Manipur act 004 of 1989 : The Indian Stamp (Manipur Amendment) Act, 1979

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THE INDIAN STAMP (MANIPUR AMENDMENT) BEBE, 1979

(As passed by the Legislative Assembly, Manipur on 25—9—79) (Art? No. £1er M901)

A '11

BI-LL-'Awd.

to amend the Indian Stamp Act, 1899 (Act II of 1899) in its application "

to the State of Manipur.

BE it enacted by the Legislature of Manipur in_ the Thirtieth Year Of the Republic of India as follows:

1. (1) This Act may be called the Indian Stamp (Manipur Amendment) Act,1979.

12) It extends to the whole of the State of Manipug

(3) It shall come into force on such date as the Government may by notification in the Official Gazette appoir..t.

2. in sub-section (1') of section 4 and in the proviso to section 6 of the Indian Stamp Act, 1899 as applicable to the State of Manipur hereaften referred to as the Principal Act the words "two rupees"

wherever they occur, the Words "two rupees and paise fitty" shall be substituted

3. For the Schedule I appended to the Principal Act, the following Schedule shall be substituted, namely,— Short title: '

extent & '

commence- ,

ment. ' '

Amendment

of sections

4 & 6.

Amendment

of Schedule-I.

1

2

The Stamp Duty chargeabIe of the Instruments described below sha11 be regulated on an ad-valorem scale and calculated according to the value of nght, titles and interest affected in the manner following that 15 to say :—

SCHEDULE 1

STAMP DUTY ON CERTAIN INSTRUMENTS

( See section 3 and first Proviso) Description of instrument. Proper stamp—duty. 1 ' 2

3k * fi

2. ADMINISTRATEON BOND including a bond given under section 6 of the Government Savings Banks Act, 1873 (Act V of 1873} 0r section 291 or section 375 or section 3'6 0f the Indian Succession Act, 1925 ( Act XXXIX of 1925 )

(21) Where the amount does not exceed The same duty as a bond (N0. 15)Rs. 1,000,- for such amount.

(b) in any other case. Eighteen rupees.

3. ADOPTION DEED, that is to say Thirty six rupees. any instrument (other than a will),

recording an adoption, or conferring or purporting to confer an authority to adopt.

4. AFFIDAVIT, including an aflirmation or declaration in the case of persons by law allowed to affirm or dedare instead of Swearing.

Three rupees sixty paise.

EXEMPTION

5. Affidavit or declaration in writing when made.

(a) As a condition or enlistment under the Indian Army Act, 1950 (Act XLVI of 1950)

(b) for the immediate purpose of being filed or used in any court or before the oflicer of any court ; or

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

5.

fi. * * *

AGREEMENT RELATING TO DEPOSIT

0R TITLE DEEDS PAWN OR PLEDGE,

that is to say, any instrument evidencing an agreement relating to—

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

«(2) the pawn or pledge or movable property, where such deposit pawn or pledge 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—

(3) if such loan or debt is repayable on demand or more than three months from the date of the date of the instrument evidencing the agreement—

if the amount of loan does not exceed Rs. 5000]-

if it exceeds Rs. 5000/- and does not exceed Rs. 1,000/- and for every Rs. 1,000/- or part thereof in excess Rs. 1,000/—

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

EXEMPTION

Inspection of pawn or pledge of goods if unattested.

APPOINTMENT IN EXECUTION A

POWER, Whether or trustees or of prOperty movable or immovable, where made by any writing not being .a will—

(a) Where the value of the property does not exceed Rs. 1,000!-

:(b) in any other case.

Three rupees.

Six rupees.

Six rupees.

Half the duty payable under

sub-clause (a).

Thirty rupees. I

. Fifty-four rupees.

3

8.

10.

ll.

12.

l

APPRAISEMENT 0R 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 ease.

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.

APPRENTICESHJP—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.

EXEMPTIONS

Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (ActLII of 1961) or by Which a person is apprenticed by, or at the charge of any public charity.

* * *

ASSIGNMENT—See Conveyance (No. 23) Transfer (No. 62) and Transfer of Lease (No. 63), as the case may be. ' ATTORNEY—See Power of Attorney (No. 48).

AUTHORITY TO ADOPT—«See Adoption Deed (No. 3).

AWARD, that is to say, any decision in writing by an arbitrator or umpére 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. The same duty as a bond

(No. 15) for such amount.

' Eighteen rupees.

The same duty as abound

(No. 15) for the amount or

value 01 the property to which the award relates a set forth in such award subject to a

maximum of ninety rupees.

\

4

1

13. BILL OF EXCHANGE (as defined by S. 2(2) not being a bond, Bank Note or currenCy notes :—

3(b) Where payable otherwise than on demand :—

(i) where payab1e not more than three (ii)

(iii)

(iV)

months after date or sight— it' the amount of the bill or note does not exceed Rs. 500]-

if it exceeds Rs. 500/- but does not exceed Rs. 1,000]-

and for every additional Rs. 1,000/- or part thereof in excess of Rs. 1,000/- .

Where the payab1e more than three months but not more than six months after date or sight— ]f the amount of bill or note does not exceed Rs. 500/—

If it exceeds Rs. 500/~ but does exceed Rs. 1,000/-

and for every additional Rs. 1,000/- or part thereof in excess of Rs. 1,000/—

Where payable more than six months but not more than nine months after date sight—

If the amount of the bill or note does not exceed Rs. 500/-

If it exceeds Rs. 500/- but does not exceed Rs. 1,000/-

and for every additional Rs. 1,000'/— or part thereof in excess of Rs. 1,000,'-

Where payab1e more than nine months but not mere than one year after date sight—

It' the amount of the hilt or note ' does not exceed Rs. 500/-

One rupee and fifty paise.

Three rupees.

Three rupees.

Three rupees.

Six rupees.

Six rupees.

Four rupees fifty paise.

Nine rupees.

Nine rupees.

Six rupees.

5

14.

15.

1

If it exceeds Rs. 500/- but does not exceed Rs. 1,000/-

and for every additional Rs. 1,000]— or part thereof in excess of Rs. 1,000/-

(c) Where payable at more than one year after date or sight—

It' the amount of the bill or note does not exceed Rs. 500/«

If it exceeds Rs. 500/— but does - not exceed Rs. 1,000/—

and for every additional Rs. 1,000/- on part thereof in excess of Rs. 1,000/-

BILL OF LADING (including a through ' bill of lading).

(a) Bill of lading when the goods therein describing are received at a place Within the limits of any port as defined under the Indian Ports Act, 1908 (15 of 1908) and are to be delivered at another place within the limits of the same .port.

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

BOND (as defined by section 2(5) not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the COurt fees Act, 1870 VII of 1870. Where the amount or value securei does not exceed Rs. 1.00.

Where it exceeds Rs. 10/- and does not exceed Rs. 50/- '

Where it exceeds Rs. 50/-' and does not exceed Rs. 100/'

Where it exceeds Rs. 100/- and does not exceed Rs. 200/-

2

Twelve rupees. Twelve rupees. Twelve rupees. Twentyfou: rupees. Twentyfour rupees. N.B.—If a bill of lading is drawn in part. the

proper stamp therefor must be borne by each one of the set.

Thirty paise.

Sixty paise.

One. rupee twenty paise. Three rupees.

6

1 2

'16.

17.

Where it/exceeds Rs. 200/- and does not exceed Rs. 300/-

Where it exceeds Rs. 300/- and does not exceed Rs. 400/-

Where it exceeds Rs. 400/- and does not eXCeed Rs. 500/-

Where it eXCeeds Rs. 500/- and does not exceed Rs. 600/-

Where it exceeds Rs. 600/- and does not exceed Rs. 700/-

Where it exceeds Rs. 700/- and does not exceed Rs. 800/-

Where it exceeds Rs. 800/- and does not cheed Rs. 900/-

'Where it' exceeds Rs. 900/- and. does not «eXCeed Rs. 1,000/—

and for every Rs. 500/- and does not and/ «or part thereof in excess of Rs. 1,000/— See Administration-Bond (No. 2). Bottonmry Bond (No. 16) Custom Bond (No. 26) Indemnity Bond (No. 56) Security Bond (No. 57).

EXEMPTIONS

"Bond, when exeCuted—

(a) heasment nominated under rules framed in accordance With the Bengal Irriga- tion Act,.1876, section 99, for the due performance of their duties under that Act ;

(b) any person for the purpose of guaran- teeing that the local income derived from private subscriptions to a charitable dispensary or hospitai or any other object or public utility shall not be less than a specified sum per mensem. ***

CANCELLATION—Insttument of (including . any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided of.

Four rupees fifty paise.

Six rupees.

Eight rupees ten paise.

Ten rupees eighty paise.

TWelve rupees sixty paise. ,

Forteen rupees sixty paise. .

Sixteen rupees twenty paise.

Eighteen rupees.

Nine rupees.

***

Eighteen rupees.

7

18.

19.

20.

21.

22.

23.

1

CERTIFICATEON OF SALE (in respect of each property put as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil 01' Revenue Court, or Collector or other Revenue Otfieer—

' (a) where the purchase—money does not , exceed Rs. 10/—

(b) Where the purchase—money exceeds Rs. 10/- but does not exceed Rs. 25/-

(c) in any other case. ***

seam:

_/

COMPOSITION DEEDS—that is to say, any instrument executed by a debenture, whereby the conveys his property for the benefit of his creditors, 01' 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 debtors business, under the supervision of inspectors or under letters of licence for the benefit of his creditors.

CONVEYANCE (as defined by section 2(10) not being a Transfer charged 01' exempted under N0. 62.

where the amount or value of the consi— deration for such conveyance as set forth thereln does not exceed Rs. 50]- where it exceeds Rs. 50/- but does not exceed Rs. 100/- '

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

where it exceeés

exceed Rs. 300/-

where it exceeds

exceed Rs. 400/-

where it exceeds Rs. 400/- but does not exceed Rs. 500/-

Rs, 200/- but does not

Rs. 300/- but does not

Sixty paise.

Ninety paise.

The same duty as a conve'

yance (No. 23) for a considera—

tion equal to the amount of

the purchase money only.

***

***

***

Thirtysix rupees.

One' rupee and thirty eight

paise.

Two rupees seventy paise.

Five rupees forty paise.

Eight rupees and ten paise.'

Ten rupees and eighty paise.

Thirteen ru'pees and fifty paise.

8

.1;

2

24.

' '6!) where it exceeds Rs. 500 but does exceed Rs. 600.

not

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

Rs. 700 but does notwhere it exceeds rexceed Rs. 800.

where it exceeds notRs. 800 but does genceed Rs. 900. V

where it exceeds Rs. 900 but. does not exceed Rs. 1000.

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

EXEMPTIONS

Assignment of copy right under the copy Right A_et, 1957 (Act XVI of 1957). CO-PARTNERSHIP DEED— See partner~ Ship (N09. 4'5.)-

COPY OF EXTRACT, certified to be a true copy or extract by or order of any public Ofiicer and 'not chargeable under the law fer the time being in force relating to ceur't fees: ,

(i) if the original- was not chargeable ,with duty, or if the duty with which it was chargeable does not exceed one rupee.

in any other case not falling within the provisions of section 6 A.

EXEMPT IONS

(ii)

Copy of any paper which a pubhc .ofiicer is "eXpressly required ' by law to make or furnish for record in any pubiic .ofl'icex-s or for any public purpose.

(b), Copy of, or extract firom any re- gister relating' to births, bannsms, 'naming's, dedications, marriages, , divorces, \deaths, or burials. Sixteen rupees and twenty

paise.

Eighteen rupees and ninety paise. -

Twenty one rupees and sixty paise.

Twentyfour rupees and thirty paise. , '

Twentyseven rupees.

Thirteen rupees and fifty paise. One rupee and eighty paise. Three rupees and sixty paise.

9

1,0

i ' , 2

25. 'COUNTERPART OR DUPLICAT

E

OF ANY INSTRUMENT ? CHARGE- ABLE WITH duty and in respect of which the proper duty has been

2

paid— .

(a) if the duty with which the' The same duty as is payable on

original instrument is charge- the original. able does not exceed two

rupees.

(b) in any other case not falling Three r upees and sixty paile.

within the provisions of Sec- tion 6A. '

EXEMPTIONS

Counterpart of any lease granted to a cultivator, when such lease is eXempted from duty.

26.. CUSTOME BOND—

(a). where the. amount does not ' Th e same duty as a Bond (No. US) exceed Rs.-1,000/- f0; s

uch amount.

(b) in any other case. Wwentyfour rupees.

27. DEBENTURE - whether a mortgage debenture or note, being a make— table security transferable—

(a) by the endorsement or by a separate instrument of transfer.

where the amount or value does T wentyiiVe paise.

not exceed Rs. 10. ,

-

where it exceeds Rs. 10 and does Fifty paise.

not exceed"Rs.'50.

Ditto 50 ditto 100

Ninety paise.

Ditto 100 ditto 200 One rupee cithty paise.

Ditto 200 ditto 300 ,

, two rupees seventy paise. Ditto 300 ditto 400 .

Three ,rupees sixty paise.

Ditto 400 ditto 500

v .FOur rupees fifty;paise.

Ditto 500 ditto 600

Five rupees forty 'paise.

Ditto 600 ditto 700

Six rupees thirty paise.

Ditto 700 ditto 890

Seven rnpees twenty paise. y

10

11

1 .

Ditto 800 ditto 900 Ditto 900 ditto 1,000 and for every 500 or part there- of in excess of Rs. 1,000.

(b) by delivery where the amount 01' value of the consideration for such debenture as set forth therein does not exceed Rs. 50.

Where it exceeds Rs. 50 but does not exceed Rs. 100.

Ditto 100 ditto 200

Ditto 200 ditto 300

Ditto 300 ditto 400

Ditto 400 ditto 500

'Ditto 500 ditto 600

Ditto 600 ditto 700

Ditto 700 ditto 800

Ditto 800 ditto 900

Ditto 900 ditto 1000

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

Epranation—The term 'Debenture' includes any interest coupons attached thereto'but the amount of such coupons shall not be included in estimating the duty.

, ' EXEMPTIONS

A debenture issued byzan incorporated company or other bodyicorporate in terms of a registered mortgaged-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 the debenture holders; Provided that the debenture so issued areexpressed ' to be issued in terms of the said mortgage-deed.

DECLARATION OR ANY TRUST—_ '

See Trust (No. 64).

' 2

Eight rupees ten paise.

Nine rupees. '

FOur rupees fifty paise.

Ninety paise.

One rupee eighty >paise. ,

' Three rupees sixty paise.

Five rupees forty paisey'

Seven rupees twentynpaise, , ; Nine rupees.

Ten rupees eighty paiseg..

Twelve rupees sixty paise.

Fourteen rupees forty paise;

Sixteen rupees twenty paise.

Eighteen rupees. '

Nine rupees;

28.

29.

31.

32.

12

1

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 docks or ports or in any warehouse in which goods are stored or deposited on rent or hire, or upon wharf, such instrument being signed by or on behalf of the owuer of such goods upon the sale or transfer the property therein, when such goods exceed in value twenty rupees. DEPOSIT OF TITLE-DEEDS—See

agreement relating to Deposit of Title- deeds,' pown or Pledge (No. 6). DISSOLUTION OF PARTNERSHIP—

See' Partnetship (No. 46).

DIVORCE—Instrument of, that is to say, any instrument by which any person effects the dissoiution of his marriage.

DOWER—Instrument of, See Settlement (No. 58).

DUPL'ICATE—See Counterpart (No. 25). tint:

EXCHANCE OF PROPERTY—Ins—

trument of.

EXTRACT—See copy (No. 24).

FURTHER CHARGE—Instrument' ' of, that is to say, any instrument impo-f , sing a further charge on mortgage property.

(a) when the originai mortgage isone of the description referred to in clause

(a) of _Attic1e'No. 40 (that is with possess1on). v

(b) When such mortgage is one of _ the description referred to in . clause (b) of Article No. 40 (that ' is Without possession).

\

Twentyfive paise.

Twelve rupees.

***

The same duty gas a conveyance (No. 23) for consideration equal to the value of the property of- greatest value as set forth in such 6 instrument.

The same duty as 5a conveyance (No. 23) for» a'consideration equal to the amount of the further charge securedeby such instrument.

12

13

33.

35.'

1

(i) 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;

(ii) if possession if not so given. GIFT—Instrument of not being'a settle- ment (No. 58) or will or Transfer (No. 62).

HIRING AGREEMENT 0F AGREE-

MENT for service, see Agreement (No. 5)

INDEMNITY BOND.

INSPECTORSHIP DEED—See Composition Deed (No. 32'}. LEASE, including an under lease or sub-lease and any agreement to let sub-let(a) whereby such lease the rent is fixed and no premium is paid or delivered.

(i) 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 not more than five years. '

where the lease purports to be efor a term exceeding five years and not exceeding ten years.

(iii)

where the lease purports to be for' a term exceeding ten years but not exceeding twenty

years.

(M

where the lease purports to be fora term exceeding twenty years but not exceeding thirty years.

(V)

2

The same duty as aconveyance (No. 23) for a consideration equal to the total amount of the charge including the original mortgaged and further charge already made ' the duty.

The same .duty as a Bond (No. 15 ) for the amount of the - further charge secured by- such instrument. The same duty as a conveyance (No. 23) for a coosideration equal to the value of the property as set forth in such instrument. The same duty as a security Bond (No. 57) for the same amount. The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease. The same duty as a Bond (No. 15) for the amount or value of the average annual rent reserved. The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. The same duty as a conveyance (No. 23) for a consideration equal twice the amount or value of the average annual rent reserved. The same duty as a conveyance (No. 23) for a consideration equal to three times the amount or value of the average annual ,rent reserved.

l4

1

(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 hun- dred years or in perpetuity;

(viii) where the lease does not pur- ports to be for any definite term ;

(b) where the lease is granted for a fine or premium or for

money advance and where no, rent is reserved.

(c) where the lease is granted for a fine or premium, or for money advan- ced In addition to rent reserved.

2

The same duty as a reconveyance (No. 23) for a consideration equal to four times the amount or value of the average annual rent reserved.

The same duty as a conveyance (No. 23) for a consideration equal in the case of lease granted solely for agricultural purposes to one tenth and in any other-case to one 6th of the whole'amount of rents which would be paid or delivered in respect of the Ist fifty years of the lease.

The same duty as a conveyance (No. 23) for a consitieratign equal to three times the amount or value of the average annual rent which w0uld be paid or delivered for the first tenth years if the lease continued so long.

The same duty as a conveyance (No. 23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease.

The same duty as a conveyance (No. 23) for a consideration equal to the amount or 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 with the ad—velorem stamp required for a lease and lease in pur5uance of such agreement is subsequently executed the duty on such lease shall not exceed one rupee forty paise.

14

1'5

:36. .

, 37.

338.

56

.8

EXEMPTIONS

Lease, executed in the case of a culti- vator and for the purposes of culti- vation (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 terms does not exceed one year or when the average annual rent reserved dose not «exceed one hundred rupees. * In this exemptidn a lease for the pur- poses of cultivation shall include a iease of land for cultivation together with a homestead or tank.

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

* >1:

LETTER OF CREDIT, that is to say any instrument by which one person authorises another to give credit to person in whose favour it is drawn.

LETTER OF GUARANTEE (See

agreement No. 5)

LETTER OF LICENCE, that is to say, any agreement between adebtor and his creditors that the letter shall for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. * >1:

MORTGAGE-DEED, not being an agreement relating to Deposit of Title. deeds, pawn or Pledge (No. 6) Bottor- {my Bond (No. 16) mortgage, Mort- gage of a crop (No. 41) Rasdentia Bond .(No. 56) or Security Bond, (No. 57}- TWenty paise.

Twentyfour rupees.

15

16

' 1 2

41.

(a) when possession of the prOperty or any part of the property comprised in such deed is given by the mortgager or agreed to be given.

(b) when possession is not given or agreed as aforesaid :

Explanation—A mortgage: who gives to the mortgages 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.

(0) 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/-

and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000/—

EXEMPTIONS

(1) Instruments executed by persons taking advances under the land Improvement Loans Act, 1883 (Act XIX of 1883) or the Agriculturists Loans Act, 1884 (Act XII) of 1884 or by their sureties as security for the repayment of such ad vances.

(2) Letter of hypothecation accom- panying a bill of exchange. MORTGAGE OF CROP including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crap 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/-

for every Rs. 200/- or part thereof ' secured in excess of ;

(b) when the loan is repayable more than three months, but not more than eighteen months from the date instrument. The same duty on a convev

yance (No. 23) for a considera- tion equal to the amount

secured by such deed.

The same duty as a Bond;

(No. 15) the amount secnreti. by such -deed.

One rupee and eighty paise.

One rupee and eighty pahe

only. '

Thirty paise.

Thirty paise.

Fortyeight paise.

17

42. NOTAREAL ACT, that is to say, any Instru- l 2

Three rupees and sixty paise.

ment endorsement,note attestation, certifi- ' cate, or entry not being a PROTEST (No. 50) made or signed by a Notary Public .§ in the execution of the dutiesof his office or by any other person lawfully acting as a - Notary PuinC.

See also protest of Bill or Note (No. 50). 43' *** ***

44. *** *** 55;;

451'" PARTITION Instrument of (as defined by section 2 (15). NB. The largest share remaining after the property is partitioned (or if there are two or more shares of ' equal value and not smaller than (a)

(b)

any of the other shares, then one of such equal shares) shaii be deemed to be that from which the other shares are separated. Provided always that—

When an instrument of partition containing an agreement to divide property in severally is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partititn shall be reduced by the amount of duty paid in respect of the first instru— ment but shall not be less than two rupees.

Whereland is held on revenue settlement for a period not excee- ding 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.

ww-

***

The same duty as 0. Bond (No. 15) for the amount of the value of the separated 5113"? wt shares of the property.

1

'18 ' 1

46.

A.

B.

47.

(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 stamped 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 instru- ment shall not exceed two rupees.

PARTNERSHIP

Instrument of

(a) where the capital or the partnership does not exceed Rs. 1,000/-

(b) in any other case. DISSOLUTION of

PAWN OR PLEDGE-See Agreement relating to Deposit of title-deeds, Pawn or Pledge (No. 6)

POLICY OF INSURANCE— '

A-SE-A INSURANCE (See Section 7) if drawn singly.

(i) for or upon any voyage

(ii) where the premium or consi- deration does not exceed the rate of one eight per centum of the amount insured by policy.

(iii) in any other case, in respect of every full sum of one

thousand five hundred rupees and also any fractional part of one thousand five hundred rupees iiiSUred by the policy.

(2) for time—

(iii) in respect'of every full sum 'of one thousand rupees and also any fractional part of one thou- sand rupees insured by the

policy.

where the insurance shall be made for any time not exceeding Six months.

The same duty as a Bond (No.45). Fortyeight -rupees.

Twentyfour rupees.

If drawn in duplicate for eaeh part. '12 paise. Six paise.

12 paise. Six paise.

Eighteen paise.Twe1ve paisb.

18

19

1

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

(FIRE INSURANCE AND OTHER

CLASSES OF INSURANCE, NOT

ELSEWHERE; lNCLUDING IN THE ' ARTICLE, COVERING GOODS, MERCHANDISE, PERSO-

NAL EFFECTS, CROPS, AND

OTHER PROPERTY AGAINST

LOSS OR DAMAGE.

(1) ' in respect of an original policy

(i) when the sum insured does not exceed Rs. 5,000/-

(ii) in any other case.

(2) In respect of each receipt for any payment of a premium on any renewal of an original policy.

CCIDENT AND

JSURANCE—

SICKNESS

(a) against railway aceident, valiii for a single journey only.

EXEMPTIONS

When issued to a passenger, travelling by the intermediate under 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 thereof.

Thirty paise. Eighteen paise. Sixty paise.

One rupee twenty paise. One half of the duty payable in respect of the original policy in addition to the amount if any, chargeable, under N0. 53. Twelve paise.

Eighteen paise. Provided that, in case of policy of insurance against death by accident when the annual premium payable does not exceed ' Rs. 2.50 per Rs. 1000/- the duty on such instrument shall be twelve .paise for every Rs. 1,000/- or part thereof of the maximum amount which may become payable underit. \

3.

2O

1

(CC—INSURANCE BY WAY OF INDEMNITY against ability to pay damages on account of accident's to workmen employed by or under the insurer or against liability to pay compensation under, the Workmen's Compensation Act, 1923, (80f1923) for every Rs. 100/- or part thereof payable as premium).

' l. (D-LIFE INSURANCE OR GROUP INSURANCE OR OTHER INSU-

RANCE NOT SPECIFICALLY

PROVIDED FOR except such a REINSTRANCE as is described in Division of this article—

(i) for every sum insured not exceeding Rs. 250/- ;

(ii) for every sum insured excee-' ding Rs. 250/- but not excee- ding Rs. 500/—.

(iii) for every sum insured excee- ding Rs. 500/-'but not excee- ding Rs. 1,000/- or part there- of in exceed of Rs. 1,000/-

(

EXEMPTION

Policies of life insurance granted by the Director General of Post Offices in accordance with rules for postal Life Insuranceissued under authority of the Central Government. E~RE-INSURANCE BY AN INSU- RANCE COMPANY, which has gran- ted a Policy of the nature specified in Division A or Division B of this Article with another company by way of indemnity or guarantee against the payment on the original insurance of a certain part of the sum insured thereby.

2

Twelve paise. If drawn in duplicate for each part. If drawn singly. Eighteen paise. Twelve paise. Thirty paise. Eighteen paise. Twentyfour

paiSe.

Fortyeight paise.

NB. 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 so incurred. One quarter of the duty payable in respect of the original insurance but not less than twelve paise or more than one rupee twenty~ five paise. Provided that, if the total amount of duty payable is not a multiple of five paise, the total amount shall be rounded - up to the next higher multiple of five paise.

20

21

U I , 1 2

GENERAL EXEMPTION

Letter_ of cover or engagement to issue a policy of insurance.

Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall be claimable thereunder, nor shall it be available {'Or any purpose, except to compel the delivery of the policy therein mentioned.

POWER OF ATTORNEY

(as defined by section) 2121) not being a proxy—

(a) when executed for the sole One rupee eighty paise. pUrpose of procuring the

registration of one or more

documents in relation to a

single transactions or for ad-

mitting exeCution of one or

more such documents.

*** ***

(c) when authorizing one person Three rupees sixty paise. ' or more to act in single

transactions other than the

case mentioned in clause (a)

(d) when authorizing not more Eighteen rupees. than five persons to actjointly

and severally in more than

one transaction or generaiiy;

(e) when authorizing mOre than Twenty four rupees. five pel'S'uilb but nor more than

ten persons to act jointly and

severally in more than one

transaction or generally;

(2") when gi'vsn For consideration The same duty as a conveyance and authorizing the attorney to (No. 23) for the amount of the sell any immovable property; consideration.

(g) in any other case. (Three sixty paise) Three rupees sixty paise for each person autho-

rised.

Explanation—for the purposes of this NB. The term "Registration" in- Articles more person: than one when eluded every operation incidental belonging to the firm shall be deemed to registration under the Indian to be one pers0n. Registration Act, 1908 (Act XVI) of 1908.

22

1

'49. A15ROMISSORY NOTE (as defined by section 2(2).

50.

51.

52.

53.

54.

55.

56.

RECONVEYANCE OF MORTGAGED

PROPERTY (3) if the consideration for (b)

(a) when payable on demand—

(i) When the amount or value does not exceed Rs. 2501-;

(ii) when the amount or value exceeds Rs. 250/-, but does not exceed Rs. 1,000/-

(iii) in any other case.

(b) when payable otherwise than on demand.

*** ***

*** ***

*** ***

*** ***

which the property was mortgaged does not exceed Rs. 1000/—. in any other case.

RELEASE, that, is to say, any instru- ment 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 preperty.

(a)

(b)

if the amount or value of the claim does not exceed Rs. 1000/-. in any other case.

*** ***

57. SECURITY B 0ND OR MORTGAGE

DEED, executed by way of security for the due execution of an ofiice or to account for money or other property received by, Virtue thereof, or executed by a surety to secure the due perfo- mance of a contract—-

(a) whentheamount secureddoes not exceed Rs. 1000/-.

(b) in any other case. Twelve paise.

Eighteen paise.

Thirty paise.

The same duty as a Bill of Ex- change (No. 13) for the same amount payable otherwise than on demand.

***

***

***

***

The same duty as a conveyance (No. 23) for the amount of such consideration as set forth in the reconveyance.

Thirty six rupees.

The same duty as a Bond (No. 15) for such amount or value as set forth in release. Eighteen rupees.

***

The same duty as a Bond (No.15) for the 31110th secured. Eighteen rupees.

23

1 2

' EXEMPTIONS l ' Band or other instrument, when executed—

(a) by headmen nominated under rules framed in accordance with the Bengal Irrigation ACt, 1876 (Ben Act III of 1876) section 99, for the due performance of their du- ties 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 any other hospital, or any other object of public utility, shall not be less than a specified sum per mensem.

(c) under N0. 3 A of the rules made by the Governor of Bombay in Council, under section 70 of the Bombay Irrigation Act, 1879 (Bom. Act. VII of 1879).

(d) executed by persons taking ad- vances under the Land Improve- ment Loans Act, 1883 (Act XIX of 1883) or the Agriculturists Loans Act, 1834, (Act XH of 1884) or by their snreties, as security for the repayment of such ad- vances.

(e) executed by ofiicers of Government or their sureties to scour: the due execution of an office, or the due accounting for money or other property received by virtue thereof.

58. SETTLEMENT— A. Instrument of (includinga deed Of The same duty as a conveyance dower'z- (No. 23) for a sum equal to the

amount or value of the property

settled as set forth in such settle—

ment: Provides that, where as agree—

ment to settle is stamped with

the stamp, required for an instru-

ment of settlement, and' instru-

ment of settlement in pursuance

of such agreement is subsequently

executed, the duty on such 'instru-

ment shall not exceed one rapee

eighty paise.

24

59.

60.

61.

63.

64.

_. .. 7—7 .» 4. 1 . .» ,

EXEMPTIONS

(a) Deed of dower executed on the oceasion of a marriage between Muhammadans.

(b) Hudassa, that is to say, any settle- ment of immovable property execu- ted by a Budhist in Burma for a religious purpose in which no value has been specified and on which a duty of Rs. lG/- has been paid. B. Revocation of—

See also Trust (No. 64).

*

* *

SURRENDER OF LEASE—

(a) when the duty with which the lease is chargeable, does not exceed seven rupees and fifty paise.

(b) in any other case.

EXEMPTIONS

Surrender of lease; when such lease is exempted from duty.

* *

TRANSFER OF LEASE BY WAY OF

assignment, and not by way of under lease,

EXEMPTIONS

Transfer of any lease exempt f'r'om duty. TRUST-~

A—DECLARATION OF—of or con-

cerning, any property when made by any writing not being a Will. The same duty as a conveym

(No. 23) for a sum equal to the» amount or value of the property concerned, as set forth in the ins- trument of Revocation, but not exceeding thirty rupees.

*

The duty with which such lease is chargeable.

Eighteen rupees.

The-same duty as a conveyance (No.23) for a consideration eqnai to the amount of the consideration for the ransfer.

The same duty as a Bond (No. 15) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding six rupees.

25

l 2 B—REVOCATION-of, or concerning The same duty as Bond (No. 15) any property when made by any ins- for sum equal to the amount or Imam 0'13: than a WILL. value of the property concerned, as set forth in the instrument, but

not exceeding 'twenty four rupees.

See also Settiement (No. 58)

V'ALL'ATION—See Appraisement (No. 8).

WARRANT FOR GOODS, that is .One rupee and twenty paise. to say, any instrument evidencing the

mi: of any person therein named,

or his assigns. or the holder thereof,

to the property in any goods lying in

or ann any dock, warehouse or Wharf,

such instrument being signed or cer-

tified by or on behalf of the person

in whose custody such goods may be.

25

SECTIONS