[As amended by Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001]
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Description of Instrument
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Proper Stamp-duty
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26.
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EXCHANGE OF PROPERTY - Instalment of - |
The same duty as is leviable on a conveyance under
article 20 on the market
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EXCISE BOND, See Customs Bond or Excise Bond
(No. 23) |
value of the property of the greatest value.
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27.
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FURTHER CHARGE,- Instrument of, that is to
say, any instrument imposing a further charge on mortgaged property-
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(a) When the original mortgage is one of the description
referred to in calcuse (a) of Article 36 (that is, with possession).
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The same duty as is leviable on a conveyance under
Article 20 (a) for the amount of further charge secured by such
instrument.
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(b) when such mortgage is one of the description
referred to in clause (b) of Article 36 (that is, without possession)-
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(i) if at the time of execution of the instrument
of further charge possession of the property is given under such
instrument.
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Eight rupees for every Rs. 1 (X) or part thereof
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.
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7[(ii) if possession is not so given.
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Subject to maximum of two lakhs rupees, two rupees
for every hundered rupees or part thereof, for the amount of the
further charge secured by such instrument."
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28.
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GIFT-Instrument of not being a Settlement
(No. 52) or Will or Transfer No. (56) |
The same duty as is leviable on a conveyance under
article 20 market value of the property which is the subject-matter
of the gift.
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Provided that where an instrument of gift contains
any provision for the revocation of the gift the value of the property
which is the subject matter of the gift shall, for the purposes
of duty, be determined as if no such provision were contained in
the instrument.
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HIRING AGREEMENT or agreement for service.
(See Agreement No. 5) |
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29.
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INDEMNITY BOND.
INSPECTORSHIP - DEED.
See Composition Deed (NO. 19)
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Subject to maximum of 0ne hundred rupees, six rupees
for every Rs. 100 or part thereof the amount secured.
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30.
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LEASE, including an under lease or sub-lease
and any agreement to let or sub -let. - |
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(a) Where by such lease the rent is fixed and no
premium is paid or delivered.
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(i) Where the lease purports to be for a term of
less than one year.
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8[One Rupee for every hundred rupees, or
part thereof] or the whole amount payable or deliverable under such
lease.
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(ii) Where the lease purports to be for a term
of not less than one year but not more than three years;
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8[Three Rupee for every hundred rupees,
or part thereof] for the amount or value of the average annual rent
reserved.
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(iii) Where the lease purports to be for a term
in excess of three years but not more than ten years;
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The same duty as is leviable on a conveyance under
Article 20 for the amount or value of the average annual rent reserved.
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(iv) Where the lease purports to be tor a term
in excess of ten years but not more than thirty years;
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The same duty as is leviable on a conveyance under
Article 20 for twice the amount or value of the average annual rent
reserved.
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(v) Where the lease purports to be for a term in
excess of thirty years but not more than ninety eight years;
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The same duty as is leviable on a conveyance under
Article 20 for thrice the amount or value of the average annual
rent reserved.
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(vi) Where the lease purports to be for a term
in excess of ninety eight years;
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The same duly as is leviable on a conveyance under
Article 20 for five times the amount or value of the average annual
rent reserved.
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(vii) Where the lease purports to be in perpetuity;
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The same duty as is leviable on a conveyance under
Article 20 for one fifth of the whole amout or rents which would
be paid or delivered in respect of the first fifty years of the
lease.
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(viii) Where the lease does not purports to be
for any definite term;
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The same duty as is leviale on a conveyance under
Article 20 for the amount or value of the average annual rent which
would be paid or delivered for the first ten years if the lease
continued so long.
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(b) where the lease is granted for a fine or premium
or for money advanced or to be advanced and where no rent is reserved.
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The same duty as is leviable on a conveyence under
Article 20 for the amount or value of such fine or premium or advances
as set forth in the lease.
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(c) Where the lease is granted for a fine or premium
or for money advanced or to be advanced in addition to rent reserved
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The same duty as is leviable on a conveyence under
Article 20 for 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 where an agreement
to lease is stamped with advalorem 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.
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(d) Where the lease relates to movable property.
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Two rupees for every hundred rupees of pait thereof
on the amount of average annual rent plus the total amount of fine
or premium or money advanced or to be advanced, irrespective of
the period for which such lease or agreement to lease is executed.
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Explanation I
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Rent paid in advance shall be deemed to be premium
or money advanced within the meaning of this article unless it is
specifically provided in the lease that rent paid in advance will
be set off towards the last instalment or instalments of rent.
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Explanation II
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When a lessee undertakes to pay any recurring charge
such as Government revenue, landlord's share of ceses, or the owner's
share of municipal rates of taxes, which is by law recoverable from
the lessor, the amount so agreed to be paid by the lessee, shall
be deemed to be part of the rent.
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2[30A.
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LEAVE AND LICENCE AGREEMENTrelating to immovable
property other than the residential property.
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Fifty paise for every hundred rupees or part thereof
on the whole amount payable or deliverable plus the total amount
of fine or premium or money advanced or to be advanced irrespective
of the period for which such leave and licence agreement is executed.]
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31.
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LETTER OF ALLOTMENT OR RENUNCIATION OF SHARES,
in any company or proposed company, or in respect of any loan to be
raised by any compnay or proposed compnay. |
Two rupee.
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See also Certificate or other Document (No. 18) |
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LETTER OF GUARANTEE. |
Sixty rupees.
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33.
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LETTER OF LICENCE, that is to say, any agreement
between a debtor and his cerditors, that the latter shall, for a specified
time, suspend their claims and allow the dedtor to carry on business
at his own discretion. |
Fifty rupees.
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34.
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MARRIAGE REGISTRATION
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Two hundred and fifty rupee
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35.
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MEMORANDUM OF ASSOCIATION OF A COMPANY.
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(a) if accompanied by articles of association under
section 26 of the Companies Act, 1956. (I of 1956)
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one thousand rupees.
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(b) if not so accompanied Exemption
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The same duty as is leviable on article of Association
under Article 12 according to the share capital of the company.
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Memorandum of any association not formed for profit
and registered under section 25 of the Companies Act, 1956 (1 of
1956.)
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36.
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MORTGAGE - DEED, not being an Agreement relating
to Deposit of Title-Deeds, Pawn or Pledge (No. 6), Botomry Bond (No.
15), Mortagage of a Corp (No. 37), Respondentia Bond (No. 50) or Security
Bond (No. 51), |
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(a) when possession of the property or any part of
the property comprised in such deed is xxxx given, or is agreed to
be given, by the mortgagor. Clause (b) & Explanation up to 31-7-98
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The same duty as is leviable on a conveyance under
clause (a) of Article 20 for the amount secured by such deed.
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(b) When possession of the property or any part of
the property comprised in such deed is not given or not agreed to
be given. |
Subject to maximum of rupees two lakhs, two rupees
for every hundered rupees or part thereof for the amount secured
by such deed."
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Explanation - A mortgagor who gives to the
mortgage 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.clause (b) & Explanation w.e.f. 1-8-98.
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(b) When possession of the property or any part of
the property comprised in such deed is not given or not agreed to
be given,- |
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(i) in the case of such deed executed by the Industrial
Undertaking in favour of any Financial Institution for borrowing loans
from such Institutions |
Subject to maximum of rupees two lakhs, two rupees
for every hundred rupees or part thereof for the amount secured
by such deed.
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(ii) in any other case |
Three rupees for every one hundred rupees or part
thereof for the amount secured by such deed.
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Explanation I - A mortgagor who gives to the
mortgage 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 9 [xxx] |
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(c) when a collateral or auxiliary or additional
or substituted security, or by way of further assurance for the
above mentioned purpose where the principal or primary security
is duly stamped.
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Five mpees for every sum Rs. 1000 secured or part
thereof.
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Exemptions
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(1) Instrument executed by persons taking advances
under the Land Improvement Loans Act, 1883 (XIX of 1883.) or the
Agriculturists’ Loans Act, 1884, (XII of 1884.) or by their
sureties as security for the repayment of such advances.
(2) Letter of hypothecation accompanying a bill
of exchange.
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37.
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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 -
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(a) when the loan is repayable not more than three
months from the date of the instrument,
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Twenty five paise for every sum of Rs. 100 or part
thereof secured by such mortgage.
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(b) When the loan is repayable more than three
months but not more than eighteen months from the date of the instrument.
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One rupee for every sum of Rs. 100 or part thereof
secured by such mortgage.
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38.
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NOTARIAL ACT, that is to say, any instrument,
endorsement, note, attestation, certificate or entry not being a Protest
(No. 46) made or signed by a Notary in the execution of the duties
of his office, or by any other person lawfully acting as a Notary.
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Twenty rupee.
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See also Protest of Bill or Note (No. 46)
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39.
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NOTE OR MEMORANDUM, sent by a Broker or Agent
to his principal intimating the purchase or sale on account of such
principal - |
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(a) of cotton moulding cotton pods or Kapas (Unginned
Cotton)
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Twenty five paise for every unit of transaction
or part thereof
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(b) of bullion or specie
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(a) Ten paise for every unit of 10 kilograms of
silver or part thereof.
(b) Forty paise for every unit of 1 kilogram of
gold or part thereof.
(c) Seventy five paise for every unit of 250 sovereings
or part thereof.
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(c) of oil-seeds
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Such rate not exceeding -
(i) Fifty paise for every 5,000 kilograms of oil
seed or part thereof, where the unit is 5,000 kilograms, or
(ii) One rupee for every 10,000 kilograms of oilseeds
or part thereof where the unit is 10,000 kilograms, or
(iii) Two rupees for every 25,000 kilograms of
oilseeds or part thereof where the units is 25,000 kilograms, as
may be specified by the State Government by notification in the
official Gazette.
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(d) of yarn of any kind, non-mineral oil or spices
of any kind.
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(1) In the case of yarn and spices, such rate not
exceeding one rupee for every Rs, 2,500 or part thereof the value
of yarn of any kind or spices of any kind as may be specified by
the State Government by* notification in the Official Gazette.
(2) In the case of groundnut oil or any other -
non-mineral oil such rate not exceeding.
(i) twenty five paise for every unit of 100 tins
of such oil or part thereof, where the unit of transaction is 100
tins, each containing a quantity of oil weighing approximately 16.50
kilogram,s or
(ii) fifty paise for every 5,000 kilograms of,
such oil or part thereof, where the unit is 5,000 kilograms, or
(iii) one rupee for every 10,000 kilograms of such
oil or part thereof where the unit is 10,000 kilograms, or
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(iv) Two rupees and twenty five paise for every
25,000 kilograms of such oil or part thereof where the unit is 25,000
kilograms.
as may be specified by the State Government by
notification in the Official Gazette,
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(e) Of any other goods exceeding in value twenty rupees.
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Fifty paise.
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(f) of any share, scrip, stock bond, debenture stock
or other marketable security of a like nature exceeding in value twenty
rupees, not being a Government security. |
(1) In the case of forward contracts relating to
the purchase or sale of securities, thirty five paise for every
Rs. 5,000 or part thereof of the value of the security at the time
of its purchase or sale, as the case may be.
(2) In any othercase, twenty paise for every Rs.
2,500 or part thereof of the value of the security at the time of
its purchase or sale, as the case may be.
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(g) of a Government security |
Subject to a maximum of forty rupees, twenty five
paise for every 10,000 rupees or part thereof of the value of the
security at the time of its purchase or sale, as the case may be.
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Explanation - For the purpose of entry (a)
of this Article unit of transaction means the quantity of cotton weighing
approximately 4,500 kilograms. |
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40.
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NOTE or ENTRY in records made or a LETTER
written BY CREDITOR, relating to the deposit of title deeds
to serve as evidence of the title to any property whatsoever (other
than marketable security) where there is no agreement of memorandum
of agreement relating to deposit of such title deeds. |
The same duty as AGREEMENT RELATING TO DEPOSIT
OF TITLE DEEDS (No. 6)
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41.
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NOTE FOR PROTEST BY THE MASTER OF A SHIP -
See also protest by the Master of a ship (No. 47). |
Twenty rupees
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42.
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ORDER FOR THE PAYMENT OF MONEY not being a
Bill of Exchange within the meaning of the INDIAN STAMP ACT, 1899.
(II of 1899.) - |
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(a) Where payable otherwise than on demand but
not more than one year after date or sight.
(b) Where payable at more than one year after date
or sight.
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One rupee for every Rs. 1,000 or part thereof the
amount of bill or note.
The same duty as a Bond (No. 14) for the same amount.
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43.
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PARTITIONED - Instrument of as defined by
section 2(m). |
The same duty as a Bond (no. 14) for the amount
of the market value of the separated share of shares of the property.
N.B. : 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, than one of 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 severally 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 ten rupees:
(b) where land is held on Revenue Settlement for
a period not exceeding thirty years and paying the full assessment,
the value for the purpose of duty shall be calculated at not more
than five times the annual revenue ;
(c) where a final order for effecting a partition
passed by any Revenue authority or any Civil Court or an award by
an arbitrator directing a partition 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.
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44.
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PARTNERSHIP
(1) Instrument of -
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Subject to a maximum of two thousand rupees, two
hundred rupees for every Rs. 10, 000 or part thereof of the amount
of the capital of partnership, [up to 31-7-98]
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From 1-8-98...
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(1) Instrument of -
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Subject to a minimum of five hundred rupees and
maximum of five thousand rupees, one rupee for every one hundred
rupees or part thereof of the amount of capital of partnership
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(2) (a) Alteration in the constitution of the partnership
in consequence of increaee of the capital of the partnership, Instrument
of
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A Sum equal to the duty that would have been leviable
under clause (I) as though capital of the partnership had been,
when the partnership was formed, equal to the capital so in-creased,
less sura already paid under clause (1).
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(b) Alteration in the constitution of the partnership
in consequence of any reason other than that referred to in sub-clause
(a), Instrument of
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two hudndred rupees
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(3) Dissolution of -
(a) where any immovable property is taken as his
share on dissolution of partnership by a partner other than a partner
who brought that property as his share or contribution to partnership.
(b) in any other case.
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The same duty as is leviable on conveyance under
Article 20 for the market value of such property or one hundred
rupees, whichever is more.
Two hundred rupees.
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45.
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POWER OF ATTORNEY - as defined by section
2(r), not being a proxy - |
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(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;
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One hundred rupees.
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(b) When required in suits or proceedings under the
Presidency Small Cause Courts Act, 1882; (XV of 1882) |
One hundred rupees.
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(c) When authorising one person or more to act in
a single transaction other than the case mentioned in clause (a);
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One hundred rupees.
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(d) when authorising not more than five persons to
act jointly and severally in more than one transaction or generally;
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One hundred rupees.
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(e) when authorising more than five but not more than
ten persons to act jointly and severally in more than one transaction
or generally; |
One hundred rupees.
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(f) when given for consideration and authorising the
attorney to sell any immovable property. |
The same duty as is leviable on a conveyance under
Article 20 for the amount of the consideration or, as the case may
be, the market value of the immovable property whichever is greater;
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"(g) When given to a promoter or developer; by whatever
name called, for construction on; or development of, or sale or transfer
(in any manner whatsoever) of, any immovable property. |
One rupee for every hundred rupees or part thereof
of the market value of the property which is the subject matter
of such power of attorney.
Provided that the provisions of section 32A shall
mutatis mutandis apply to such 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 same property, the duty chargeable under
this clause shall be rupees one hundred.;
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(h) iny any other case |
one hundred rupees for each person authorised.
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Explanation I :For the purposes 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 10[(f)]
duty has been paid on the power of attorney, and a conveyance relating
to that property is subsequently executed in persuance of the 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.
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46.
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PROTEST OF BILL, OR NOTE, that is to say,
any declaration in writing made by a Notary or other person lawfully
acting as such, attesting the dishonour of Bill of Exchange or promissory
note. |
Twenty rupees.
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47.
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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 evey declaration in writing made by him against
the charters or the consignees for not loading or unloading the
ship when such declaration is attested or certified by a Notary
or other person lawfully acting as such.
See also Note of Protest by the Master of a ship
(No. 41).
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Twenty rupees.
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48.
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RECONVEYANCE OF MORTGAGED PROPERTY - |
Subject to a miximum of 0ne hundred rupees six
rupees, for every Rs. 100 or part thereof of the consideration for
which the property was mortgaged.
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49.
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RELEASE, that is to say, any instrument (not
being such a release as is provided for by section 24) whereby a person
renounces a claim upon another person or against any specified property.
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Subject to a maximum One hundred rupees six rupees
for every Rs. 100 or part thereof of the amount or value of the
claim.
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50.
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RESPONDENTIA BOND that is to say, any instrument
securing a loan on the cargo laden or to laden on board a ship and
making repayment contingent on the arrival of the cargo at the port
of destination. |
The same duty as a Bond (No. 14) for the amount
of the loan secured.
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REVOCATION of any trust or Settlement See
Settlement (No. 52); Turst (No. 58) |
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51.
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SECURITY BOND OR MORTGAGE-DEED executed by
way of security for the due execution of an office, or to account
for money or other property received by virtue thereof or executed
by a surety to secure the due performance of a contract |
Subject to a maximum of Sixty rupees six rupees
for every Rs. 100 or part thereof of the amount secured.
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Exepmtions : Bond or other instrument, when
executed- |
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(a) by any person for the purpose of guaranteeing
that the local income derived from private subscriptions to a charitable
dispensary or hospital or any other obejct of public utility shall
not be less than a specified sum per mansem; |
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(b) under the rules made by the State Government under
section 76 of the Bombay Irrigation Act, 1879; (Bom Vn of 1879.) |
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(c) Executed by person taking advances under the Land
Improvement Loans Act, 1883, (XIX of 1883.) or the Agriculturists'
Loan Act, 1884 (XII of 1884.) or by their sureties as secutiry for
the repayment of such advances; |
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(d) executed by officers of the Government or their
sureities to secure the due execution of an office or the due accounting
for money or other property received by virtue thereof. |
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52.
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SETTLEMENT - |
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A. - Instrument of (Including a deed of dower)-
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(i) where the settlement is made for a religious or
charitable purpose. |
The same duty as a Bond (No. 14) for a sum equal
to the amount or, as the case may be, the market value of the property
settled.
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(ii) in any other case, |
The same duty as is leviable on a conveyance under
Article 20 for the amount or, as the case may be, the market valure
of the property settled;
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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 the ten rupees ;
Provided farther that where an instrument of settlement
contains any provision for the revocation of the settlement, the
amount or, as the case may be, the market value of the property
settled shall, for the purpose of duty, be datermined as if no such
provision were contained in the instrument.
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Exemption |
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Deed of dower executed on the occasion of a marriage
between Muham-madans. |
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B-Revocation of - |
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(i) In resepct of settlement described in A (i) above.
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The same duty as a Bond (No.14) for a sum equal
to the amount or, as the case may be, the market value of the property
concerned but not exceeding twenty rupees.
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(ii) in respect of" settlement described in A (ii)
above. |
The same duty as is leviable on a conveyance under
Article 20 for the amount or, as the case may be, the market value
of the property concerned but not exceeding twenty rupees.
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53.
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SHARE WARRANTS to bearer issued under the
Companies Act, 1956. (1 of 1956.) |
The same duty as a Bond (No.14) for the same amount.
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Exemption :
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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 (he Collector of Stamp Revenue, of -
(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 an addition to its subscribed
capital - one and a half per centum of the additional capital so
issused.
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SCRIP, See Cerifaicate (No. 18) |
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54.
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SHIPPING ORDER for or relating to the conveyance
of goods on board on any Vessel. |
Fifty paise.
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55.
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SURRENDER OF LEASE - |
Subject to a maximum of One hundred rupees, the
duty with which such lease chargeable.
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Exemption : |
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Surrender of lease, when such lease is exempted from
duty. |
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56.
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TRANSFER (whether with or without consideration)-
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(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. (II of 1899.) |
Subject to a maximum of ten thousand rupees, One
rupees for every Rs. 100 or part thereof of the face amount of the
debenture.
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Explanation - For the purpose of this clause,
the term "debenture' includes debenture stock. |
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(b) of any interest secured by bond, mortgage -
deed or policy of insurance.
(c) of any property under the Administrators General
Act, 1963 (45 of 1963) section 22.
(d) of any trust property without consideration
from one trustee to another trustee or from a trustee to a beneficiary.
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The same duty as a Bond (No. 14) for such amount
or value of the interest as set forth in the transfer subject to
u maximum of fifty rupees.
Filty rupees.
The same duty as a Bond (No. 14) on the market value of the property
held on trust subject to a maximum of fifty rupees.
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Exemptions
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Transfer by endorsement –
(a) of a bill of exchange, cheque of promissory
note;
(b) of a bill of lading, delivery order, warrant
for goods or other mercantile document of title of goods;
(c) of a policy of insurance;
(d) of securities of the Central Government.
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57.
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TRANSFER OF LEASE by way of assignment and
not by way of under lease. Or way of decree or final order passed
by any civil court or any Revenue officer
Exemption
Transfer of any lease exempt from duty.
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The same duty as is leviable on a conveyance under
Article 20)(a) for the amount of consideration for the transfer,
or as the case may be market value of the immovable property which
ever is greater
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58.
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TRUST -
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A. Declaration of - of, or concerning any property
when made by any writing not being a will. |
The same duty as a Bond (No. 14) for a sum equal
to the amount or market value of the property which is the subject-matter
of the trust but not exceending one hundred rupees.
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B. Revocation of - of, or concerning, any property
when made by any instrument other than a will. |
The same duty as a Bond (No. 14) for a sum equal
to the amount or market value of the property which is the subject-
matter of the trust, but not exceeding fifty rupees.
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(See also Settlement (No. 52)) |
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VALUATION, SEE Appraisement (No. 10) |
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59.
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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.
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One rupees.
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