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The Bombay Stamp Act, 1958
Stamp Duty On Instruments
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1.
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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--
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(a) exceeds rupees 100 but does not exceed rupees 1,000;
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Twenty paise.
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(b) exceeds rupees 1,000 but does not exceed rupees 5,000;
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Fifty paise.
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(c) exceeds rupees 5,000 but does not exceed rupees 10,000;
and,
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One rupee.
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(d) for every rupees 10,000 or part thereof in excess of
rupees 10,000.
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One rupee subject to a maximum of fifty rupees
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(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
STAMPS TO BE USED -- Adhesive u/s 11
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One rupee for every rupees one hundred or part thereof of the amount
charged therefore;
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2.
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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;
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The same dutyas Bond (Article 13) for such amount.
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(b) in any other case.
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.
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Fifty rupees
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3.
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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.
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.
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1[Two hundred rupees.]
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4.
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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.
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.
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Twenty rupees.
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5.
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AGREEMENT OR ITS RECORDS OR MEMORANDUM OF AN AGREEMENT--
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(a)
if relating to the sale of a bill of exchange;
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One rupee for every rupees 10,000 or part thereof.
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(b)
if relating to the purchase of sale of a Government security;
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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.
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(c) if relating to the purchase or sale of shares, scrips, stocks,
bonds, ebentures, debenture stocks or any other marketable security
of a like nature in or of any incorporated company or other body
corporate--
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(i) when such agreement or
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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.
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(ii) in any other case;
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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.
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(d)
if relating to the purchase or sale of cotton;
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One rupee for every unit of transaction of 4500 kilograms or part
thereof.
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(e)
if relating to the purchase or sale of bullion or species;
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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.
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(f)
if relating to purchase or sale of oil seeds;
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One rupee for every 10,000 kilograms of oil seeds, or part thereof.
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(g)
if relating to the purchase or sale of yarn of any kind, non-mineral
oils or spices of any kind;
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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.
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(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, 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.
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(g-b)
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Omitted
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(g-c)
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Omitted
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(g-d)
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if relating to transfer of tenancy of immovable property, for every
square metre 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--
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(i) the Municipal Corporation of Greater Bombay--
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(A) for the purpose of non-residential use of any nature whatsoever;
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2[Two thousand rupees].
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(B) for the purpose of residential use;
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3[Two hundred rupees.]
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(ii) the Municipal Corporations of the Cities of Thane, Pune, Nagpur
and Navi Mumbai--
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(A) for the purposes of non-residential use of any nature what-soever;
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4[One thousand rupee].
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(B) for the purpose of rsidential use; any Municipal Corporations
other than those Municipal Corporations mentioned in columns (i)
and (ii)--
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5[One hundred rupees].
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6[(iii)
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(A) for the purpose of non-residential use of any nature whatsoever;
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Four hundred rupees.
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(B) for the purpose of residential use;
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fifty rupees.]
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(g-e)
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if relating to hire-purchase
Explanation I. -- Omitted
Explanation II. -- Omitted
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Same dutyas is payable under Article 36.
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(h)
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if not otherwise provided for.
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Twenty rupees.
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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 affised 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
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6.
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AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN, PLEDGE, OR
HYPOTHECATION, that is to say, instrument evidencing an agreement
relating to--
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*10
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[(1)
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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 for
the repayment of money advanced or to be advanced, by way of loanor
an existing or future debt--
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The same dutyas is leviable on a mortgage deed underclause (b)
of Article 40.
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(2)
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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--
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The same dutyas is leviable on a mortgage deed under clause (b)
of Article 40
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11 [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. 12
[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 affised by Proper Officer
under Rule 11.
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7.
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APPOINTMENT IN EXECUTION OF A POWER; where made by any writing
not being a will--
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(a) of trustees.
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One hundred rupees.
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(b) of property movable or immovable.
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Two hundred and fifty rupees.
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STAMPS TO BE USED -- Non-Judicial StampPaper (NJ) under Rule 6
or Impressed Label/Special Adhesive Stamp affised by Proper Officer
under Rule 11.
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8.
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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.
STAMPS TO BE USED -- Non-Judicial Stamp Paper (NJ) under Rule 6
or Impressed Label/Special Adhesive Stamp affised by Proper Officer
under Rule 11.
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Same dutyas per Bond (Article 23) subject
to maximum of fifty rupees.
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9.
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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).
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 affised by Proper Officer
under Rule 11.
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Fifty rupees.
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10.
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ARTICLES OF ASSOCIATION OF A COMPANY--
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 affised 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 Companyunder Article
10 of Schedule I of the said Act, to Rs. Twenty-five lakhs.
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One thousand rupees for every rupees 5,00,000 or part thereof,
7[subject to a maximum of Rs. 50,00,000].
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11.
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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
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 affised by Proper Officer
under Rule 11.
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Seven hundred and fifty rupees.
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12.
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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--
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(a) on the amount of value of the property to which the award relates
as set forth in award.
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The same dutyas Bond (Article 13), subject to a maximum of One
hundred rupees.
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(b) in any other case.
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One hundred rupees.
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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.
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13.
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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 Court-fees Act,
1959 (Bom. XXXVI of 1959) for every rupees five hundred or part
thereof.
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.
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13[Five rupees.]
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14.
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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.
STAMPS TO BE USED -- Non-Judicial Stamp Paper under Rule 6 or Special
Adhesive Stamp affixed by Proper Officer under Rule 11.
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The same dutyas a Bond (Article 13) for the same amount.
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CANCELLATION--Instrument of, if attested and not otherwise provided
for.
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.
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8[One hundred rupees.]
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16.
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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.
STAMPS TO BE USED -- Non-Judicial Stamp Paper under Rule 6 or Special
Adhesive Stamp affixed by Proper Officer under Rule 11.
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The same dutyas 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.
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17.
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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.
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
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One rupee for every one thousand rupees or a part thereof, of the
value of the shares, scrip or stock.
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18.
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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.
STAMPS TO BE USED -- Non-Judicial Stamp Paper under Rule 6 or Special
Adhesive Stamp affixed by Proper Officer under Rule 11.
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Twenty rupees
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19.
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(1)
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CLEARANCE LIST relating to the transactions for the purchase or
sale of Government securities submitted to the clearing house of
a stock exchange.
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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.
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(2)
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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).
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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.
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(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).
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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.
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STAMPS TO BE USED -- Impressed Labels (Rule 11) or Special Adhesive
Stamp affixed by Proper Officer under Rule 19.
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20.
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CLEARANCE LIST, relating to the transactions for the purchase or
sale of cotton submitted to the clearing house of a Cotton Association.
STAMPS TO BE USED - Impressed Labels (Rule 11) or Special Adhesive
Stamp affixed by Proper Officer under Rule 19.
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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.
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21.
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CLEARANCE LIST, relating to the transactions for the purchase or
sale of bullion or species submitted to the clearing house of a
Bullion Association.
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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.
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22.
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CLEARANCE LIST, relating to the transaction for the purchase or
sale of oil seeds submitted to the clearing house of an Oil seed
Association.
STAMPS TO BE USED - Impressed Labels (Rule 11) or Special Adhesive
Stamp affixed by Proper Officer under Rule 19.
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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.
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23.
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CLEARANCE LIST, relating to the transactions for the purchase or
sale of yarn of any kind, non-mineral oils or spices of any kind.
STAMPS TO BE USED - Impressed Labels (Rule 11) or Special Adhesive
Stamp affixed by Proper Officer under Rule 19.
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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.
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24.
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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.
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9[Two hundred rupees.]
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STAMPS TO BE USED -- Non-Judicial StampPaper under Rule 6 or
Impressed Label/Special Adhesive Stamp affixed by Proper Officer
under Rule 11.
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*1These words were substituted for the words "one hundred rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(a).
*2These words were substituted for the words "one thousand rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(b)(1)(i).
*3These words were substituted for the words "one hundred rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(b)(1)(ii).
*4These words were substituted for the words "five hundred rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(b)(2)(i).
*5These words were substituted for the words "fifty rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(b)(1)(ii).
*6Sub-clause (iii) was substituted as Amended by Mah. Tax Laws (Levy
and Amendment) Act, 2001, s. 6(b)(3).
*7These words were added as Amended by Mah. Tax Laws (Levy and Amendment)
Act, 2001, s. 6(c).
*8These words were substituted for the words "Fourty rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(d).
*9 These words were substituted for the words "One hundred rupees"
as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001, s. 6(c).
*10 Clause (1) and (2) were substituted by the Mah. Tax Laws (Levy and
Amendment) Act, 2002, s. 8 (w.e.f 1-05-2002)
*11 Explanation re-numbered as "Explanation I" by Mah. Tax
Laws (Levy and Amendment) Act, 2002, s. 8(a)(ii), (w.e.f 1-05-2002)
*12 This Explanation was added by the Mah. Tax Laws (Levy and Amendment)
Act, 2002, s. 8(a)(ii), (w.e.f 1-05-2002)
*13 These words were substituted for the words "Twenty rupees"
by the Mah. Tax Laws (Levy and Amendment) Act, 2002, s. 8(b), (w.e.f 1-05-2002)
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