Stamp Duty on Legal Documentation

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Stamp Duty is a type of tax which needs to paid to a government under the provisions of Indian Stamp Act 1899 and Bombay Stamp Act 1958.Each and every state enacted its own rule and fixed its own rates.

The Indian Stamp Act, 1899 (2 of 1899) is a fiscal statute laying down the law relating to tax levied in the form of stamps on instruments recording transactions. Briefly, the scheme relating to stamp duties, provided for in the Constitution is as follows:-

  1. Stamp duties on documents specified in Entry 91 of  the Union List (viz. Bills of Exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts) are levied by the Union. Under Article 268, State, in which the Stamp duty is collected, retains the proceeds except in the case of Union Territories in which case the proceeds form part of the Consolidated Fund of India.  At present duty is levied on all these documents except cheques.
  2. Stamp duties on documents other than those mentioned above are levied and collected by the States by virtue of the legislative entry 63 in the State List in the 7th Schedule of the Constitution;
  3. Provisions other than those relating to rates of duty (which fall within the scope of Entry 91 of the Union List and entry 63 of the State List mentioned above) fall within the legislative power of both the Union and the States under Entry 44 of the Concurrent List in the 7th Schedule which reads as under:-“44 Stamp duties other than duties or fees collected by means of judicial  stamps, but not including rates of stamp duty”

  4. The object of the Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. On sale deeds stamp duty is impose on actual market value of such property and not on the value described in the conveyance. Thus, there is an obligation cast on the Authority to properly ascertain its true value for which he is not bound by the apparent tenor of the instrument.

BULLET 2All documents like affidavit, lease, memorandum and articles of association, bills of exchange, bond, mortgage, receipt, debenture, share, insurance policy, partnership deed are required to be stamped..

BULLET 2Stamp duty should be paid before or at the time of execution. Affixing of stamp after execution is invalid. However, Section 10A allows payment of cash into Government Treasury when there is shortage of stamps in any district or stamps of required denominations are not available, within four months from the date of its execution or first execution

BULLET 2Sections 20 to 28 of ISA contain provisions for calculating the value of the subject matter of an instrument for the purpose of determining the stamp duty payable. Thus, where the valuation of an instrument is expressed in foreign currency, Section 20 enables conversion of the value to be made into Indian Currency for calculating the duty leviable.

BULLET 2 Section  32 provides to give a person who is in doubt about the stamp duty attracted on an Instrument the facility of getting the duty determined authoritatively by the Collector. The Section empowers the Collector to determine the duty on an instrument brought to him, whether it is already stamped or not, and executed or not. The power vested in the Collector is to be exercised subject to the proviso to Section 32, that is, within the time limit prescribed therein.

BULLET 2Section 33 provides for the impounding of instruments not duly stamped. It imposes an obligation on Courts and public officers to examine every document produced or coming before them to ascertain, in case such document attracts stamp duty, whether it has been duly stamped. The main object of this Section is to protect the revenue, and the Court or Public Officer authorised by this section must exercise the powers under this section suo moto.

BULLET 2Section 47A applies to Conveyance, Exchange, Gift, Partition, Settlements, Release deeds, Agreement relating to constructions, development or sale of any immovable property. The Stamp duty in respect of Sales is payable on the consideration or the market value of the property conveyed whichever is higher. In respect of Gifts, Exchanges, Partition, Release falling under Art.46A&B, it is payable on the Market value of the property. If it is not so paid, the Registering Officer shall make a reference to the Collector under Section 47-A before registering the document. The Collector determines the market value after following the procedure prescribed and collect the difference in duty if any. If the party is aggrieved, he can appeal to the civil court.


ARROW 2

STAMP DUTY IN RESPECT OF CERTAIN IMPORTANT  DOCUMENTS IN ANDHRA PRADESH

RATE OF STAMP DUTY       arrow-1
SALE 5%
SALE AGREEMENT CUM GPA 5%
DEVELOPMENT AGREEMENT CUM GPA 1%
DEVELOPMENT/CONSTRUCTION AGREEMENT 0.5% of MV of Land and Construction
PARTITION AMONG FAMILY MEMBERS 1%
PARTITION AMONG CO OWNERS 1%
RELEASE 3%
SETTLEMENT AMONG FAMILY MEMBERS 2%
SETTLEMENT TO OUTSIDE FAMILY MEMBERS 3%
MORTGAGE 4% with possession 0.5% with out possession
DEPOSIT OF TITLE DEEDS 0.5% subjected to maximum of Rs50,000/-
GENERAL POWER OF ATTORNEY( Art 42) to family member Rs 1000/-, other 1%
SPECIAL POWER OF ATTORNEY Rs 20/-
WILL No Stamp required
LEASE : 1to 5 years – 0.4%, 6 to 10years- 1%, 11 to 20yeaars – 6%, 21 to 30 years – 15%, more than 30 years -3% on the MV

Indian stamp act as applicable in Madhya Pradesh

Indian stamp act as applicable in States of Punjab & Haryana 

Indian stamp as applicable in Uttarakhand

Rate of Stamp Duty in West Bengal


The Bombay Stamp Act, 1958

Schedule I
Stamp Duty On Instruments

1. ACKNOWLEDGEMENT of–
(1) a debt written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker’s pass book) or on a separate piece of paper when such book or paper is left in the creditor’s possession, and the amount or value of such debt–

(a) exceeds rupees 100 but does not exceed rupees 1,000; Twenty paise.
(b) exceeds rupees 1,000 but does not exceed rupees 5,000; Fifty paise.
(c) exceeds rupees 5,000 but does not exceed rupees 10,000; and, One rupee.
(d) for every rupees 10,000 or part thereof in excess of rupees 10,000. One rupee subject to a maximum of fifty rupees

(2) a letter, article, document, parcel, package or consignment, of any nature or description whatsoever or by whatever name called, given by a person, courier company, firm or body of persons whether incorporated or incorporated to the Sender of such letter, article, document, parcel, package or consignment
One rupee for every rupees one hundred or part thereof of the amount charged therefore;
STAMPS TO BE USED — Adhesive u/s 11

2. ADMINISTRATION BOND, including a bond given under section 6 the Government Savings Banks Act, 1873(V of 1873) or the Indian Succession Act, 1925, XXXIX of 1925)–
(a) where the amount does not exceed rupees 2,500; The same duty as Bond (Article 13)
for such amount.
(b) in any other case. Fifty rupees.
STAMPS TO BE USED — Non-Judicial Stamp Paper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stamp Affixed by Proper Officer under Rule 11.

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.  [Two hundred rupees.]
STAMPS TO BE USED — Non-Judicial Stamp Paper (NJ) under Rule 6 or Impressed Label/Special Adhesive Stamp affixed by Proper Officer under Rule 11.

  1. AFFIDAVIT, that is to say, a statement in writing
    purporting to be a statement of facts, signed by the
    person making it and confirmed by him on oath or, in
    the case of persons by law allowed to affirm or
    affirm or declare instead of swearing, by affirmation.
    Twenty rupees.
    Exemptions
    Affidavit or declaration in writing when made —
    (a) as a condition of enrolment under the Air Force
    Act, 1950, (XLV of 1950) the Army Act, 1950
    (XLVI of 1950) or the Navy Act, 1957 (LXII of
    1957);
    (b) for the immediate purpose of being filed or used
    in any Court or before the officer of any Court; or
    (c) for the sole purpose of enabling any person to
    receive any pension or charitable allowance.
    STAMPS TO BE USED — Non-Judicial Stamp Paper
    (NJ) under Rule 6 or
    Impressed Label/Special Adhesive Stamp affixed by
    Proper Officer under Rule 11.
  2. AGREEMENT OR ITS RECORDS OR
    MEMORANDUM OF AN AGREEMENT–
    (a) if relating to the sale of a bill of exchange; One rupee for every rupees 10,000
    or part thereof.
    (b) if relating to the purchase of sale of a
    Government security;
    One rupee for every rupees 10,000
    or part thereof of the value of the
    security at the time of its purchase
    or sale, as the case may be subject to a maximum of rupees one
    thousand.
    (c) if relating to the purchase or sale of shares, scrips,
    stocks, bonds, debentures, debenture stocks or any
    other marketable security of a like nature in or of any
    incorporated company or other body corporate–
    (i) when such agreement or One rupee for every rupees 10,000
    or part thereof of the value of the
    security at the time of its purchase
    or sale, as the case may be.
    (ii) in any other case; One rupee for every rupees 10,000
    or part thereof of the value of the
    security at the time of its purchase
    or sale, as the case may be.
    (d) if relating to the purchase or sale of cotton; One rupee for every unit of
    transaction of 4500 kilograms or
    part thereof.
    (e) if relating to the purchase or sale of bullion or
    species;
    (a) One rupee for every unit of 50
    kilograms of silver or part thereof.
    (b) One rupee for every unit of 1
    kilogram of gold or part thereof.
    (c ) One rupee for every unit of 100
    sovereigns or part thereof.
    (f) if relating to purchase or sale of oil seeds; One rupee for every 10,000
    kilograms of oil seeds, or part
    thereof.
    (g) if relating to the purchase or sale of yarn of any
    kind, non-mineral oils or spices of any kind;
    One rupee for every Rs. 10,000 or
    part thereof of the value of yarn of
    any kind, non-mineral oils or spices
    of any king, as may be specified by
    the State Government by
    notification in the Official Gazette.
    (g-a) if relating to giving authority or power to a
    promoter or a developer, by whatever name called,
    for construction on, development of or, sale or
    transfer (in any manner whatsoever) of, any
    immovable property.
    Five rupees for every five hundred
    rupees or part thereof of the market
    value of the property:
    Provided that, the provisions of
    section 32A shall, mutatis
    mutandis, apply to such agreement,
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    records thereof or memorandum, as
    they apply to an instrument under
    that section:
    Provided further that, if the proper
    stamp duty is paid under clause (g)
    of article 48 on a power of attorney
    executed between the same parties
    in respect of the same property
    then, the stamp duty under this
    article shall be one hundred rupees.
    (g-b) Omitted
    (g-c) Omitted
    (g-d) if relating to transfer of tenancy of immovable
    property, for every square meter of the area of the
    tenanted property the right of tenancy in which is the
    subject matter of transfer and situated Within the
    limits of–
    (i) the Municipal Corporation of Greater Bombay–
    (A) for the purpose of non -residential use of any
    nature whatsoever;
    [Two thousand rupees].
    (B) for the purpose of residential use; 3.[Two hundred rupees.]
    (ii) the Municipal Corporations of the Cities of
    Thane, Pune, Nagpur and Navi Mumbai–
    (A) for the purposes of non-residential use of any
    nature what-soever;
    4.[One thousand rupee].
    (B) for the purpose of residential use; 5.[One hundred rupees].
    6.[(iii) any Municipal Corporations other than those
    Municipal Corporations mentioned in columns (i)
    and (ii)–

(A) for the purpose of non -residential use of any
nature whatsoever;
Four hundred rupees.
(B) for the purpose of residential use; fifty rupees.
(g-e) if relating to hire-purchase Same duty as is payable under
Article 36.
Explanation I. – Omitted
Explanation II. – Omitted
(h) if not otherwise provided for. Twenty rupees.
Exemptions
Agreement or its records or Memorandum of
Agreement–
(a) for or relating to the purchase of sale of goods or
merchandise exclusively, not being an agreement or
memorandum of agreement chargeable under entry
(d), entry (e), entry (f) or entry (g) of this Article or a
note or memorandum chargeable under Article 43;
(b) Omitted
(c) Omitted
AGREEMENT TO LEASE : See Lease (Article 36).
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
for Art. 5 (g-a) & (g -d)
for Art. 5 (a) to (g) adhesive under section 11
for Art. 5 (h) impressed stamp under Rule 6
6. AGREEMENT RELATING TO DEPOSIT OF
TITLE DEEDS, PAWN, PLEDGE, OR
HYPOTHECATION, that is to say, instrument
evidencing an agreement relating to–
*1. [(1) The deposit of title deeds or instrument
constituting or being evidence of the title to any
property whatever (other than a marketable security),
where such deposit has been made by way of security
The same duty as is leviable on a
mortgage deed underclause (b) of
Article 40.

for the repayment of money advanced or to be
advanced, by way of loan or an existing or future
debt–
(2) The pawn, pledge, or hypothecation of movable
property, where such pawn, pledge or hypothecation
has been made by way of security for their repayment
of money advanced or to be advanced by way of loan
or an existing or future debt–
The same duty as is leviable on a
mortgage deed under clause (b) of
Article 40.
*1.[Explanation I.–For the purposes of clause (1) of
this Article, notwithstanding anything contained in
any judgment, decree or order of any court or order
of any authority, any letter, note, memorandum or
writing relating to the deposit of title deeds whether
written or made either before or at the time when or
after the deposit of title deeds is effected, and
whether it is in respect of the security for the first
loan or any additional loan or loans taken
subsequently, such letter, note, memorandum or
writing shall, in the absence of any separate
agreement or memorandum of agreement relating to
deposit of such title deeds, be deemed to be an
instrument evidencing an agreement relating to the
deposit of title deeds.]
Exemption
(1) Omitted
(2) Letter of hypothecation accompanying a bill of
exchange.
*2 [Explanation II]– For the purposes of this Article,
the maximum duty of ten lakh rupees shall be
leviable for a single instrument involved in a one
time transaction. Instrument of other or subsequent
transaction in respect of the same property or of
renewal clause in the same instrument shall be
treated as a fresh instrument.]
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.

7. APPOINTMENT IN EXECUTION OF A POWER;
where made by any writing not being a will–
(a) of trustees. One hundred rupees.
(b) of property movable or immovable. Two hundred and fifty rupees.
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
8. APPRAISEMENT OR VALUATION, made
otherwise than under an order of the court in the
course of a suit.
Exemption
(a) Appraisement on 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.
Same duty as per Bond (Article 23)
subject to maximum of fifty rupees.
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
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, not being of article
of clerkship (Article 11).
Fifty rupees.
Exemption
Instrument of apprenticeship executed under the
Apprentices Act, 1961, or by which a person is
apprenticed by or at the charge of any public charity.
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
10. ARTICLES OF ASSOCIATION OF A COMPANY- One thousand rupees for every
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– rupees 5,00,000 or part thereof,
1.[subject to a maximum of Rs.
50,00,000].
Where the Company has no share capital or nominal
share capital or increased share capital.
Exemption
Articles of any association not formed for profit and
registered under section 25 of the Companies Act,
1956 See also Memorandum of Association of a
Company (Article 39).
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
No. Mundrak. 1094/2229/CR-450-Mi, dated 2nd
August, 1994 – In exercise of the powers conferred
by clause (a) of section 9 of the Bombay Stamp Act,
1958 (Bom. LX of 1958), the Government of
Maharashtra, having satisfied that it is necessary to
do so in the public interest, hereby reduces, with
effect from the 1st August, 1994, the maximum duty
chargeable on Articles of Association of a Company
under Article 10 of Schedule I of the said Act, to Rs.
Twenty-five lakhs.
11. ARTICLES OF CLERKSHIP or contract whereby
any person first becomes bound to serve as a clerk in
order to his admission as an Attorney in any High
Court
Seven hundred and fifty rupees.
ASSIGNMENT, See Conveyance (Article 25),
Transfer (Article 59) and Transfer of lease (Article
60), as the case may be.
ATTORNEY, See entry as an Attorney (Articles 31)
and Power of Attorney (Article 48).
AUTHORITY TO ADOPT, See Adoption Deed
(Article 3).
STAMPS TO BE USED — Non-Judicial Stamp Paper
(NJ) under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.

  1. AWARD, that is to say, any decision in writing by an
    arbitrator or umpire, on a reference made otherwise
    than by an order of the Court in the course of a suit,
    being an award made as a result of a within
    agreement to submit, present or future differences to
    Arbitration but not being an award directing a
    partition–
    (a) on the amount of value of the property to which
    the award relates as set forth in award.
    The same duty as Bond (Article
    13), subject to a maximum of One
    hundred rupees.
    (b) in any other case. One hundred rupees.
    Exemption
    Award under section 18 of the Bombay Hereditary
    Offices Act, 1874 (Bom III of 1874) or section 330
    of the Maharashtra Municipalities Act, 1965 (Mah.
    XL of 1965).
    STAMPS TO BE USED — Non-Judicial Stamp Paper
    under Rule 6 or Special Adhesive Stamp affixed by
    Proper Officer under Rule 11.
    13 BOND not being a debenture and not being
    otherwise provided for by any provisions of this Act
    (whether or not such provisions relate to any
    particular types of Bonds), or by the Bombay Courtfees
    Act, 1959 (Bom. XXXVI of 1959) for every
    rupees five hundred or part thereof.
    *1.[Five rupees.]
    Exemption
    Bond when executed by any person for the purpose
    of guaranteeing that the local income derived from
    private subscriptions or a charitable dispensary or
    hospital or any other object of public utility shall not
    be less than a specific sum per mensem.
    STAMPS TO BE USED — Non-Judicial Stamp Paper
    under Rule 6 or Special Adhesive Stamp affixed by
    Proper Officer under Rule 11.
    14 BOTTOMRY BOND, that is to say, any instrument
    whereby the master of a seagoing ship borrows
    money on the security of the ship to enable him to
    preserve the ship or prosecute her voyage.
    The same duty as a Bond (Article
    13) for the same amount.

STAMPS TO BE USED — Non-Judicial Stamp Paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
15. CANCELLATION–Instrument of, if attested and not
otherwise provided for.
1.[One hundred rupees.]
Exemption Instrument revoking a Will.
STAMPS TO BE USED — Non-Judicial Stamp Paper
under Rule 6 or Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
16. 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 or any other officer empowered by
law to sell property by public auction.
The same duty as is leviable on a
Conveyance under clause (a), (b)
(c), or (d) as the case may be, of
Article 25 on the market value of
the property.
STAMPS TO BE USED — Non-Judicial Stamp Paper
under Rule 6 or Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
17 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, scrop or
stock in or of, any such company or body.
One rupee for every one thousand
rupees or a part thereof, of the
value of the shares, scrip or stock.
See also Letter of Allotment of Shares (Article 37);
Explanation.- For the purpose of this Article, the
value of shares, scrip or stock includes the amount of
premium, if any.
STAMPS TO BE USED — Adhesive Stamp (Section
11). In Case Duty Exceeding Re. 1 by Impressed
Stamp Fixed by Proper Officer
18. CHARTER-PARTY, that is to say, any instrument
(except an agreement for the hire of tug steamer)
whereby a vessel or some specified principal part
thereof is let for the specified purposes of the
charterer, whether it includes a penalty clause or not.
Twenty rupees.
STAMPS TO BE USED — Non-Judicial Stamp Paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.

19. (1) CLEARANCE LIST relating to the transactions
for the purchase or sale of Government securities
submitted to the clearing house of a stock exchange.
The sum of duties payable under
Article 5(b) or 43(g), as the case
may be, in respect of each of the
entries in such list on the value of
the securities calculated at the
making up price or the contract
price, as the case may be.
(2) CLEARANCE LIST, relating to the transactions
for the purchase or sale of a share, scrip, stock, bond,
debenture, debenture stock or other marketable
security of a like nature in or of an incorporated
company or other body corporate, submitted to the
clearing house of stock exchange recognized under
the Securities Contracts (Regulation) Act, 1956,
(XLIII of 1956).
The sum of duties payable under
Article 5(c)(I) or 43(f) as the case
may be, in respect of each of the
entries in such list on the value of
the securities calculated at the
making up price or the contract
price, as the case may be.
(3) CLEARANCE LIST, relating to the transactions
for the purchase or sale of a share, scrip, stock, bond,
debenture, debenture stock or other marketable
security of a like nature in or of an incorporated
company or body corporate, submitted to the clearing
house of a stock exchange, not recognised under the
Securities Contract (Regulation) Act, 1956, (XLIII of
1956).
The sum of duties payable under
Article 5(c)(ii) or 43(f) as the case
may be, in respect of each of the
entries in such list on the value of
the securities calculated at the
making up price or the contract
price, as the the case may be.
STAMPS TO BE USED — Impressed Labels (Rule
11) or Special Adhesive Stamp affixed by Proper
Officer under Rule 19.
20. CLEARANCE LIST, relating to the transactions for
the purchase or sale of cotton submitted to the
clearing house of a Cotton Association.
The sum of duties payable under
Article 5(d) or 43(a), as the case
may be, in respect of each of the
entries in such list on the units of
transactions or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule
11) or Special Adhesive Stamp affixed by Proper
Officer under Rule 19.
21. CLEARANCE LIST, relating to the transactions for
the purchase or sale of bullion or species submitted to
the clearing house of a Bullion Association.
The sum of duties payable under
Article 5(e) or 43(b), as the case
may be, in respect of each of the
entries in such list on the units of
transactions or part thereof.
indlaw.com
STAMPS TO BE USED – Impressed Labels (Rule
11) or Special Adhesive Stamp affixed by Proper
Officer under Rule 19.
22. CLEARANCE LIST, relating to the transaction for
the purchase or sale of oil seeds submitted to the
clearing house of an Oil seed Association.
The sum of duties payable under
Article 5(f) or 43(c), as the case
may be, in respect of the entries in
such list on the units of transactions
or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule
11) or Special Adhesive Stamp affixed by Proper
Officer under Rule 19.
23. CLEARANCE LIST, relating to the transactions for
the purchase or sale of yarn of any kind, non-mineral
oils or spices of any kind.
The sum of duties payable under
Article 5(g) or 43(d), as the case
may be, in respect of each of the
entries in such list on the units of
transactions or parts thereof.
STAMPS TO BE USED – Impressed Labels (Rule
11) or Special Adhesive Stamp affixed by Proper
Officer under Rule 19.
24. 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.
1.[Two hundred rupees.]
STAMPS TO BE USED — Non-Judicial Stamp Paper
under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
25. CONVEYANCE (not being a transfer charged or
exempted under Article 59)–
On the true market value of the property which is the
subject matter of the Conveyance,–
(a) 2.(i) Instrument of Securitisation of loans or of
assignment of debt with underlying securities, for
Fifty paise subject to a maximum
of rupees one lakh every five hundred rupees or part thereof , of the loan
securtised or debt assigned with underlying securities
(ii) Instrument of assignment of receivables in
respect of use of credit cards, for every five five
hundred rupees or part thereof
Two rupees and fifty paise]
(b) if relating to immovable property situated within
the limits of:–
Thirty-five rupees.
(i) any rural area, falling within the limits of the
Bombay Metropolitan Region as defined in clause (b)
of section 2 of the Bombay Metropolitan Region
Development Authority Act, 1974, for every rupees
500 or part thereof;
(i-a) any rural area, excluding the rural area referred
to in sub -clause (i)–
(A) if such property is residential, for every rupees
500 or part thereof.
Five rupees.
(B) 1. [***]
2.[(C ) if such property is non-residential for every
rupees 500 or part thereof;
Fifteen rupees.]
(ii) C’ Class Municipal Councils (other than those of
such Municipal Councils falling within the limits of
the Bombay Metropolitan Region), Hill Station
Municipal Councils other than those
Twenty rupees.
(iii) B’ Class Municipal Councils (excluding
Lonavala Municipal Council and the areas of those of
such Municipal Councils falling within the limits of
the Bombay Metropolitan Region) and Cantonment
of Kamptee, for every rupees 500 or part thereof.
Twenty-five rupees.
(iv) A’ Class Municipal Councils excluding the areas
of those of such Municipal Councils falling within
the limits of the Bombay Metropolitan Region but
including Cantonment of Ahmednagar, for every
rupees 500 or part thereof.
3.[Forty Five rupees]
(ii) Mahabaleshwar Hill Station Municipal Council, 4
[Forty Five rupees]

Panchgani Hill Station Municipal Council Panhala
Hill Station Municipal Council and Matheran Hill
Station Municipal Council, for every rupees 500 or
part thereof; part thereof.
(v) Municipal Corporations [excluding those
Municipal Corporations and other areas referred to in
sub-clause (vi)], the ‘A’, ‘B’ and ‘C’ Class Municipal
Councils falling within the limits of the Bombay
Metropolitan Region and Cantonments of Devlali,
Dehu Road and Aurangabad, for every rupees 500 or
part thereof.
Forty rupees
(vi) (a) Municipal Corporation of Greater Bombay,
and
(b) Municipal Corporation of the Cities of–
(I) Pune, including the Cantonments of Pune and
Kirkee.
(ii) Thane, including Local areas within the limits of
Revenue villages of Uttan, Dongaris, Rai Murdhi,
Bhainder, Mire, Kashi, Ghodbunder, Versava, Chene,
Ovale, Wadavali, Kavesar, Kolshet, Balkum,
Borivade, Majiwade Chitalsar, Manpada, Chendani,
Panch- Pakhadi and yeour;
Fifty rupee
(iii) Navi Mumbai,–
For every rupees 500 or part thereof;
(c) if relating to both movable and immovable
property
The same duty as is payable under
clauses (a) and (b).
(d) (1) if relating to residential premises consisting of
building or unit —
(A) by, or in favour of, a co-operative housing
society registered or deemed to have been registered
under the Maharashtra Co-operative Societies Act,
1960 (Mah. XXIV of 1961); or
(B) to which the provisions of the Maharashtra
Ownership Flats (Regulation of Promotion of
Construction, Sale, Management and Transfer) Act,
1963, (Mah. XLV of 1963) or the provisions of the
Maharashtra Apartment Ownership Act, 1970, (Mah.
XV of 1971) apply; or
(C) by such society in favour of its member for
incoming member (whether in consequence of
indlaw.com
purchase of its shares or not); or
(D) by a member of such society in favour of another
member and incoming member (whether in
consequence of transfer of its shares to another
member or not);
and the value of which–
(i) does not exceed rupees 1,00,000.
(ii) exceeds rupees 1,00,000 but does not exceed
rupees, 2,50,000.
(iii) exceeds rupees 2,50,000 but does not exceed
rupees 5,00,000.
1,250 rupee plus 3 per cent of the
value above rupees 2,50,000.
(iv) exceeds rupees 5,00,000 but does not exceed
rupees
1
[15,00,000.]
8,750 rupees plus 6 per cent of the
value above rupees 5,00,000.
2.[(v) exceeds rupees 15,00,000. 68,750 rupees plus 8 per cent of the
value above rupees 15,00,000];
(2) If relating to land for construction payable of
residential premises and falling under the description
in items (A), (C) or (D) or sub-clause (1).
The same duty as is payable under
sub-clause (1),;
3.[(da) if relating to the order of High Court in respect
of the amalgamation or reconstruction of companies
under section 394 of the Companies Act, 1956 or
under the order of the RBI under section 44A of the
Banking Regulation Act, 1949
10 per cent. of the aggregate of the
market value of the shares issued or
allotted in exchange or otherwise
and the amount of consideration
paid for such amalgamation:
Provided that, the amount of duty,
chargeable under this clause shall
not exceed,–
(i) an amount equal 7 per cent of
the true market value of the
immovable property located within
the State of Maharashtra of the
transferor company; or
(e) Omitted
Exemption Assignment of copyright under the
Copyright Act, 1957 (IXV of 1957).

Explanation I.–For the purposes of this article, where
in the case of agreement to sell an immovable
property, the possession of any immovable property
is transferred or agreed to be transferred to the
purchaser before the execution, or at the time of
execution, or after the execution of, such agreement
[* * *] then such agreement to sell shall be deemed to
be a conveyance and stamp duty thereon shall be
leviable accordingly:
Provided that, the provisions of section 32A shall
apply mutatis mutandis to such agreement which is
deemed to be a conveyance as aforesaid, as they
apply to a conveyance under that section:
Provided further that, where subsequently a
conveyance is executed in pursuance of such
agreement of sale, the stamp duty, if any, already
paid and recovered on the agreement of sale which is
deemed to be a conveyance, shall be adjusted
towards the total duty leviable on the conveyance.
Explanation II.–For the purpose of clause (d),–
(i) unit includes a flat, apartment, tenement, block or
any other unit by whatever name called;
(ii) where a building consists of units used for both
residential and non-residential purposes, then the
concession in duty shall be available in respect of
the value of those units in a building which are used
for residential purposes, and the duty payable in
respect of the units in the building which are used be
at the rates specified in clauses (b) and (c) on the
value of such units;
(iii) the duty payable shall not exceed the amount of
duty payable on such conveyance under clauses (b)
and (c).
Explanation III.–For the purposes of clause (da) the
market value of shares,–
(a) in relation to the transferee company, whose
shares are listed and quoted for trading on a stock
exchange, means the market value of shares as on
the appointed day mentioned in the Scheme of
Amalgamation or when appointed day is not so fixed,
the date of order of the High Court; and
indlaw.com
(b) in relation to the transferee company, whose
shares are not listed/or listed but not quoted for
trading on a stock exchange, means the market value
of the shares issued or allotted with Reference to the
market value of the shares of the transferor company
or as determined by the Collector after giving the
Transferee company an opportunity of being heard.
STAMPS TO BE USED — Non-Judicial Stamp
Paper under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by
Proper Officer under Rule 11.
26. COPY OR EXTRACT, certified to be a true copy or
extract by or by order of any public officer under
section 76 of the Indian Evidence Act, 1872, (I of
1872) and not chargeable under the law for the time
being in force relating to court-fees.
Exemption
(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 a public purpose.
(b) Copy of, or extract from, any register relating to
births, baptisms, namings, dedications, marriages,
divorces, deaths or burials.
(c) Copy of any instrument the original of which is
not chargeable to duty.
STAMPS TO BE USED — Adhesive Stamp Paper as per Rule 13.

27. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid.
The same duty as is payable on the
original, subject to a maximum of
rupees twenty.
STAMPS TO BE USED — Non-Judicial Stamp Paper Rule 6 or Impressed label/Special Adhesive Stamp Paper under Rule 11.

28 CUSTOMS BOND OR EXCISE BOND, that is to
say, any bond given pursuant to the provisions of
any law for the time being in force or to the
directions of any officer of Customs or Excise for, or
in respect of, any of the duties of Customs or Excise
or for preventing frauds or evasions thereof or for
any other matter or thing relating thereto–

(a) where the amount does not exceed rupees 2,500.
The same duty as a Bond (Article
13) for such amount, subject to a
maximum of rupees one hundred.
(b) in any other case One hundred rupees.
DECLARATION OF ANY TRUST, See Trust
(Article 61).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label/Special Adhesive Stamp Paper
under Rule 11.
29. DELIVERY ORDER IN RESPECT OF GOODS,
that is to say, any instrument entitling any person
thereof, to the delivery of any goods lying in any
dock or port, in any warehouse in which goods are
stored, or deposited, on rent or hire, or upon any
wharf, [* * *] when such goods Exceed in value
hundred rupees for every rupees 10,000 or part
thereof.
DEPOSIT OF TITLE-DEEDS, See Agreement
relating to Deposit of Title Deeds, Pawn, Pledge or
Hypothecation (Article 47).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label/Special Adhesive Stamp Paper
under Rule 11.
30. DIVORCE– Instrument of, that is to say, any instrument by which any Person effects the dissolution.
1.[One hundred rupees.]
DOWER–Instrument of, See Settlement (Article 55).
DUPLICATE, See Counterpart (Article 27).
STAMPS TO BE USED — Non – Judicial Stamp Paper Rule 6 or
Impressed Label/Special Adhesive Stamp Paper
under Rule 11.
31. ENTRY OF MEMORANDUM OF MARRIAGE in the register under the Bombay Registration of Marriages Act, 1953, (Bom. V of 1954). Fifty rupees.

STAMPS TO BE USED — Court Fees Stamp Rule 19H and Notification dated 30-4-1974

32. EXCHANGE OF PROPERTY– instrument of–
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, on the market value of
the property of the greatest value.
EXCISE BOND, See Customs Bond or Excise Bond
(Article 28).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label/Special Adhesive Stamp Paper
under Rule 11.
33.
FURTHER CHARGE–Instrument of, that is to say,
any instrument imposing a further charge on
mortgaged property–
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, for the amount of the
further charge secured by such
instrument.
(a) when the original mortgage is one of the
description referred to in clause (a) of Article 40 (that
is, with possession).
(b) when such mortgage is one of the description
referred to clause (b) of Article 40 (that is, without
possession).
(i) if at the time of execution of the instrument of
further charge possession of the property is given
under such instrument.
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, for the total amount of
the charge (including the original
mortgage and any further charge
already made) less the duty already
paid on such original mortgage and
further charge.
(ii) if possession is not so given.
1.[Five rupess for every five
hundred or part thereof for the
amount of further charge secured
by such instrument subject to
minimum of the one hundred
rupees and the maximum of five lakh rupees.]
STAMPS TO BE USED — Non – Judicial Stamp Paper Rule 6 or Impressed Label /Special Adhesive Stamp Paper Rule 11.

34. GIFT, Instrument of –not being a Settlement (Article
55) or Will or Transfer (Article 59).
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, on the market value of
the property which is the subject
matter of the gift.
1.[Provided that, if the property is
gifted to a family member being the
husband, wife, brother or sister of
the donor, then the amount of duty
chargeable shall be at the same rate
as specified in this article or at the
rate of rupees ten for every rupees
five hundred or part thereof on the
market value of the property which
is the subject matter property
which is the subject matter of the
gift, whichever is less.]
HIRING AGREEMENT or agreement for service,
see Agreement (Article 5).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label /Special Adhesive Stamp Paper
Rule 11.
35. INDEMNITY BOND 2. [Two hundred rupees]
INSPECTORSHIP DEED, see Composition Deed
(Article 24).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label /Special Adhesive Stamp Paper
Rule 11.
36. LEASE, including an under-lease or sub-lease and
any agreement to let or sublet or any renewal of lease–
(a) where by such lease, the rent is fixed and no
premium is paid or delivered–
(i) where the lease purports to be for a term not
exceeding 3 years.
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, for the whole amount of
rent payable or the amount of
average annual rent, whichever is
lower.
(ii) where the lease purports to be for a period in
excess of 3 years but not more than 10 years.
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25 on thrice the amount of
average annual rent.
(iii) where the lease purports to be in excess of 10
years but not more than 29 years without a renewal
clause contingent or otherwise.
The same duty as is leviable on
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25 on five times the amount
of average annual rent.
(iv) where the lease purports to be for a period in
excess of 29 years, or in prepetuity, or does not
purport to be for any definite period, or for leases for
a period in excess of 10 years, With a renewal clause
contingent or otherwise.
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, as the case may be, on
ten times the amount of annual
average rent.
(b) where the lease is granted for fine or premium or
money advanced or to be advanced and where no
rent is fixed;
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, on the amount of such
fine or premium or money
advanced or to be advanced.
(c) where the lease is granted for a fine or premium
or money advanced or to be advanced in addition to
rent fixed.
The same duty as is leviable on a
Conveyance under clause (a), (b),
(c) or (d), as the case may be, of
Article 25, on the amount of such
fine or premium or money
advanced or to be advanced, in
addition to the duty which would
have been payable on such lease, if
no fine or premium or advance had
been paid:
Provided that, in any case, where
an agreement to lease is stamped
with ad valorem stamp required for
a lease and a lease in pursuance of
such agreement is subsequently
executed, the duty on such lease
shall not exceed ten rupees.
Explanation I. –Rent paid in advance shall be
deemed to be premium or money advanced within
the meaning of this article even if there is provision
to set it off towards any instalment or instalments of
rent.
Explanation II. –When a leassee undertakes to pay
any recurring charge such as Government revenue,
landlord’s share of cesses, of the owners share of
municipal rates or taxes, which is by law recoverable
fro the lessor, the amount so agreed to be paid by the
lessee, shall be deemed to be part of the rent.
Explanation III – Omitted
Explanation IV – Omitted
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or
Impressed Label/Special Adhesive Stamp Paper Rule
10(ii).
1
[’36A. Leave and Licence Agreement–
(a) Where the leave and licence agreement purports
to be for more than one term of eleven months but
not exceeding three such terms,–
(i) where the amount of average annual rent plus the
amount of security deposit, or money advanced or to
be advanced does not exceed rupees two lakh fifty
thousand
Five hundred rupees;
(ii) where the amount of average annual rent plus the
amount of security deposit or money advanced or to
be advanced exceeds rupees two lakh fifty thousand
but does not exceed rupees five lakh;
One thousand rupees;
(iii) where the amount of average annual rent plus the
amount of security deposit or monet advanced or to One thousand rupees;

be advanced exceeds Rs. five lakh;
(iii) where the amount of average annual rent plus the
amount of security deposit or monet advanced or to
be advanced exceeds Rs. five lakh;
Two thousnad rupees;
(b) where such leave and licence agreement purports
to be for a period exceeding three terms as described
in clause (a) with or without renewal clause;
The same duty as is leviable on
lease, under clause (a), (b)or(c), as
the case may be, of Article 36.]
37. LETTER OF ALLOTMENT OF SHARES in any
company or proposed company, or in respect of any
loan to be raised by any company.
One rupee.
See also Certificate or other Document (Article 17).
LETTER OF GUARANTEE, see Agreement (Article
5).
STAMPS TO BE USED — Adhesive Stamp Paper
Rule 11
38. LETTER OF LICENCE, that is to say, any
agreement between a debtor and his creditor, that the
latter shall, for a specified time, suspend his claims
and allow the debtor to carry on business at his own
discretion.
Fifty rupees.
STAMPS TO BE USED — Non – Judicial Stamp Paper Rule 6 or Special Adhesive Stamp Paper under Rule 10(ii)

39. MEMORANDUM OF ASSOCIATION OF A COMPANY
(a) if accompained by articles of association under
section 26 of the Companies Act, 1956, (I of 1956).
[Two hundred rupees.]
(b) if not so accompained
The same duty as is leviable on
Articles of Association under
Article 10 according to the share
capital of the company.
Exemption
Memorandum of any association nor formed for
profit and registered under section 25 of the
Companies Act, 1956, (I of 1956).
STAMPS TO BE USED — Non – Judicial Stamp

40. MORTGAGE DEED, not being an agreement
relating to 1. [***] Bottomry Bond (Article 14)
Mortgage of a Crop (Article 41), Respondentia Bond
(Article 53), or Security Bond or Mortgage Deed
(Article 54)–
(a) when possession of the property or any part 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 is leviable on a
conveyance under clauses (a), (b),
(c) or (d), as the case may be, of
Article 25, for the amount secured
by such deed.
(b) when possession is not given or agreed to be
given as aforesaid.
2. [Five rupees for every five
hundered or part therof for the
amount secured by such deed,
subject to the minimum of one
hundred rupees and the maximum
of 3.[five lakh rupees];
Explanation I. — A mortgagor who gives to the
mortgagee 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.
Explanation II– Where in the case of an agreement to
mortgage the amount or part thereof sought to be
secured by such an agreement is advanced or
disbursed to the mortgagor or without execution of a
mortgagor or without execution of a mortgage deed,
then such an agreement to mortgage shall,
notwithstanding anything contained in clause (d) of
section 2, become chargeable under this Article as
mortgage-deed on the date of making of such
advance or disbursement either in part or in whole.
when a collateral or auxiliary or additional or The same duty as a Bond (Article

substituted security, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stamped.
13) for the amount secured, subject
to a maximum of 1.[rupees two
hundred.]
Exemption
(1) Instruments executed by persons taking advances
under the Label Improvement Loans Act, 1883 (XIX
of 1883), or the Agriculturists’ Loans Act, 1884 (XII
of 1884), or by their sureties as security for the
repayments of such advances.
(2) Letter of hypothecation accompanying a bill of
exchange.
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or Special Adhesive Stamp Paper under
Rule 10(ii)
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
mortgage, for every rupees 200 or part thereof.
One rupee.
STAMPS TO BE USED — Adhesive Stamp Paper
under Section 11 read with Rule 6.
42. NOTARIAL ACT, that is to say, any instrument,
endorsement, note, attestation, certificate or entry
not being a Protest (Article 49) executed by a Notary
Public in the performance of the duties of his office,
or by any other person lawfully acting as a Notary
Public.
Twenty-five rupees.
STAMPS TO BE USED — Special Adhesive Stamp
with word Notarial (section 11) Rule 19(d).
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 cotton
One rupee for every unit of
transaction of 4,500 kilograms or
part thereof.
(b) of bullion of specie :     (a) One rupee for every unit of 50 kilograms of silver or part thereof.

(b) One rupee for every unit of 1  kilogram of gold or part thereof.
(c) One rupee for every unit of 100 sovereigns or part thereof.
(c) of oil seeds One rupee for every 10,000 kilograms of oil seeds.
(d) of yarn of any kind, non-mineral oils or spices of any kind.
One rupee for every rupees 10,000
or part thereof of the value of yarn
of any kind, non-mineral oils or
spices of any kind, as may be
specified by the State Government
by Notification in the Official
Gazette.
(e) of any other goods exceeding in value twenty
rupees.
One rupee for every rupees 10,000
or part thereof.
(f) of any share, scrip, stock, bond, debenture,
debenture stock or other marketable security of a
like nature exceeding in value twenty rupees, not
being a Government security.
One rupee for every rupees 10,000
or part thereof of the value of the
security, at the time of its purchase
or sale, as the caes may be.
(g) of a Government security.
One rupee for every rupees 10,000
or part thereof of the value of the
security, at the time of its purchase
or sale, as the time of its purchase
or sale, as the case may be, subject
to a maximum of one thousand rupees.
Exemption
(1) Note or Memorandum sent by a broker or agent
to his principal intimating the purchase or sale on
account of such principal or a Government security
or a share, scrip, stock, bond, debenture, debenture
stock or other marketable security of like nature in
or of an incorporated company or other body
corporate, an entry relating to which is required to be
made in clearance lists described in clauses (1), (2)
and (3) of Article 19.
(2) Note or Memorandum sent by a broker or agent
to his principal intimating the purchase or sale of
cotton on account of such principal, an entry relating
to which is required to be made in a clearance list
described in Article 20.
(3) Note of Memorandum sent by a broker or agent
to his principal intimating the purchase or sale of
bullion or species on account of such principal, an
entry relating to which is required to be made in a
clearance list described in Article 21.
(4) Note or Memorandum sent by a broker or agent
to his principal intimating the purchase or sale of oil
seeds on account of such principal, an entry relating
to which is required to be made in a clearance list
described in Article 22.
(5) Note or Memorandum sent by a broker or agent
to his principal intimating the purchase or sale of
yarn of any kind, non-mineral oils or spices of any
kind on account of such principal, an entry relating to
which is required to be made in a clearance list
described in Article 23.
(6) Note or Memorandum sent by a broker or agent
to his principal in any of the above cases, when the
amount stated in the instrument is less than rupees
one hundred.
STAMPS TO BE USED — Adhesive Stamp Section 11 & Rule 19(f)

  1. NOTE OF PROTEST BY THE MASTER OF A SHIP. See also Protest by the Master of Ship (Article
    50).
    Twenty rupees.
    STAMP TO BE USED — Non – Judicial Stamp Paper
    Rule 6 or Special Adhesive Stamp Rule 10(ii)
  2. ORDER FOR THE PAYMENT OF MONEY, not
    being a Bill of Exchange within the meaning of the
    Indian Stamp 1899, (II of 1899)–
    (a) where payable otherwise than on demand but not
    more than one year after date or sight–for every Rs.
    1,000 or part thereof.
    Ten rupees.
    (b) where payable at more than one year after date or
    sight, if the amount,–
    (i) does not exceed rupees 500 Ten rupees.
    (ii) exceeds rupees 500 but does not exceed rupees
    1,000 Twenty rupees.
    (iii) exceeds rupees 1,000 for every additional rupees
    1,000 or part thereof. Twenty rupees.
    indlaw.com
    STAMPS TO BE USED-Hundi Stamp Paper Rule
    5.MPS TO BE USED–Hundi stamp paper Rule 5.
  3. PARTITION–Instrument of .. ..
    Rupees Ten for every rupees five
    hundred or part thereof of the,
    amount or the market value of the
    separated share or shares of the
    property.
    Note.–The largest share remaining
    after the property is partitioned (or,
    if there are two or more shares of
    equal value and not smaller than
    any of the other shares, then one
    such equal shares) shall be deemed
    to be 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, but shall not be less
    than five rupees;
    (b) where the instrument relates to
    the partition of agricultural land,
    the rate of duty applicable shall be
    one hundred rupees.
    (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 ten
    rupees.
    indlaw.com
    Bombay Court Fees Act
    Section 51 of Bombay Court fees
    Act, 1959 (as amended by Mah.
    Act No. 34 of 1994)
    Reduction of court fee from
    amount of stamp duty payable on
    final order of partition.
    Notwithstanding anything
    contained in the Bombay Stamp
    Act, 1958, where court fee is paid
    in suit for partition in accordance
    with the provisions of clause (vii)
    of section 6 of this Act, the stamp
    duty shall be payable on a final
    order for effecting a partition
    passed by any Revenue Authority
    or any civil court under article 46
    in Schedule I to the Bombay Stamp
    Act, 1958, shall be reduced by the
    amount of the court fee paid in
    such suit.
    Note.–Section 51 of the Bombay
    Court Fees Act, 1959 before
    amendment provided that no stamp
    duty is payable where court fee is
    paid in a suit for partition. By
    Bombay Court Fees (Amendment)
    Act, 1994 (34 of 1994) it is now
    provided that on a final order for
    effecting a partition in any civil
    suit, stamp duty should be payable
    but it should be reduced by the
    amount paid as court fee in such
    suit for Partition.
    STAMPS TO BE USED — Non-Judicial Stamp Paper Rule 6 or Special Adhesive Stamp Paper Rule 10(ii).
  4. PARTNERSHIP–
    (1) Instrument of partnership– Five hundred rupees.
    (a) where there is no share of contribution in
    partnership, or where such share contribution brought
    in by way of cash does not exceed rupees 50,000;
    (b) where such share contribution brought in by way
    of cash is in excess of rupees, 50,000 for every
    Five hundred rupees, subject to
    maximum duty of rupees
    indlaw.com
    rupees 50,000, for every rupees 50,000, for every
    rupees 50,000 or part thereof.
    (c) where such share contribution is brought in by
    way of property, excluding cash.
    The same duty as is leviable on
    Conveyance under clause (a), (b),
    (c) or (d) as the case may be, of
    article 25, on the market value of
    such property.
    (2) Dissolution of partnership or retirement of
    partner–
    The same duty as is leviable on a
    Conveyance under clause (a), (b),
    (c) or (d), as the case may be, of
    Article 25, on the market value of
    such property, subject to a
    minimum of rupees one hundred.
    (1) where on a dissolution of the partnership or on
    retirement of a partner any property is taken as his
    share by a partner other than a partner who brought
    in that property as his share of contribution in the
    partnership.
    (2) in any other case. Two hundred rupees.

  5. POWER OF ATTORNEY 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 hundred rupees.
    (b) when required in suits or proceedings under the
    registration of one or documents in relation to a
    single transaction or for admitting execution of one
    or more such documents;
    One hundred rupees.
    (c) when authorising one person or more to act in a
    single transactin other than the case mentioned in
    clause (a);
    One hundred rupees.
    (d) when authorising one person to act in more than
    one transaction or generally; One hundred rupees.
    (e) when authorising more than one person to act in
    single transaction or more than one transaction
    jointly or severally or generally;
    (f) when given for consideration and authorising to
    sell an immovable property;
    The same duty as is leviable on a
    Conveyance under clause (a), (b),  (c) or (d), as the case may be, of
    Article 25, on the market value of the property.
    (g) when given to a promoter or developer by
    whatever name called, for construction on,
    development of, or sale or transfer (in any manner
    whatsoever) of, any immovable property.
    Five rupees for every five hundred
    rupees or part thereof of the market
    value of the subject matter of
    property:
    Provided that, the provisions of section 32A shall, mutatis
    mutandis, apply to such an  instrument of power of attorney as
    they apply to a conveyance under that section.
    Provided further that, when proper
    stamp duty is paid under clause (ga)
    of article 5 on an agreement, or
    records thereof or memorandum of
    an agreement executed between the
    same parties and in respect of the
    same property, the duty chargeable
    under this clause shall be rupees
    one hundred.
    (h) in any other case Five rupees for each person
    authorised;
    Explanation I. –For the purpose of this article more
    persons than one when belonging to the same firm
    shall be deemed to be one person.
    Explanation II. –The term ‘registration’ includes
    every operation incidental to registration under the
    Registration Act, 1908 (XVI of 1908).
    Explanation III. –Where under clause (f), duty has
    been paid on the power of attorney, and a
    conveyance relating to that property is executed in
    pursuance of power of attorney between the
    executant of the power of attorney and the person in
    whose favour it is executed, the duty on conveyance
    shall be the duty calculated on the market value of
    the property reduced by duty paid on the power of
    attorney.
    STAMPS TO BE USED — Non – Judicial Stamp Paper Rule 6 or Special Adhesive Stamp Paper Rule 10(ii).

49. 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.
Twenty rupees.
STAMPS TO BE USED — Adhesive Foreign Bill
Stamp bearing “Notarial” [See Rule 19(d)]
50. PROTEST BY THE MASTER OF A SHIP, that is to
say, any declaration of the particulars of her voyage
drawn up 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. See also Note of Protest by
the Master of a Ship (Article 44).
STAMPS TO BE USED — Non – Judicial Stamp
Paper Rule 6 or Special Adhesive Stamp, Rule 10(ii).
51. RECONVEYANCE OF MORTGAGED
PROPERTY–
(a) if the consideration for which the property was
mortgaged does not exceed rupees, 2,500.
The same duty as a Bond (Article
13) for such consideration.
(b) in any other case .. .. .. 1.[Two hundred rupees.]
STAMPS TO BE USED — Non – Judicial Stamp
paper Rule 6 or Special Adhesive Stamp, Rule 10(ii). Two hundred rupees.
52 RELEASE, that is to say, any instrument (not being a
release as is provided for by section 24) 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 rupees 2,500.
The same duty as a Bond (Article
13) for such amount or value.
(b) in any other case 2.[Two hundred rupees.]
STAMPS TO BE USED — Adhesive Stamp, Rule
13 (f) or Non-Judicial Stamp, Rule 6.

53 RESPONDENTIA BOND, that is to say, any The same duty as a Bond (Article instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment
contingent on the arrival of the cargo at the port of destination.
13) for the amount of the loan secured.
REVOCATION OF ANY TRUST OF
SETTLEMENT. See Settlement (Article 55), Trust
(Article 61).
STAMPS TO BE USED — Non – Judicial StampPaper, Rule 6 or
Impressed Label/Special Adhesive Stamp [see Rules 10& 11.]

  1. SECURITY BOND OR MORTGAGE DEED, where
    such security bond or mortgage deed is 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 by a surety to secure the due
    performance of a contract, or in pursuance of an
    order of the court or a public officer, not being
    otherwise provided for by the Bombay Court-fees
    Act, 1959, (Bom LX of 1959),–
    (i) where the amount secured does not exceed rupees
    2,500.
    The same duty as Bond (Article 13)
    for the amount secured.
    (ii) where the amount secured exceeds rupees 2500,
    for every rupees five hundred of the amount secured
    or part thereof.
    1
    [The Same duty as is leviable
    under clause (b) of Article 40
    Provided that, where on an
    instrument executed by a person,
    stands surety and executes security
    bond or a mortgage deed, duty has
    been paid under Article 6 or 40,
    then the duty payble shall be one
    hundred rupees.]
    Exemptions
    Bond or other instrument, when executed,–
    (a) by any person for the purpose of guaranteening
    that the local income derived from private
    subscription to a charitable dispensary or hospital or
    any other object of public utility shall not be less than
    a specified sum per mensem;

(b) under the rules made by the State Government
under section 114 of the Maharashtra Irrigation Act,
1976 (Mah XXXVIII of 1976);
(c ) by a person taking advance under the Land
Improvement Loans Act, (XIX of 1883) or the
Agriculturists Loans Act, 1884 (XII of 1884) or by
their sureties as security for the repayment of such
advances;
(d) 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.
STAMPS TO BE USED — Non – Judicial Stamp
Paper, Rule 6 or
Impressed Label/Special Adhesive Stamp [see Rules
10 & 11.]

  1. SETTLEMENT.–
    A. Instrument of– including a deed of dower,–
    (i) where the settlement is made for a religious or
    charitable purpose.
    Ten rupees for every five hundred
    rupees or part thereof of] a sum
    equal to the amount settled or the
    market value of the property
    settled.
    (ii) in any other case
    The same duty as is leviable on a
    Conveyance under clause (a), (b),
    (c) or (d), as the case may be, of
    Article 25, for a sum equal to the
    amount settled or the market value
    of the property settled:
    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 ten
    rupees:
    Provided further that, where an
    instrument of settlement contains
    any provision for the revocation of
    indlaw.com
    the settlement, the amount or the
    value of the property settled shall,
    for the purposes of duty, be
    determined, as if, no such
    provisions were contained in the
    instrument.
    Exemption
    Deed dower executed on the occasion of or in
    connection with, marriage between Muhammadans,
    whether executed before or after the marriage.
    B. Revocation of,–
    (i) in respect of settlement described in sub-clause (i)
    of clause A.
    The same duty as a Bond (Article
    13) for a sum equal to the amount
    settled or the market value of the
    property concerned as set forth in
    the instrument of revocation, but
    not exceeding 1
    [two hundred
    rupees.]
    (ii) in respect of settlement described in sub-clause
    (ii) of clause A.
    The same duty as is leviable on a
    Conveyance under clause (a), (b),
    2.[(c), or (d), as the case may be, of
    Articl for a consideration equal to
    the amount settled as setforth in
    the instrument of revocation or the
    market value of the property
    concerned, but not exceeding two
    hundred rupees.]
    STAMPS TO BE USED — Non – Judicial Stamp
    Paper, Rule 6 or
    Impressed Label/Special Adhesive Stamp [see Rules
    10 & 11.]
  2. SHARE WARRANTS to bearer issued under the
    Companies Act, 1956 (I of 1956), for every rupees
    five hundred or part thereof.
    Five rupees.
    Exemption
    Share warrant when issued by a company in pursuance of the provisions of section 114 of the Companies Act, 1956 (I of 1956), to have effect only upon payment as composition for that duty, to the Collector–
    (a) one and a half per centum of the whole subscribed
    capital of the company, or
    (b) if any company which has paid the said duty or
    composition in full subsequently issues in addition to
    its subscribed capital, one and a half per centum of
    the additional capital so issued.
    SCRIP, See Certificate (Article 17).
    STAMPS TO BE USED — Non – Judicial Stamp
    Paper, Rule 6 or
    Impressed Label/Special Adhesive Stamp [see Rules
    10 & 11.]
  3. SHIPPING ORDER for or relating to the conveyance
    of goods on board of any vessel. One rupees.
    STAMPS TO BE USED — Non – Judicial Stamp Paper, Rule 6 or Impressed Label/Special Adhesive Stamp [see Rules 10 & 11.]

58. SURRENDER OF LEASE including an agreement for surrender of lease–
(a) without any consideration; Two hundred rupees
(b) with consideration.
The same duty as is leviable under
clause (a), (b), (c) or (d) of Article
25 on the amount of
consideration.].
Explanation.–For the purposes of this Article, return
of money paid as advance, on security deposit by
lessee to the lessor shall not be treated as
considration for the surrender.
STAMPS TO BE USED — Non – Judic ial Stamp Paper, Rule 6 or Impressed Label/Special Adhesive Stamp [see Rules 10 & 11.]

59. TRANSFER (whether with or without consideration).

(a) of debentures, being marketable securities
whether the debenture is liable to duty or not, except
debentures provided for by section 8 of the Indian
Stamp Act, 1899.
Fifty paise for every rupees 100 or
part thereof of the consideration
amount of the debenture subject to
a maximum of ten thousand rupees.
Explanation.– For the purposes of this clause, the
term ‘debenture’ includes debenture stock;
(b) of any interest secured by bond, mortgage deed or
policy of insurance;
The same duty as a Bond (Article
13) for such amount or value of the
interest as set forth in the transfer,
subject to a maximum of 1.[two
hundred rupees.]
(c) of any property under section 22 of the
Administrators’ General Act, 1963;
(d) of any trust property without consideration from
one trustee to another trustee, or from a trustee to a
beneficiary.
Exemptions Transfers by endoresement,–
(a) of a bill of exchange, cheque or promissory note;
(b) of a bill of lading, delivery order, warrant for
goods or other mercantile document or title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government.
STAMPS TO BE USED — Non – Judicial Stamp Paper, Rule 6 or Impressed Label/Special Adhesive Stamp [see Rules 10 & 11.]

60. TRANSFER OF LEASE by way of assignment and not by way of under lease or by way of decree or final order passed by any Civil Court or any Revenue The same duty as is leviable on a Conveyance under clause (a), (b), (c) or (d), as the case may be, of
Article 25, on the market value of
the property, which is the subject
matter of transfer.
STAMPS TO BE USED — Non – Judicial Stamp Paper, Rule 6 or Impressed Label/Special Adhesive Stamp [see Rules 10 & 11.]

61. TRUST
A. Declaration of — of, or concerning, any property when made by any writing not being a Will,–
(a) where there is disposition of property,–
(i) where the Trust is made for a religious or charitable purpose;
Ten rupees for every rupees five hundred or part thereof of a sum
equal to the amount settled or
market value of the property
settled.
(ii) in any other case
The same duty as a conveyance
under clause (a), (b), (c) or (d), as
the case mamy be, of Article 25,
for a sum equalto the amount
settled or the market value of the
property settled.
(b) where there is no disposition of property,–
(i) where the trust is made for a religious or
charitable purpose.
The same duty as a Bond (Article
13) for a sum equal to the amount
settled or market value of the
property settled, but not exceeding
1.[two hundred rupees.]
(ii) in any other case
The same duty as a Bond (Article
13) for a sum equal to the amount
settled or market value of the
property settled, but not exceeding
2. [two hundred rupees.]
B. Revocation of– of, or concerning, any property
when made by any instrument other than a Will.
The same duty as a Bond (Article
13) for a sum equal to the amount
settled or market value of the
property settled, but not exceeding
3.[two hundred rupees.]
See also Settlement (Article 55).
VALUATION, See Appraisement (Article 8)

STAMPS TO BE USED — Non – Judicial Stamp

62. 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.

STAMPS TO BE USED — Adhesive Stamp.