary dated 30th June '89) An

Act

to amend the Indian Stamp Duty Act, 1989, in its application to Nagaland. Preamble

Whereas it is expedient to amend the Indian Stamp Duty Act, 1899, (Act 11 of 1899) hereinafter called the Principal Act, in its application to Nagaland in the manner hereinafter appearing. It is hereby enacted in the Fortieth year of the Republic of India as follows

1. Short title, extent and commencement.

(1) This Act may he called the Indian Stamp Duty (Nagaland Amendment) Act, 1989.

(2) It shall extend to the whole State of Nagaland.

(3) It shall come into force on such date as the State Government may, by notification in the official gazette, appoint.

2. Amendment of Schedule I of Act 11 of 1899. In Schedule into the principal Act, the following shall he substituted, namely

SCHEDULE 1

Description of Instrument

(1)

I. ACKNOWLEDGMENT of debt exceeding twenty rupees in amount or value, written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book

(other than a bankers pass-book)

or on a separate piece of paper

when such book or paper is left in

the creditor'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. Fifty paise

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2. ADMINISTRATION-BOND in cluding a bond given under section 6 of the Govt. Savings Banks Act, 1875, or section 291 or section 375 or section 376 of the Indian Suc cession Act, 1925.

(a) Where the amount does not The same duty as a Bond exceed Rs. 1000/- Duty No. 15 for such amount.

(b) In any other case. Thirty rupees.

3. ADOPTION-DEED, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt. Sixty rupees

4. AFFIDAVIT, including an affirma tion or declaration in the case of persons by law allowed to affirm or declare instead of swearing. Ten rupees Exemptions

Affidavit or declaration in writing when made

(a) as a condition of enlistment under the Indian Army Act,1950.

(b) for the immediate purpose of being field or used in any Court or before the Officer of any Courier.

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

5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT

(a) if relating to the sale of a bill of exchange. One rupee

(h) if relating to the sale of a Govt. Subject to a maximum of Security eighty rupees and fifty

paisa for every Rs. 10,000/-

or part thereof bf the value

of the Security.

(c) if relating to the purchase or sale of shares, scripts, stocks bonds, debentures, debenture stocks or any other marketable Security of a like nature in or of any incorporated company or other body corporate

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(i) When such agreement or One rupees for every Rs. memorandum of an agreement 25,00/- or part thereof of is with or through a member the value of the Security or between members of a at the time of its purchase Stock-Exchange recognised or sale, as the case may under the Securities Contracts be.

(Regulation) Act, 1956.

Description of Instrument

(ii) in other cases Two rupees for every Rs. 500/- or part thereof of

the security at the time of

its purchase or sale, as the

case may be.

(d) if executed for service or for performance of work in any estate whether held by one per son, or more persons, than one as co-owners, and whether in one or more blocks, and

situated in Assam/Meghalaya where the advance given under such agreement does not ex ceed fifty rupees. One rupee

(e) if not otherwise provided for Four rupees Exemptions

Agreement or memorandum of agreement

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

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

AGREEMENT TO LEASE

See Lease (No. 35)

6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWNS OR PLEDGE, that is to say, any instrument evidencing an agreement relating to

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

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

(a)if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement if the amount of loan does not exceed Rs. 500/

if it exceeds Rs. 500/- and not Five rupees if the amount

exceed Rs. 1000/- and for every of loan does not exceed

Rs. 1000/- or part thereof in Rs. 500/-; Ten rupees if

excess of Rs. 1000/- the amount exceed Rs.

500/- but does not exceed

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Rs. 1000/- Ten rupees for every Rs. 1000/- or part thereof in excess of Rs. 1000/-

(b)if such loan or debt repayable Half the duty payable not more than three months under subclause (a) from the date of such instrument

Exemptions

Instrument of pawn or pledge of good if unattested.

7. APPOIINTMENT, IN EXECUTION OF A POWER

Whether of trustees or a property, movable or immovable, where made by any writing not being a will

(a) Where the value of the proper ty does not exceed Rs. 1000/- Fifty rupees

(b) in any other case Ninety rupees

8. APPRAISEMENT OR VALUA

TION, made otherwise than under The same duty as in Bot an order of the Court in the course tomory Bond (No 15) for of a suit such amount

(a) where the amount does not exceed Rs. 1000/-

Description of Instrument Proper Stamp Duty

(h) in any other case Twenty four rupees seven ty-five paise

Exemptions

(a) Appraisement or valuation made for the information of one party only and not being ill any manner obligatory be- tween parties either by agree- ment 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 Twenty-four rupees the service or tuition of any appren- seventy-five paise. tice, clerk or servant placed with

any master to learn any profession,

trade or employment.

4

Exemptions Instruments of apprenticeship executed by a Magistrate under the apprentices Act, 1961, or by which a person is apprenticed by or at the charge of any public charity.

10. ARTICLES ()F ASSOCIATION

OF A COMPANY

(a) Where the company has no Sixty-one rupees ninty share capital or the normal paise.

share capital does not exceed

Rs. 2,500/-

(b) Where the nominal share capi- Eighty two rupees fifty tal exceeds Rs. 2,500/- but does paise.

not exceed Rs. 5,000/-

(c) Where the nominal share capi- One hundred twenty three tal exceeds Rs. 5,500/- but does rupees seventy five paise.. not exceeds 1,00,000

(d) Where the nominal share capi- Two hundred forty seven tal exceeds Rs. 1,00,000/- rupees fifty paise. Exemptions

Articles of any association not formed for profit and registered under section25 of the Companies Act, 1956, See also Memorandum of Association of a Company (No.39)

ASSIGNMENT - See conveyance (No. 23) transfer (No. 62) and transfer of lease (No. 63) as the case may be. ATTORNEY-See adoption-deed (No. 3)

12. AWARD-That is to say, decision The same duty as a Bond in writing by an arbitrator or urn- (No. 15) for the amount pier, not being an award directing or value of the property a partition, on a reference made to which the award relates, otherwise than by an order of the as set forth in such award court in the course of a suit. subject to a maximum of one hundred twenty three

rupees seventy five paise.

15. BOND (as defined by section 2 (5) Forty five paise not being a DEBENTURE (No.

27) and not being otherwise provided for by this Act, or by the Court fees Act, 1870- Where the amount or value secured does not exceed Rs. 10/

Where is exceeds Rs. 10/— and Eighty-two paise does not exceed Rs. 50/—

Where it exceeds Rs. 50/- and One Rupee sixtyfive paisa does not exceed Rs. 100/

Where it exceeds Rs. 100/ — and Four rupees and ten paise does not exceed Rs. 200/—

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Description of Instrument Proper Stamp Duty Six Where it exceeds Rs. 200/—- and Six rupees and twenty does not exceed Rs. 300/— paise

Where it exceeds Rs. 300/— and Eighty rupees and twenty does not exceed Rs. 400/— five paise

Where it exceeds Rs. 400/— and Eleven rupees and twenty does not exceed Rs. 500/— paise

Where it exceeds Rs.500/— and Fourteen rupees and does not exceed Rs. 600/— Ninety paise Where it exceeds Rs. 600/— and Seventeen rupees and does not exceed Rs. 700/— thirty five paise Where it exceeds Rs. 700/- and Nineteen rupees and does not exceed Rs. 800/—- eighty paise Where it exceeds Rs. 800/— and Twenty two rupees and does not exceed Rs. 900/— thirty paise Where it exceeds Rs. 900/— and Twenty four rupees and does not exceed Rs. 1000/- seventy five paise and for every Rs. 500/-- or part twelve rupees and thirty thereof in excess of Rs.1000/— paise

See Administration— Bond

(No. 2), Bottomry Bond

(No. 16), Customs Bond

(No. 26), Indemnity Bond

(No. 34), Respondentia Bond

(No. 56), Security Bond

Bond (No. 57)

Exemptions

Bond, when executed by

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

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

16. BOTTOMRY BOND, that is to say, The same duty as a Bond any instrument whereby the master (No. 15) of such amount of a seagoing ship borrows money

on the security of the ship to enable

to preserve the ship or prosecute

her voyage.

17. CANCELLATION-Instrument of (including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for, See also Twenty four rupees and release (No. 55) Revocation of Set

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tlement (No. 58-B) Surrender of seventy five paise Lease (No. 61), Revocation of trust (No. 64-B)

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 a public auction by a Civil or Revenue Court, or Collector or other Revenue Officer

(a) Where the purchase-money Seventy paise does not exceed Rs. 10/—

(b) Where the purchase-money One rupee thirty paise exceeds Rs. 10/— but not exceed Rs. 25/ —

(c) in any other case The same duty as a con veyance (No.23) for a con

sideration equal to the

amount of the purchase

money only.

19. CERTIFICATE OR OTHER Forty-five paise DOCUMENT, evidencing the right or title of the holder thereof or any other person either to any share, script or stock in or of any inco rporated company or other body cor porate or to become proprietor of share, script or stock in or any such company or body. See also Letter of Allotment of shares (No. 36).

20. A CHARTERED PARTY, that is Four rupees and ninety- to say any instrument (except an five paise 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

character, whether it includes a

penalty clause or not.

22. COMPOSITION-DEED, that is to Fourty-nine rupees and say, any instrument executed by a fifty paise debtor, whereby he conveys his property for the benefit of his creditors, or

Whereby payment of a composition

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or dividend on their debts is secured to the creditors or whereby provision is made for the continuance of the debtor's business,

under the supervision of inspectors or under letters of license, for the benefit of his creditors.

23. CONVEYANCE (as defined by sec tion 2(10) not being a transfer charged or exempted under No. 62 : — Where the amount or value of the Four rupees and thirty consideration for such conveyance paise as set forth therein does not exceed

Rs. 50/

Where it exceeds Rs. 50/- but does Four rupees and fifty paise not exceed Rs. 100/

Where it exceeds Rs. 100/- but Nine rupees

does not exceed Rs. 200/—

Where it exceeds Rs. 200/- but Thirteen rupees and fifty does not exceed Rs. 300/— paise

Where it exceeds Rs. 300/- but Eighteen rupees does not exceed Rs. 400/

Where it exceeds Rs. 400/- — but Twenty-two rupees and does nut exceed Rs. 500/— fifty paise

Where it exceeds Rs. 500/- but Twenty seven rupees does not exceed Rs. 600/-

Where it exceeds Rs. 600/- but Thirty one rupees and fifty does nut exceed Rs. 700/— paise

Where it exceeds Rs. 700/- but Thirty six rupees does not exceed Rs. 800/

Where it exceeds R.s. 800/- but Forty rupees rupees and does not exceed Rs. 900/- fifty paise

Where it exceeds Rs. 900/- but Forty five rupees does not exceed Rs. 1000/—

For every Rs. 500/— or part thereof Twenty two rupees and not excess of Rs. 1000/— fifty paise

Where it exceeds Rs. 50,000/ — but Forty nine rupees and fifty does not exceed Rs. 90,000/— paise for every one thousand rupees.

Where it exceeds Rs. 90,000/— but Sixty six rupees and fifty does not exceed Rs. t,50,000/— paise for every one thousand rupees

And where it exceeds Rs. Eighty two rupees and fifty 1,50,000!— paise for every one

thousand rupees

Provided that where the "instrument" or the conveyance is in respect of an Industrial Loan, certified as such by the Director of

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Industries, Nagaland the stamp duty shall be half of the above rate. Description of Instrument Proper Stamp Duty

Exemptions

Assignment of copyright under the

Indian Copyright Act, 1957.

CO-PARTNERSHIP-DEED —

See Partnership (No. 46)

23. COPY OR EXTRACT

Certified to be true copy or extract by or order of any public officer and not chargeable under the law for the time being in force relating to court-fees : —

(i) if t he original was not charge— Two rupees and fifty paise able with duty with which it

was chargeable does not exceed one rupee;

(ii) In any other case not falling Four rupees and ninety within the provisions of section five paise 6- A.

Exemptions

(a) Copy of any paper which a public officer is expressly re quired by law to make or fur nish for record in any public office or for any public pur pose.

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

24. 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 The same duty as is pay- original instrument is charge- able on the original. able does not exceed two

rupees;

(b) in any other case not falling Four rupees and ninety within the provisions of sec- five paise tion 6-A

Exemptions

Counterpart of any lease granted

to a cultivator when such lease is

exempted from duty

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25. Customs Bond

(a) where the amount does not The same duty as a Board exceed Rs. 1,000/— (No. 15) for such amount

(b) In any other case Thirty three rupees Forty Paise

26.DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any

person therein named, or his assigns the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which

goods are stored or deposited on

rent or hire, or upon any wharf,

such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the

property therein, when such goods

exceed in value twenty rupees.

DEPOSIT OF TITLE DEEDS :—

See Agreement relating to Deposit

of Title Deeds, Pawn or Pledge

(No. 6)

DISSOLUTION OF PARTNERSHIP,

See Partnership (No. 46)

29. Divorce — Instrument of, that is to Sixteen rupees and fifty say, any instrument by which any paise.

person effects the dissolution of

his marriage.

DOWER — Instrument of, see Settlement. (No. 58) Sixteen rupees and fifty paise.

DUPLICATE —See Counterpart (No. 25).

1. EXCHANGE OF PROPERTY, The same duty as a Con Instrument of veyance (No 23) for a con sideration equal to the

value of the property of

greatest value as set forth

in such instrument

EXTRACT —See Copy (No. 24)

32. FURTHER CHARGE —Instru ment of, that is to say, any instrument imposing a further charge on mortgaged property —

(a) When the original mortage is The same duty as a Con one of the description referred veyance (No. 23) for con to in clause (a) of Article 40 sideration equal to the

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(that is with possession); further charge secured by such instrument.

(b) when such mortgage is one of the description referred to in clause (b) of Article No.40 (that is with — Out procession) —

(i) if at time the of execution of The same duty as a Con- the instrument of further veyance(No.23)for a con charge possession of the sideration equal to the property is given or agreed to total amount of the charge be given under such instru- (including the original ment; mortgaged and any further

charge already made), less

the duty already paid on

such original mortgage

any further charge.

(ii) if possession is not so given. The same duty as a bond (No. 15) for the amount

of the further charge

secured by such Instru

ment.

33. GIFT—Instrument of not being a The same duty as a Con Settlement (No.58) or will or Trans- veyance (No.23) for a con fer (No. 62) sideration equal to the value

of the property as set forth

in such instrument.

HIRNG AGREEMENT, or agree- The same duty as a ment for service, See Agreement Security Bond (No.57) for (No. 5) the same amount.

34. INDEMNITY BOND INSPEC

TORSHIP DEED, See Composi tion Deed (No.22)

35. LEASE, including an underlease and any agreement to let or sublet —

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

(i) where the lease purports to be The same duty as Bond for a term of less than one (No,15) for the whole year; amount payable or

deliverable under such

lease

(ii.) where the lease purports to be The same duty, as a Bond for a term of not less than one (No. 15) for the amount

11

year but not more than five or value of the average years; annual rent reserved.

(iii) where the lease purports to be The same duty as a Con- for a term exceeding five years veyance (No. 23) for a con- and not exceeding ten years; sideration equal to the amount or value of the

average annual rent

reserved.

(iv) where the lease purports to be The same duty as a con- for a term exceeding ten years, veyance (No. 23) for a con but not exceedingtwentyyears; sideration equal to twice the amount or value of the

average annual rent

reserved.

(vi) where the lease purports to be The same duty as a Con- for a term exceeding twenty veyance (No.23) for a con- years; but not exceeding thirty sideration equal to three years times the amount or value

of the average annuals rent

reserved.

(vi) where the lease purports to be The same duty as a Con- for a term exceeding thirty veyance (No. 23) for a con- years, but not exceed one sideration equal to four hundred years; times the amount or value

of the average annual rent

reserved.

(vii) where the lease purports to be The same duty as a Con- for a term exceeding one vence (No. 23) for a con- hundred years or in per- sideration equal in the petulity; case of a lease granted

solely for agricultural pur

poses to one-tenth and in

any other case to one sixth

of the whole amount of

rents which would he paid

or delivered in respect of

the first fifty years of the

lease.

(viii) where the lease does not pur- The same duty as a Con- port to be for any definete veyance(No.23)for a con- term; sideration equal to three

12

times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease con tinued so long.

(b) where the lease is grante4 for The same duty as a Con- a fine or premium or for money veyance (No. 23) for a con- advanced and where no rent sideration equal to the is reserved; amount or value of such

fine or premium or ad

vance as set forth in the

lease.

(c) where the lease is granted for The same duty as a Con- a fine or premium, or for veyance(No.23)foracon- money advanced, in addition sideration equal to the to rent reserved, amount or value of such fine or premium, or ad

vance as set forth in the

lease in addition to- the

duty which would have

been payable on such lease

if, no fine or premium or

advance had been paid or

delivered.:

Provided that in any case when an agreement to lease is stamped with the- ad valorem stamp required for a lease and a lease inpursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee and thirty paise.

Exemption

Lease executed in the case of a

cultivator and for the purpose of

cultivation (including a lease of trees

for the production of food or drink),

without the payment or delivery of

any fine or premium, when a definite

term is expressed and such term

does not exceed one year, or when

the average annual rent reserved

does not exceed one hundred rupees.

In this exemption a lease for the

purposes of cultivation shall include

a lease of lands for cultivation together

with homestead or tank.

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EXPLANATION— When a lessee undertakes to pay any recurring charge, such as Government

revenue the landlord's share

of cases, or the owner's share

of municipal rates of taxes which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall he deemed to he part of the rent.

36. LETTER OF ALLOTMENT OF Forty-five paise SHARES, in any company or

proposed company, or in respect of any loan to he raised by any company or proposed company. See also CERTIFICATE or other document (No. 19).

38. Letter of License, that is to say, any Thirty-three rupees and agreement between a debtor and eighty paise. 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.

39. MEMORANDUM OR ASSOCIATION OF A COMPANY :—

(a) if accompanied hy articles of Ninety-nine rupees. association under Section 26

of the Companies Act, 1956;

(b) if not so acompanied —

(i) where the nominal snare Two hundred forty seven capital does not exceed One rupees and fifty paise. lakh of rupees;

(ii) where the nominal share Four hundred twelve capital exceeds one lakh of rupees and fifty paise. rupees.

Exemption

Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act 1965.

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 proper- The same duty as a Con ty or any part of the property veyance (No. 23) for a con comprised in such deed is given sideration equal to the

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by the mortgagor or agreed to amount secured by such he given; deed.

(b) when possession of the proper- The same duty as a Bond ty comprised in such deed is (No. 15) for the amount not given by the mortgagor nor secured by such deed. agreed to he given;

EXPLANATION :—A mortgagee

a who gives to the mortgaged a

power-of-attorney to collect rents

or a lease of the property mortgaged

or part thereof is deemed to give

possession within the meaning of

this article;

(c) (i) when a collateral or auxiliry Two rupees and fifty paise. or additional or substituted

security, or by way of further

assurance for the above men

tioned purpose where the prin

cipal or primary security is duly

stamped for every sum secured

not exceeding Rs. 1,000

(ii) and for every Rs. 1,000 or part Three rupees. thereof secured in excess of

Rupees 1,000'

Exemptions

(1) Instruments executed by per sons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturtsts' Loans Act, 1884, or by their sureties as security for the repayment of such advance.

(2) Letter of hypothecation ac companying 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 Forty-five paise more than three months from

the date of the instrument —for every sum secured not exceeding Rs. 200; and for every Rs. 200,

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or part thereof secured in excess of Rs. 200.

(b) when the loan is repayable Sixty paise. more than three months, but

not more than eighteen months from the date of instrument —

for every sum secured not ex- Seventy paise. ceeding Rs. 100; and

for every Rs. 100, or part there Seventy paise. of secured in excess of Rs 100.

42. NOTARIAL ACT, that is to say, any instrument, endorment, note, attestation, certificate, or entry not, being a PROTEST (No. 50 made or signed by a Notary Public in the execution of the duties of his office or by any other person lawfully acting as a Notary Public. See also

Protest of Bill or Note (No. 50). Four rupees and ninety five paise.

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 Eighty paise. twenty rupees;

(h) of any stock or marketable Ninety paise for every Rs. security exceeding in value 5,000 or part thereof ot twenty rupees. the value of the stock as security subject to a max

imum of forty-nine

rupees and fifty paise.

44. NOTE OF PROTEST BY THE Three rupees and thirty MASTER OF A SHIP — paise.

See also Protest by the Master of

a Ship (No. 51)

ORDER FOR THE PAYMENT

OF MONEY See Bill of exchange (No. 13).

45. PARTITION—Instrument of (as The same duty as a Bond defined by section 2 (15). (No. 15) for the amount of the value of the

separated share or shares

of the property.

N.B. —. The largest share

remaining after the

property is partitioned (or

if there are two or more

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shares of equal value and not smaller than any of the other share, then one of such equal shares) shall be deemed to he that from which the other shares are separated; Provided always that —

(a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, hut shall not he less than. Two rupees and twenty paise.

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

(c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed the duty on such instrument shall not exceed three rupees and thirty paise.

46. PARTNERSHIP — A. Instrument of— The same duty as Bond (No. 15)

(a) where the capital of the Sixty-six rupees partnership does not exceed

Rs. 1,000.

(b) in any other case Thirty-three rupees. B. Dissolution of— PAWN OR PLEDGE—See Agreement relatingto deposit

of Title deed, PAWN or pledge (No. 6)

48. POWER OF-ATTORNEY-(as defined by Section 2 (21) not being a proxy—

(a) when executed for the sole pur- Two rupees and fifty paise pose 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; (b)when required in suits or Two rupees and fifty paise, proceedings under the

presidency Small Cause Court Act. 1882;

(c) when aurthorizing one person Five rupees or more to act in a single transaction other than the case mentioned in Cl (a)

(d) when authorizing not more Twenty-four rupees and than five persons to act jointly seventy—five paise and severally in more than one

transaction or generally;

(e) when authorizing more than five but

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not more- than ten persons to act jointly and severally in more than one Forty-nine rupeesand fifty transaction or generally; paise.

(f) when given for considerationn The same duty as a Con- and aurthorizing the attorney veyance (No. 23) for the to sell any immovable proper- amount of the considera ty; tion.

(g) in any other case. Five rupees for each per son authorised.

Explanation—For the purposes of NB. :— The term "Regis the Article more persons than one tration" includes every when belonging to the same firm operation incidental to shall he deemed to be one person. registration under the In dian Registration Act 1980.

50. PROTEST OF BILL OR NOTE, Five rupees. that is to say, any, declaration ii writing made by a Notary Public or other persons lawfully acting as such, attesting the dishonour of a bill exchange or promissory note.

51. PROTEST BY THE MASTER OF Five rupes A SHIP, that is to say, any decla ration of the particulars of her voyage drawn up by him with a view to the adjusment of losses or the calculation of averages, and every declaration in writing made by him against the characters or consignees for not loading or unloading the ship whensuch declaration is attested or certified by a Notary Public or other person lawfully acting as such. See also Note of Protest by the Master of a ship (No. 44)

4. RECOVEYANCE OF MOR

TAGAG;ED PROPERTY (a)If the consideration for which The same duty as a Con— the property was mortgaged veyance (No. 23) for the does not exceed Rs. 1,000; amount of such considera tion as set forth in the

recoveyance.

(h) in any other case. Forty-nine rupees fifty paise.

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5. 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 a ny specified property.

(a) if the amount or value of the The same duty as a Bond claim does not exceed Rs. (No. 15) for such amount 1,000; or value as set forth in the

release.

(b) in any other case. Twenty four rupees seven- - ty five paise.

6. RESPONDENTIA BOND, that is The same duty as a Bond to say, any instrument securing a (No. 15) for the amount loan on the cargo laden or to he of the loan secured. laden on board a ship and making

repayment contingent on thearrival

of the cargo at the port of destina

tion.

REVOCATION OF ANY TRUST

ON SETTLEMENT—

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

57. SECURITY BOND OR M(.)R

TAAGE 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 secure does the same duty as a Bond not exceed Rs. 1,000. (No. 15) for the amount secured.

(b) in any other ease. Twenty-four rupees and seventy-five paise.

Exemptions

Bond or other instrument, when executed—

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

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

(c) under No. 3-A of the rules made by the Government of Bombay in Council, under Section 70 of the Bombay Irrigation Act, 1872;

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

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(e) executed by officers of Govt. or their sureties to secure the due executions of an office, or t he due accounting for money or other properly received by virtue thereof.

58. SETTLEMENT — A.Instrument of (including a The same duly as a Con— deed of power) veyance (No. 23) 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 stamp required for an instrument of settlement, and an instrument of settlement in pursuance ol such agreement is sub- sequently executed, the duty on such instrument shall not exceed one rupee and ninety-five paise.

Exemptions

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

(h) Hludassa, that is to say, any settle- -ment of immovable property executed by a Buddhist in Burma for a religious purpose in which no value has been specified and on which duty of Rs. 10 has been paid.

B. Revocation of— - The same duty as a Con

veyance (No. 23) for a sum

equal to the amount or

value of the property con

cerned, as set forth in the

instrument of Revocation,

but not exceeding forty

one rupees and twenty

paise.

See also Trust (No. 64)

59. SHARE WARRANTS, to hearer one-and-a-half times the issued under the Companies Act, duty payable on a Con- 1956 veyance (No. 23) for a con

sideration equal to the

nominal amount of the

share specified in the Warrant.

Exemptions

Share warrant when issued by a Company in pursuance of the Companies Act, 1956, Section 144, to have effect only upon payment, as composition for that duty, to the Collector of Stamp revenue of—

(a) one-and-a-half per centum of the whole subscribed capital of the Company

OR

(h) if any company which has paid the said duty or composition in full, subsequently issues and

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addition to its subscribed capi tal one-and-a-half per centum of the additional capital so is sued.

60. SHIPPING ORDER, for or relating Forty paise. to the conveyance of goods on board of any vessel.

61. SURRENDER OF LEASE—

(a) When the duty with which the The duty with which such lease is chargeable does not lease is chargeable. - exceed seven rupees fifty paise; -

(b) in any other case; Twenty-four rupees and Seventy-five paise.

63. TRANSFER OF LEASE, by way The same duty as a Con- of assignment, and not by way of veyance (No. 23) for a con underlease. sideration equal to the amount of the

. consideration for transfer Exemption

Transfer of any lease from duty.

64. TRUST— - A. DECLARATION OF—or The same duty as a Bond concerning any property when (No. 15) for a sum equal made by any writing not being to the amount or value of a will, the property concerned.

as set forth in the instru

ment, but not exceeding

forty-one rupees and

twenty-five paise.

B. REVOCATION OF—or The same duty as a Bond concerning,anypropertywhen (No. 15) for a sum equal made by any instrument .other to the amount or value of than will, the property concerned.

as set forth in the instru

ment, but not exceeding

forty-one rupees and

twenty-five paise.

See also Settlement (No. 58)

VALUATION — See Appraisement (No. 8)

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SECTIONS