Indian Stamp (Punjab Amendment) Act, 1994 1. Short title and commencement. 2. Amendment of Section 27 of Central Act 2 of 1899.
The Indian Stamp (Punjab Amendment) Act, 1994
(Punjab Act No. 17 of 1994)
chd005
[Dated 15.11.2007]
G.S.R. 716(E). - In exercise of the powers conferred by Section 87 of the Punjab Re-organisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union territory of Chandigarh, the Indian Stamp (Punjab Amendment) Act, 1994 (Punjab Act No. 17 of 1994) and the Indian Stamp (Punjab Amendment) Act, 1998 (Punjab Act No. 17 of 1998), as in force is the State of Punjab on the date of this notification, subject to the following modification, namely:-
Modifications
- (1) In Sub-section (1) of Section 1 of the Indian Stamp (Punjab Amendment) Act, 1994, for the words, brackets and figures, "the Indian Stamp (Punjab Amendment) Act, 1994" the words, brackets and figures "the Indian Stamp (Punjab Amendment) Act, 1994 as extended to the Union territory of Chandigarh" shall be substituted.
(2) In Sub-section (1) of Section 1 of the Indian Stamp (Punjab Amendment) Act, 1998, for the words, brackets and figures, "the Indian Stamp (Punjab Amendment) Act, 1998", the words, brackets and figures "the Indian Stamp (Punjab Amendment) Act, 1998 as extended to the Union territory of Chandigarh" shall be substituted.
An Act Further to amend the Indian Stamp Act, 1899, in its application to the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Forty-fifth Year of the Republic of India as follows:-
- Short title and commencement.- (1) This Act may be called the Indian Stamp (Punjab Amendment) Act, 1994.
(2) It shall come into force at once.
- Amendment of Section 27 of Central Act 2 of 1899.- In the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act), in its application to the state of Punjab:-
(i) section 27 of the principal Act shall be re-numbered as sub-section (1) thereof and after sub-section
(1) as so-renumbered, the following sub-section shall be inserted, namely:-
"(2) In the case of instruments relating to immovable property chargeable with, an ad valorem duty on the value of the property, and not on the value set forth in the instrument, the instrument shall fully and trully set forth, the annual land revenue in the case of revenue paying land, the annual rental or gross assets, if any, in the case of other immovable property, the local rates, municipal or other taxes if any, to which such property may be subject, and any other particulars which may be prescribed by rules made under this Act."
(ii) Amendment of Section 47-A of Central Act 2 of 1899:
in Section 47-A for Section (3), the following sub-section shall be substituted, namely:-
"(3) The Collector may suo motu, or on the receipt of a reference from the Inspector General of Registration or Registrar of a District appointed under the Registration Act, 1908 (Central Act No. 16 of 1908), in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situated or on the receipt of a report of audit by the Comptroller and Auditor General of India or by any other authority authorised by the State Government in this behalf or otherwise, within a period of three years from the date of the registration of an instrument, call for and examine any instrument for the purposes of satisfying himself as to the correctness of the value of the property or of the consideration disclosed and of all other facts and circumstances affecting the chargeability of the instrument or as to the true character and description thereof and the amount of the duty with which it was chargeable and if after such examination, he has reason to believe that proper duty has not been paid he may, after giving the person concerned reasonable opportunity of being heard and after holding an enquiry in the manner provided under sub-section (2), determine the value of the property or the consideration or the character or description of instrument and the duty with which it was chargeable and the deficient amount of duty, if any, would be payable by the persons liable to payable the duty"; and
(iii) Substitution of Schedule 1-A to Central Act 2 of 1899:
for Schedule 1-A, the following Schedule shall be substituted namely:-
"Schedule 1-A
(See Section 3)
Note. - The articles is Schedule 1-A are numbered so as to correspond with similar articles in Schedule 1.
Description of Instrument | Proper Stamp duty | |||||
1. | ACKNOWLEDGEMENT of debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker's pass-book) or on a separate piece of paper when such book or paper is left in the creditor's possession:
provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property :- |
Five Rupees | ||||
2. | ADMINISTRATION BOND, including a bond given under Section 6 of the Government Saving Bank Act 1873, or Sections 291, 375 and 376 of the Succession Act, 1925:- | |||||
(a) where the amount does not exceed Rs. 1,000; | The same duty as on a Bond (No. 15) for such amount | |||||
(b) in any other case | Fifteen rupees. | |||||
3. | ADOPTION DEED, that is to say, any instrument (other than a Will) recording an adoption or conferring or purporting to confer an authority to adopt.
Advocate-See Entry as an Advocate (No. 30) |
Two hundred rupees. | ||||
4. | Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. | Five rupees | ||||
Exemption | ||||||
Affidavit or declaration in writing when made-
(a) as a condition of enrollment under the Army Act, 1950, or the Air Force Act 1950; (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. |
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5. | Agreement or Memorandum of an Agreement - | |||||
a) | if relating to the sale of a bill of exchange; | Five rupees | ||||
(b) | if relating to the sale of a Government security or share in an incorporated company or other body corporate; | Subject to a maximum of twenty three rupees, one rupee, for every Rs. 10,000 of part thereof of the value of the security or share. | ||||
(c) | if relating to the sale of a share in an incorporated company or other body corporate; | Three Rupees | ||||
Exemptions | ||||||
Agreement or Memorandum of an agreement- | ||||||
(a) for or relating to the sale of goods or merchandise exclusively, not being a Not or Memorandum chargeable under No. 43; | ||||||
(b) made in the form of tenders to the Central Government for or relating to any loan. | ||||||
Agreement to Lease- see Lease (No. 35). | ||||||
6. | Agreement Relating to Deposit of Title Deeds, pawn or pledge, that is to say, any instrument evidencing an agreement relating to-
(1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than marketable security), |
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OR | ||||||
(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt- | ||||||
(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement- | ||||||
i) when the amount of loan or debt does not exceed Rs. 200;
(ii) when it exceeds Rs. 200 but does not exceed Rs. 400; when it exceeds Rs. 400 but does not exceed Rs. 600; when it exceeds Rs. 600 but does not exceed Rs. 800; when it exceeds Rs. 800 but does not exceed Rs. 1000; when it exceeds Rs. 1000 but does not exceed Rs.1200; when it exceeds Rs. 1200 but does not exceed Rs. 1600; when it exceeds Rs. 1600 but does not exceed Rs. 2500; when it exceeds Rs. 2500 but does not exceed Rs. 5000; when it exceeds Rs. 5000 but does not exceed Rs. 7500; when it exceeds Rs. 7500 but does not exceed Rs. 10000; when it exceeds Rs. 10000 but does not exceed Rs. 15000; when it exceeds Rs. 15000 but does not exceed Rs. 20000; when it exceeds Rs. 20000 but does not exceed Rs. 25000; when it exceeds Rs. 25000 but does not exceed Rs. 30000; and for additional Rs. 10000 or part thereof in exceeds Rs. 30000; (b) If such loan or debt is repayable in not more than three months from the date of such instrument; |
One Rupee
Two Rupees Two Rupees Two Rupees Three Rupees Four Rupees Five Rupees Seven Rupees Thirteen Rupees Nineteen Rupees Twenty Five Rupees Thirty Eight Rupees Fifty Rupees Sixty Two Rupees Seventy Seven Rupees Twenty-Five Rupees Half the duty payable on a loan or debt under clause (a)(i) or clause (a)(ii) for the amount secured. |
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Exemption | ||||||
Instruments of pawn or pledge of goods if unattested. | ||||||
7. | Appointment in Execution of a Power, whether of trustees or of property, movable or immovable, where made by any writing not being a Will. | Thirty eight rupees | ||||
8. | Appraisement or Valuation made otherwise than under an order of the Court in the course of a suit- | |||||
(a) where the amount does not exceed Rs. 1,000 | The same duty as Bottomery Bond (No.16) for such amount. | |||||
(b) in any other case | Fifteen rupees | |||||
Exemptions | ||||||
(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law. | ||||||
(b) Appraisement of crop for the purpose of ascertaining the amount to be given to a landlord as rent. | ||||||
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 Articles of Clerkship (No. 11). | As in Schedule I | ||||
Exemptions | ||||||
Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 or by which a person is apprenticed by or at the charge of any public charity. | ||||||
10. | Articles of Association of Company- | |||||
(a) when the authorized capital of the company does not exceed one lac, | Sixty Rupees | |||||
(b) in other cases. | One hundred and twenty rupees | |||||
Exception | ||||||
Article of any Association not framed for profit and registered under Section 25 of the Companies Act, 1956. | ||||||
See also Memorandum of Association of a Company (No. 39) | ||||||
11. | Articles of Clerkship | As in Schedule 1 | ||||
Assignment-see Conveyance (No. 23), Transfer (No. 62) and Transfer of Lease (No. 63) as the case may be Attorney - | ||||||
see Entry as an Attorney (No. 30), and Power of Attorney (No. 48). | ||||||
Authority to Adopt-see Adoption-Deed (No.3) | ||||||
12. | Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit. | |||||
(a) where the amount or value of the property to which the award relates as set forth in such award, does not exceed Rs. 1,000. | The same duty as a Bond (No. 15) for such amount. | |||||
(b) if it exceeds Rs. 1,000 and does not exceed Rs. 5,000; | Fifteen Rupees. | |||||
and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000 | Two Rupees subject to a maximum of on hundred and thirteen rupees. | |||||
13. | BILL OF EXCHANGE | As in Schedule I | ||||
14. | BILL OF LANDING ( including a through bill of lading). | As in Schedule I | ||||
15. | BOND as defined by Section 2 (5) not being a Debenture (No. 27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870 - | |||||
where the amount or value secured does not exceed rupees 500; | Ten Rupees | |||||
where it exceeds Rs. 500 and does not exceed Rs. 1,000; | Twenty Rupees | |||||
And for every Rs. 500 or part thereof in excess of Rs. 1,000 | Ten Rupees | |||||
See Administration Bond (No.2), Bottomery Bond (No. 16), Customs Bond (No. 26), Indemnity Bond (No. 34), Respondentia Bond (No.5), Security Bond (No. 57) | ||||||
Exemptions | ||||||
Bond when executed hy any person for the purpose of guaranteeing 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. | ||||||
16. | BOTTOMERY BOND, that is to say, any instrument where by the master of a seagoing ship borrows money on the security of ship to enable him to preserve the ship Or prosecute her voyage. | |||||
where the amount or value secured does not exceed Rs. 10; | One Rupee | |||||
where it exceeds Rs. 10 and does not exceed Rs. 50; | One Rupee | |||||
where it exceeds Rs. 50 and does not exceed Rs. 100; | Two Rupees | |||||
where it exceeds Rs. 100 and does not exceed Rs. 200; | Three Rupees | |||||
where it exceeds Rs. 200 and does not exceed Rs. 300; | Four Rupees | |||||
where it exceeds Rs. 300 and does not exceed Rs. 400; | Five Rupees | |||||
where it exceeds Rs. 400 and does not exceed Rs. 500; | Six Rupees | |||||
where it exceeds Rs. 500 and docs not exceed Rs. 600; | Seven Rupees | |||||
where it exceeds Rs. 600 and does not exceed Rs. 700; | Eight Rupees | |||||
where it exceeds Rs. 700 and does not exceed Rs. 800; | Nine Rupees | |||||
where it exceeds Rs. 800 and does not exceed Rs. 900; | Eleven Rupees | |||||
where it exceeds Rs. 900 and does not exceed Rs. 1000; | Twelve Rupees | |||||
And for every Rs. 500 or part there of in excess of Rs. 1000; | Six Rupees | |||||
17. | CANCELLATION - instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. | Fifteen Rupees | ||||
See also RELEASE (No. 55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61), REVOCATION OF TRUST (No. 64-B). | ||||||
18. | CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction By a Civil or Revenue Court, or Collector or other Revenue Officer. | The same duty as other Conveyance (No. 23) for a consideration equal t6o the amount of the purchase money only. | ||||
19. | 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, scrip or stock in or of any such company or body. | Ten Rupees | ||||
20. | CHARTER PARTY, that is to say, any instrument (except an agreement for the hire of a tug-steamer) where by 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 | Fifteen Rupees | ||||
22. | 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 inspector or under letters of licence for the benefit of his creditors. | Thirty Rupees. | ||||
23. | CONVEYANCE as defined by Section 2(10) not being a TRANSFER charged or exempted under No. 62,- | Where conveyance amounts to sale of immovable property | Other conveyances | |||
Where the value or amount of the consideration for such conveyance as set forth therein does not exceed Rs. 50 | Seven Rupees | Two Rupees | ||||
where it exceeds Rs. 50 and does not exceed Rs.100 | Thirteen Rupees | Three Rupees | ||||
where it exceeds Rs. 100 and does not exceed Rs. 200; | Twenty Five Rupees | Six Rupees | ||||
where it exceeds Rs. 200 and does not exceed Rs. 300; | Thirty Eight Rupees | Nine Rupees | ||||
where it exceeds Rs. 300 and does not exceed Rs. 400; | Twelve Rupees | Fifty Rupees | ||||
where it exceeds Rs. 400 and does not exceed Rs. 500; | Sixty three Rupees | Fifteen Rupees | ||||
where it exceeds Rs. 500 and does not exceed Rs. 600; | Seventy five Rupees | Eighteen Rupees | ||||
where it exceeds Rs. 600 and does not exceed Rs. 700; | Eighty eight Rupees | Twenty Rupees | ||||
where it exceeds Rs.700 and does not exceed Rs. 800; | One hundred Rupees | Twenty four Rupees | ||||
where it exceeds Rs. 800 and does not exceed Rs. 900; | One hundred and Thirteen Rupees | Twenty seven Rupees | ||||
where it exceeds Rs. 900 and does not exceed Rs. 1000; | One hundred and twenty five Rupees | Thirty Rupees | ||||
And for every Rs. 500 or part thereof in excess of Rs. 1000. | Sixty three Rupees | Fifteen Rupees | ||||
Exception | ||||||
Assignment of copyright under the Copyright Act,1957, Section 18. | ||||||
Co-partnership-Deed-see partnership (No. 46). | ||||||
24. | COPY OR EXTRACT certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees- | |||||
(i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed two rupees; | Five Rupees | |||||
(ii) in any other case not falling within the provisions of Section 6-A | Five Rupees | |||||
Exceptions | ||||||
(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 any public purpose; | ||||||
(b) Copy of, or extract from, any register relating to birth, baptisms, namings, dedications, marriages, divorces, deaths or burials. | ||||||
25. | COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid- | |||||
(a) if the duty with which the original instrument is chargeable does not exceed two rupees; | Five Rupees | |||||
(b) In any other case not falling within the provisions of Section 6-A | Five Rupees | |||||
Exemption | ||||||
Counterpart of any lease granted to cultivator when such lease is exempted from duty. | ||||||
26. | CUSTOMS' BOND- | |||||
(a) where the amount does not exceed Rs. 1,000; | The same duty as on a Bond (No. 15) for such amount. | |||||
(b) in any other case. | Fifteen Rupees. | |||||
27. | DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable- | One-twenty of one per cent that is to say, 0.05% of the face value ½³[***]subject to a maximum of on million rupees. | ||||
(a) by endorsement or by a separate instrument of transfer; | As in Schedule I | |||||
(b) by delivery. | As in Schedule I. | |||||
Explanation-The term "Debenture" includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty. | ||||||
Exemptions | ||||||
A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage deed, duly stamped in respect of the full amount of debentures to be issued thereunder whereby the company or body borrowing makes over, in whole or in part, their property or trustees for the benefit of the debenture holders; provided that the debenture so issued are expressed to be issued in terms of the said mortgage-deed. | ||||||
See also Bond (No. 15) and Sections 8 and 55. Declaration of any Trust, See trust (No. 64). | ||||||
28. | DELIVERY-ORDER IN RESPECT OF GOODS,DEPOSIT OF TITLE-DEEDS see AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6), DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46). | Five rupees | ||||
29. | DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. | Thirty rupees | ||||
DOWER-INSTRUMENT OF See SETTLEMENT(No. 58). | ||||||
DUPLICATE, See COUNTERPART(No. 25) | ||||||
30. | Entry as an Advocate, Vakil or Attorney on the roll of the High Court - (Under the Indian Bar Councils Act, 1926, or in exercise of powers conferred on such Court by Letters Patent or by the Legal Practitioners Act, 1884)- | |||||
(a) in the case of an Advocate or Vakil | Seven hundred and fifty Rupees | |||||
(b) in the case of an Attorney. | Seven hundred and fifty Rupees | |||||
Exemptions | ||||||
Entry of an Advocate, Vakil or Attorney on the roll of the High Court, when he has previously been enrolled in any other High Court. | ||||||
31. | Exchange of Property-
Instrument of - |
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EXTRACT see Copy(No.24) | The same duty as other conveyances (no. 23) as levied by this Act for a consideration equal to the value of the property of greatest value as set forth in such instrument. | |||||
32. | FURTHER CHARGE - instrument of, that is to say, any instrument imposing a further charge on mortgaged property- | |||||
(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 40 (that is, with possession);
(b) when such mortgage is one of the description referred to in clause (b) of Article No. 40 (that is, without possession)- |
The same duty as a mortgage deed with possession (No.40(a) for the amount of the further charge secured by such instrument | |||||
(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument; | The same duty as a mortgage deed with possession [No. 40(a)]for the amount equal to 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; | The same duty as a Bond (No.15) for the amount of the further charge secured by such instrument. | |||||
33. | GIFT -Instrument of, Not being a settlement (No. 58) or Will or Transfer (No. 62)- | The same duty as a conveyance amounting to sale (No. 23 ) as levied by this Act for a consideration equal to the value of property as set forth in such instrument. | ||||
Hiring Agreement or agreement for service, see AGREEMENT(No.5). | ||||||
34. | INDEMNITY BOND | The same duty as a Security Bond (No. 57) for the same amount. | ||||
INSPECTORSHIP-DEED, see
COMPOSITION-DEED(No.22). |
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35. | LEASE, including an under-lease or sub-lease and any agreement to let or sub-let- | |||||
(a) whereby such lease the rent is fixed and no premium is paid or delivered - | ||||||
(i) where the lease purports to be for a term of less than one year. | The same duty as a Bond (No. 15) for the whole amount payable or deliverable under such lease. | |||||
(ii) where the lease purports to be | The same duty as Bond (No. 15) for the amount or value of the average annual rent reserved. | |||||
(iii) where the lease purports to be for a term exceeding five years, and not exceeding ten years. | The same duty as other conveyances (No.23) as levied by this Act, for a consideration equal to the amount or value of the average annual rent reserved. | |||||
(iv) where the lease purports to be for a term exceeding ten years, and not exceeding twenty years. | The same duty as other conveyances (No. 23) as levied by this Act for a consideration equal to twice the amount or value of the average annual rent reserved. | |||||
(v) where the lease purports to be for a term exceeding twenty years, and not exceeding thirty years. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal to three times the amount or value of the average annual rent reserved. | |||||
(vi) where the lease purports to be for a term exceeding thirty years, and not exceeding hundreds years. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal to four times the amount or value of the average annual rent reserved. | |||||
(vii) where the lease purports to be for a term exceeding hundreds years or in perpetuity. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal in the case of a lease granted solely for agricultural purposes to 1/10th and in any other case to 1/6th of the whole amount of rents which would be paid or delivered in respect of the first fifty years of lease. | |||||
(viii)where the lease does not purport to be for any definite term. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal to three times 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. | |||||
(b) where the lease is granted for a fine or premium or for money advanced and where no rent is reserved. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease. | |||||
(c) where the lease is granted for a fine or premium or for money advanced, in addition to rent reserved. | The same duty as other conveyances (No. 23) as levied by this Act, for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered :
Provided that in any case when an agreement to lease is stamped with the 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 two rupees. |
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Exemption | ||||||
Lease, executed in the case of a cultivator and for the Purposes of cultivation (including a tease of trees for the production of food or drink) without the payment or delivery of any fine or premium when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. | ||||||
In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with a homestead or tank. | ||||||
Explanation-When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord's share of cesses, or the owner's share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed by the lease shall be deemed to be part of the rent: | ||||||
Letter of allotment of Shares | Five Rupees. | |||||
Letter of Credit | As in Schedule I | |||||
Letter of Guarantee-See Agreement (No.5) | ||||||
Letter of Licence, that is to say, any agreement between a debtor and his creditors, that the letter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. | Thirty Rupees. | |||||
Memorandum of Association of a Company-- | ||||||
(a) If accompanied by articles of association under Sections 26, 27 and 28 of the Companies Act, 1956 | Five Hundred Rupees | |||||
(b) if not so accompanied | One Thousand Rupees | |||||
Exemptions | ||||||
Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act, 1956 | ||||||
40. | Mortgage-Deed not being an Agreement Relating to Deposit of Title-Deeds, Pawn or Pledge (No.6), Bottomery Bond (No. 16) Mortgage of a Crop (No. 41), Respondentia Bond (No. 56), or Security Bond (No. 57)- | |||||
(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to, be given; | ||||||
Where the amount secured by such instrument does not exceed Rs. 50 | Four rupees | |||||
Where it exceed Rs. 50 but does not exceed Rs. 100 | Eighty Rupees | |||||
Where it exceeds Rs. 100 but does not exceed Rs. 200 | Sixteen rupees | |||||
Where it exceeds Rs. 200 but does not exceed Rs. 300 | Twenty four rupees | |||||
Where it exceeds Rs. 300 but does not exceed Rs. 400 | Thirty two Rupees | |||||
Where it exceeds Rs. 400 but does not exceed Rs. 500 | Forty Rupees | |||||
Where it exceeds Rs. 500 but does not exceed Rs. 600 | Forty eight rupees | |||||
Where it exceeds Rs. 600 but does not exceed Rs. 700 | Fifty six rupees | |||||
Where it exceeds Rs. 700 but does not exceed Rs. 800 | Sixty four rupees | |||||
Where it exceeds Rs. 800 but does not exceed Rs. 900 | Seventy two rupees | |||||
Where ii exceeds Rs. 900 but does not exceed Rs. 1000 | Eighty Rupees | |||||
And for every Rs. 500 or part thereof in excess of Rs 1000 | Forty Rupees | |||||
(b) when possession is not given or agreed to be given as aforesaid; | The same duty as a Bond (No. 15) for the amount secured by such deed. | |||||
Explanation-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. | ||||||
(c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purposes where the principal or primary security is duly stamped - | ||||||
for every sum secured not exceeding Rs. 1,000;
and for every Rs. 1,000 or part thereof secured in excess of Rs. 1000 |
Two rupees
Two rupees |
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Exemptions | ||||||
instruments, executed by persons taking advances under the Land Improvement Loans Act,1883, or the Agriculturist Loans Act, 1884 or by their sureties as security for the repayment of such advances. | ||||||
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- | |||||
(a) when the loan is repayable, not more than three months from the date of the instrument - | One rupee. | |||||
for every sum secured not exceeding Rs. 200 | One Rupee. | |||||
for every Rs. 200 or part thereof of the sum secured in excess of Rs. 200; | One rupee | |||||
(b) when the loan is repayable in more than three months, but not more than eighteen months from the date of the instrument - | ||||||
for every sum secured not exceeding Rs. 100 | One rupee | |||||
for every Rs. 100 or part thereof of the sum secured in excess of Rs. 100 | One rupee. | |||||
42. | NOTARIAL ACT -that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public, See also Protest or Bill or Note (No. 50). | Fifteen rupees. | ||||
43 | Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal- | |||||
(a) of any goods exceeding in value twenty rupees. | Five rupees. | |||||
(b) of any stock or marketable security exceeding in value twenty rupees | Five rupees for every Rs. 10,000 or part thereof of the value of the stock or security. | |||||
44. | NOTE OF PROTEST BY THE MASTER OF A SHIP | Five rupees. | ||||
45. | PARTITION, Instrument of [as defined by Section 2(15)]. | The same duty as a Bond (No. 15) for the amount of the value of the separated share or shares of the property. | ||||
N.B.-The largest share remaining after the property is partitioned (or if there are two or more 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 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 affecting such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than two rupees; | ||||||
(b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for purpose of duty shall be calculated at not more than ten times the annual revenue; | ||||||
(c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed two rupees. | ||||||
46 | PARTNERSHIP - | |||||
A-Instrument of- | ||||||
(a) where the capital of the partnership dose not exceed Rs. 500; | Four Rupees | |||||
(b) in any other case | Twenty three rupees. | |||||
B-DISSOLUTION OF- | ||||||
Pawn or Pledge, See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No. 6) | Fifteen rupees. | |||||
47. | POLICY OF INSURANCE - | As in Schedule I. | ||||
48 | POWER-OF-ATTORNEY as defined by Section 2 (21), not being a proxy (No. 52)- | |||||
(a) when executed for 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. | Five rupees | |||||
(b) when required in suits or proceedings under Presidency Small Cause Courts Act, 1882; | Five rupees | |||||
(c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a) | Fifteen rupees | |||||
(d) when authorizing not more than five persons to act jointly and severally in more than one transaction or generally. | Seventy five rupees. | |||||
(e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally. | One hundred and fifty rupees | |||||
(f) when given for consideration and authorizing the attorney to sell any immovable property. | The same duty as other Conveyances (No. 23) as levied by this Act for the amount of consideration. | |||||
(e) in other case | Fifteen rupees | |||||
N.B.-The term "registration", includes every operation, incidential to registration under the Registration Act, 1908. | ||||||
Explanation-For the purpose of this Article more persons than one when belonging to the same firm shall be deemed to be one person. | ||||||
49. | Promissory Note | As in Schedule I | ||||
50. | 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 for promissory note. | Fifteen rupees. | ||||
51. | Protest by the Master of a ship | As in Schedule I | ||||
52. | Proxy | As in Schedule I | ||||
53. | Receipts | As in Schedule I | ||||
54. | Re-conveyance of Mortgaged Property- | |||||
(a) if the consideration for which the property was mortgaged does not exceed Rs. 1000. | The same duty as a conveyance (No. 23) as levied by this Act, for the amount of such consideration as set forth in the re-conveyance. | |||||
(b) in any other case- | ||||||
(i) if the reconveyance relates to immovable property situated within a Municipality, Cantonment Board or Notified area; | Forty five rupees. | |||||
(ii) in other cases | Thirty rupees. | |||||
55. | Release, that is to say any instrument (not being such a release as is provided for by Section 23-A) whereby a person resources a claim upon another person or against any specified property. | |||||
(a) if the amount or value of the claim does not exceed Rs. l,000 | The same duty as a Bond (No. 15) for such amount of the claim or value as set forth in release. | |||||
(b) in any other case | Fifteen rupees. | |||||
56. | Respondentia Bond that is to say, any 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. Revocation of any Trust or settlement See Settlement (No. 58). Trust (No. 69). | The same duty as Bottomary Bond (No. 16) for the amount of the loan secured. | ||||
57. | Security Bond or Mortgage Deed executed by way of security for the due execution of an office, or to amount for money or other property received by virtue thereof or executed by a surety to secure the due performance of a contract (or the due discharge of a liability)- | |||||
(a) when the amount secured does not exceed Rs. 1000; | The same duty as a Bond (No. 15) for the amount secured. | |||||
(b) in any other case. | Fifteen rupees. | |||||
Exemption: | ||||||
Bond or other instrument, when executed- | ||||||
(a) by any person for the purpose of guaranteeing that to the local income derived from private subscriptions 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 No. 3-A of the rules made by the Provincial Government under Section 70 of the Sind Irrigation Act, 1879; | ||||||
(c) by a person taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties,:as security for repayment of such advances; | ||||||
(d) by officers of Government or thier sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof. | ||||||
58. | Settlement- | |||||
A-Instrument of (including a deed of dower)- | The same duty as a Bond (No. 15) for a sum equal to the amount or value of property settled as set forth in such settlement. | |||||
Exemption- | ||||||
Deed of dower executed on the occassion of marriage between Muhammadens | ||||||
B-Revocation of- | The same duly as a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument of revocation but not exceeding thirty rupees. | |||||
See also Trust (No. 64). | ||||||
59. | Share Warrants to bearer issued under the Companies Act, 1956. | One and a half times the duty payable on a mortgage deed with possession [No. 40(a)] for an amount equal to the nominal amount of the shares specified in the warrant. | ||||
Exemption: | ||||||
share warrant when issued by a company in pursuance of the Companies Act, 1956, Section 114, to have effect only upon payment, as composition for that duty, to the Collector of Stamp revenue of- | ||||||
(a) one and a half per centum of the whole subscribed capital of the company; or | ||||||
(b) if any company which has paid the said duty or composition in full subsequantly issues an addition to its subscribed capital- | ||||||
one and a half per centum of the additional capital so issued. | ||||||
60. | Shipping Order | Five rupees. | ||||
61. | Surrender of Lease- | |||||
(a) when the duty with which the lease is chargeable does not exceed ten rupees; | The duty with which lease is chargeable. | |||||
(b) in any other case. | Fifteen rupees. | |||||
Exemption - | ||||||
surrender of lease, when such lease exempted from duty. | ||||||
62. | Transfer (Whether with or without consideration)- | |||||
(a) of shares in an incorporated company or other body corporate; | As in Schedule I. | |||||
(b) of Debenture being marketable securities, whether debenture is liable to duty or not except as provided for by Section 8; | One half of the duty payable on a debenture (No. 27) for consideration equal to the face amount of the debenture. | |||||
(c) of any interest secured by a bond, mortgage-deed or policy of insurance- | The duty with such bond, mortgage deed, or policy or insurance is chargeable subject to a maximum of Five hundred rupees. | |||||
(d) of any property under the Administrator-General's Act 1913, Section 25; | Fifty rupees. | |||||
(e) of any trust property without consideration from one trustee to another trustee or from a trustee to a beneficiary. | Fifty rupees. | |||||
Exemptions: | ||||||
Transfer by endorsement- | ||||||
(a) of a bill of exchange, cheque or promissory note; | ||||||
(b) of a bill of loading, delivery order, warrant for goods, or other mercantile document of title to goods; | ||||||
(c) of a policy of insurance; | ||||||
(d) of securities of the Central Government. | ||||||
See also Section 8- | ||||||
63. | Transfer of Leave by way of assignment and not by way of under lease. | The same duty as other conveyance (No. 23) as levied by this Act, for a consideration equa to the amount of the consideration for the transfer. | ||||
Exemptions- | ||||||
Transfer of any lease exempt from duty. | ||||||
64. | Trust- | |||||
A. Declaration of-of or concerning any property when made by any writing not being a Will. | The same duty as on a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding Forty five rupees. | |||||
B. Revocation of, or concerning any property when made by any instrument other than a Will. | The same duty as on a Bond (No. 15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding Thirty rupees. | |||||
See also settlement (No. 58). | ||||||
Valuation-See Appraisement (No.8) Vakil-See Entry as Vakil (No. 30). | ||||||
65. | Warrant for Goods, that is to say, any instrument Five rupees evidencing the title of any person therein named, or his assigns, or the holder thereof, to Ihe 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. | Five |