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The lNDIAN STAMP (ASSAM AMENDMENT) ACT, 2004

Assam · state statute
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Registered No. - 768 /97 
THE ASSAM GAZETTE 
Z5f.5ff~Cf 
EXTRAORDINARY 
m~ 4"~~<'4 m<rr ?14"1rt\9 
PUBLISHED BY AUTHORITY 
;F I CJ() fi:;" l9 f<1. " ilr.l<if<l. I~ ( 1 ) ((['~. 200-t. 27 ~ ! i,, . I LJ26 (" f<f. ) 
No. I <J() l>1 ;..pur. Saturday . I Xth September . 200.+. 27th nhadra . l <J2(1 ( S.E.) 
COVERJ\'M ET\T OF ASSAM 
ORDERS BY THE COVERNOR 
LH_ilSIATIVE DEPARTfVIEf\!T : : LEGISLATIVE BRANCH 
NOTIFICATION 
The 17th September, 2004 
No. LGL.33/200317.--The rollo"ing Act o!'thc :-\ssam Legislative 
Assembly which received the assent or the Cov ernor is hereby published for 
general information. 
1202 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 'O(M,... 
ASSA.l\1 ACT 1\0. XXII OF 2004 
( Received the assent of the Governor on 9th September, 2004 ) 
THE l:\OIA:\ ST.\:\IP (...\SS.\:\! A'\IENO\IE l\T) ACT, 200..J 
Pn·amlil c. 
Short title. 
extent and 
CO!lllllen(·emcnt . 
Insertion of 
section tQ .\ . 
·•For shortai,:e 
of stamp~ ho\\ 
dut~ · to he paid . 
/\N 
/\CT 
further to amend the Indian Stamp Act, 1899, 
in its application to the State of Assam. 
Whereas it is expedient rurther ll) amend 
the Indian Stamp Act, I 80<J, hcrcinalkr rcCcrred 
to as t:1c principal Act. in its application to the 
State of Assam , in the manner hereinafter 
appcar111g, 
It is hereb y enacted in the Fifty-filth Year 
or the Republic of India <IS rollmvs :-
I. (I) This Act may be called the Indian Stamp 
(Assam Amendment) Act, 2004. 
(2) It extends to the \\'hole of Assam. 
n) It sh al I come into force at once. 
he principal /\ct, after the existing section 
the follo\\ ·ing shall be inserted as section 
A. namely :-
1 OA. ( 1) Notwithstanding anything contained in 
section I 0, where the,State Cio,·ern111enl 
or the Collector , as the case may be. is 
sati sf'ied that there is shortage of stamps 
in the distri~t or stamp s or required 
denominations arc not available, the 
State Gm:crnment or the Collector may 
permit payment of the duty lo be paid in 
.(: . . 
cash or by wdy of Demand Oran or by 
Pay Order and authori1e the Jrcasury 
Officer or Sub-Treasury Off'icer or Suh­
Registrar or any other authorised o nicer , 
as the case may be, on production of a 
challan evidencing j)ayment .,of duty in 
the Government Treas~1ry or Sub-
Central Act 11 
of 1899. 
::--THE ASSAM GAZETTE. EXTRAORDINARY SEPT. I 8. 2004 1203 
Treasury of a Demalld Draft or by Pay 
Order drawn on a branch of any 
Scheduled bank, as the case may be, 
after due verification, to certify in such 
manner as may be prescribed, by 
endorsc111cnt on the instrument or the 
amoullt or duty so pai.d in cash. 
Explanation :- Go\ crnmcnt Treasury includes a 
Govcrnmcllt Sub-Treasury and 
a11y other place as the State 
Go\'Crnl11Cllt may, by notification 
in the Assa111 GaLctte, appoint ill 
this behalf: 
Provided that the State 
Government 111ay, by order 
published ill the Official Gazette, 
direct that the power exercisable 
by it or by the Co I lector under this 
section may be exercised by such 
other officers as may be speci lied 
in the order. 
(2) An endorsement made on any instrument 
under sub-section ( 1) shall have the 
same effect as if the duty of an amount 
equal to the amount stated in the 
endorsement has been paid in respect 
thereof and such payment has been 
indicatea on such instrument by means 
of stamps in accordance with the 
requirements of section 10. 
(3) Nothing in this section shall apply to -
( i) the payment of stamp duty chargeable 
on the instruments specified in Entry 
91 of List l of the Seventh Schedule 
to the Constitution of India ; and 
(ii) the instruments presented after six 
months from the date of their 
execution or first execution." 
1204 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 20A1 
Amendment 3. In the principal Act, in section 17, after the 
of section 17. existing provision, the following pro\'iso shall 
be inserted, namely:-
"Provided that nothing in thi s section shall 
apply to the instrument in respect of which 
sta mp duty has been paid under section I 0-A." 
Amendment 4. In the principal Act, in section 27, for the words 
of section 27. and brackets "The consideration (if any)", the 
words "the market va lue of the property" shal 1 
be substituted. 
Insertion of 
section 27 A: 
"Instrument of 
conveyance etc. 
under valued 
how to be dealt 
with. 
5. In the principal Act, after section 27, the 
following new section shall be inserted, 
namely:-
27 A. (1) If the Registering Officer appointed 
under the Registration Act, I 908 while 
registering any instrument of 
conveyance,exchange or gift has reason to 
believe that the market value of the property 
as fixed by the Government/Collector of the 
district, which is subject matter of 
conveyance , exchange or gift had not been 
truly set fo11h in the instrument, he may after 
registering such instrument, refer the same 
to the Collector for determination of the 
market value of such proper and the 
property duty payable thereon. 
(2) On receipt of a reference under sub-section 
(I), the Collector shall, after giving the 
parties a reasonable opportunity of being 
heard and after holding an enquiry in such 
manner as may be prescribed by rules made 
under this Act, determine the market value 
of the property which is the subject matter 
of conveyance, exchange or gift and the 
duty as aforesaid, and . thereupon the 
difference , if any, in the amount of duty, 
shall be payable by the persons liable to pay 
the duty. 
(3) The Collector may, on his own motion or 
otherwise, within two years from the date 
of registration of any instrument or 
conveyance, exchange or gift not already 
( ·cntra l Act 
16 of 1908. 
, 
_ THE ASSAM CiAZETTE, EXTRAORDl'.'\ARY. SEPT. IS. _2()0l_ ___ I 2Jl~ 
referred to hi111 under sub-section (I) call 
for ancl ex am inc the inst ru 111 cnt !o r the 
purp ose of satisf ying himselr as to the 
correctne ss 01· the market value of the 
property as set forth in such instrument, 
which is the subject 111atter of conveyance, 
exchange or girt and the duty payable 
thereon and if alter such examination he has 
reason to bclie\'C that the market value of 
such property has not been tru I y set forth in 
the instrument, he _may determine the 
market value of such prope1ty and the duty 
as aforesaid and thereupon the di!Tercnce, 
if any in the amount of duty. shal I be payable 
by the person liable to pay the duty: . 
Provided that nothing in this sub­
section shall apply to instrument registered 
before the date of commencement of the 
Indian Stamp (Assam Amendment) Act, 
2004. 
(4) Any person aggrieved by an order of the 
Collector under sub -section (2) or sub­
section (3) may prefer an appeal to the Civil 
Judge or appropriate jurisdiction and all 
such appeals shall be preferred within such 
time and shall be heard and disposed of in 
such manner as may be prescribed. 
Explanation :- For the purpose of this Act, 
market value of any property shall be 
estimated to be the price which in the 
opinion of the Collector or the Civil Judge 
Senior Division, as the case may be, such 
property would have fetched or would fetch, 
if sold in the open market on the date of 
execution of the instrument of conveyance, 
exchange or gift. · 
Substitution 6. In the principal Act, for section 78, the following 
of section 78. shall be substituted, namely:-
"Duty or If the total amount of duty payable, or of allowance 
allowance to be . . 
rounded off to to be made under this Act 1s not a round figure, the 
78 the next total amount shall be rounded off to the next rupee." 
rupee. 
120(> 
Amcn<lmcnt 
of Sc hl'duk I 
of Act II of 
1899. 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 1tff4 
7. In the principal Act, in Schedule- I, for item Nos. 1-5, 12, I 5-
. 20, 22-26, 28-29 , 31, 33, 34-36, 38-40, 42-43, 45, 46, 48, 54, 
57-58, 60, 61 , 63-65, the following shall be substituted, namely:-
"Desc ription of Instruments 
I. Acknowl edge ment 
2. Administration Bond including 
Bond given under section 6 of 
the Government Saving Bank 
Act, 1873 or Section 291 or 
Section 376 of the Indian 
Succession Act, 1925 : 
(a) Where the amount docs not 
exceed Rs. 1,000. 
(b) In any other case 
3. Adoption Deed 
4. Affidavit 
5. Agreement or memorandum of 
an Agreement : 
(a) If relating to sale of a bill of 
exchange . 
(b) If relatin g to sale of a 
Government Security. 
(c) if relating to purchase or 
sale of shares, scripts, 
stocks, bonds, debentures, 
debentur e stocks or any 
other marketable security of 
a lik e nature in or any 
incorporated company or 
other body corporate-
(i) when such agreement or 
memorandum of an 
agreement is with or through 
a member or between 
members of a stock 
exchange recognised under 
the Securities Contr ac ts 
(Regulation) Act, 1956. 
Proper Stamp Duty 
Fifty Rupee s. 
The same duty as a bond 
(No . 15) for such amount. 
Twenty rupees . 
Two hundred rupee s. 
Fifteen rupee s. 
Five rupee s. 
Subject to maximum of 
Rs . I 00 for every Rs. 
10,000 or part thereof of 
the value of Security. 
Three rupees for every 
Rs. 5000 or part thereof of 
the value of the security at 
the time of its purchas e or 
sale as the case may he. 
~J\M GAZETTE, EXTRAORDINARY. SEPT. 18. 2004 __ _L~07 
(ii) in other cases Five rupees for C\cry 
Rs. 5000 or part thereof of' 
the value of' the security at 
the time ol' its purchase or 
SLilc as the case 111ay be. 
(d) ll'necutL :d !'or sen ·ice or for I i\'e rUJ1L'CS 
pcrl'orn1a11cc 01· \\Ork in a11y 
estate \\ hcther held hy one 
person or by more per so ns 
than one as co-owners and 
"hethcr in one or 111orc 
block s and situated in Assam 
where the alhance given 
under such agreement docs not 
exceed one thous;rnd rupees. 
Agreement to lease. 
(e) il'not,otherw1scpro\'ided f'or Ten rupee s 
I 2. A\\ard : 
(a) Where amount or value of' the The same dut y <l Bond f()r 
propert y to which the award such a111ou11t. 
relates as set forth in such 
<I\\ ard , docs not exceed Rs. 
1 ,000. 
(h) if' it exceeds Rs. 1,000 hut Twenty rupee s. 
docs not exceed Rs. 5,000. 
and for every additional Rs. 
1.000 or part thereof' in cxcees 
or Rs.5,000. 
I 5. Bond [ As defined by 
Section 2(5)] not being 
debenture (No-27) and not 
being othenvisc provided ror by 
this Act or by the Court Fees 
Act, 1870 
Where the <llllOU!lt or\ alue 
secured docs not exceed Rs. 
5 ()(). 
Two rupe es subject tn a 
maximum or one hundred 
and thirt een rupees. 
Ten rupee s. 
1208 THE ASSAM GAZETTE, EXTRAORDINARY _$EPT. IS. 20(M_-
where it exceeds Rs.500 and 
docs not exceed Rs. 1.000. 
and for C\ cry Rs. 500 or part 
thereo!" in e\cess or Rs. l .000. 
I <i. Bottnmry Bond that is to say. 
any instrument whereby the 
master or sea going ship 
ho1nrn s money on the security 
o!" a ship to cnahk him to 
prCSLT\ e the ship or pre-stcutc 
her 'oyagc-
17. Cancellation instrument of' 
(including any instrument by 
which any pre\ iously executed 
is cancelled) if;1ttested and not 
othern ise provided lc1r. 
18. Certi lieate or sale (in respect 
or each property put up as a 
separate lot and sold) granted 
to the purchaser or any 
property sold hy public auction 
by a Ci\ i I or Re,·enuc Court or 
Co I Ice tor or Ren:n uc 0 nicer. 
19. Certificate or other document 
Tvventy rupees. 
Rs. I 0 
The same duty as a Bond 
(No- I)) l(1r such amount. 
Thirty rupees . 
Same duty as on 
Co1weyancc (No.D) for a 
market value or equal to the 
am 0 U ll t 0 f th c jl l I re has e 
money only 
evidencing the right or title or Five rupees. 
the holder thereof or any other 
person either to any shares, 
s\.:ript or stock in or or any 
incorporated comp;111y or otl}Cr 
body corporate or to become 
proprietor or shares. script or 
stock in , or of any such 
company or body. 
20. Charter Party. that is to say, any 
instrument (except and Fifteen rupees. 
;1grccn1cnt for the hire of a tug 
steamer), whereby a \ csscl or 
some spcci tied principal part 
thereof is left for the spcci fied 
purpose of the charter whether 
it includes a penalty clause or not. 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1209 
?IP.> . 
11 
b -.. 
22. Composition Deed that is to 
say, any instrument executed by Seventy five rupees. 
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 business, under the 
supervision of inspectors or 
- under letters of licence, for the 
benefit of his creditors. 
23. Conveyance (As defined by 
section 2( 10) not being a 
Transfer charged or exempted 
under No. 62. 
Where the market value of the Fifty rupees. 
property for such conveyance as 
set forth therein does not exceed 
Rs. 1000. 
Where it exceeds Rs. 1000 but 
does not exceed Rs. I 0000. 
Where it exceeds Rs. I 0,000 but 
does not exceed Rs. 50,000. 
Where it exceeds Rs. 50,000 but 
does not exceed Rs. 1,00,000. 
And for every Rs. 1,000 or part 
thereof in excess of Rs. 1,00,000. 
Provided that where the instrument 
or the conveyance is in respect of 
an industrial loan certified as such 
by the Director of Industries, 
Assam the stamp duty shall be half 
of the above rate. 
Sixty rupees per thou­
saiid or part thereof 
Sixty five rupees per 
thousand or part thereof 
Eighty rupees per thou­
sand or part thereof 
One hundred twenty 
rupees. 
1210 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 . .....~ 
24. Copy or extract certified to be 
true copy or extract by or by 
order of any pub] ic officer and 
not chargeable under the law 
for the time being in force 
relating to court fees. 
(i) ff 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 thL provisions of 
section 6-A. 
25. Counterpart or Duplicate of any 
instrument chargeable with 
duty and in respect of which 
proper duty has been paid. 
(a) if the duty with which the 
original instrument is 
chargeable does not exceed 
two rupees. 
Ten rupees . 
The same duty as is 
payable on the original. 
(b) in any other case not falling Ten rupees 
within the provisions of 
Section 6-A. 
26. Customs Bonds -
(a) Where the amount ('.8es not 
exceed Rs . 1,000 . 
(b) in any other case 
The same duty as bond 
for such amount. 
Fifty rupees 
28. Delivery order in respect goods Five rupees 
29. Divorce instrument of, that is 
to say, any instrument by which 
any person effects the 
dissolution of his marriage. Fifty rupees. 
- ·.~ 
~HE ASSAM GAZETTE, EXTRAORDINARY SEPT. 18, 2004 - 1211 
31. Exchange of property, 
instrument of 
33. Gift instrument of not being a 
settlement (No. 58) or will or 
transfer (No. 62) 
34. Indemnity Bond 
35. LEASE-including an under 
lease or sub-lease and any 
agreement to let or sub-let :-
(a) Where by such lease 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 
conveyance (No. 23) for 
market value equal to the 
market value of the 
property of greatest value 
as set forth in such 
instrument. 
The same duty as 
conveyance (No. 23) for 
market value equal to the 
market value of the 
prope11y of greatest value as 
set forth in such instrl1ment. 
The same duty as security 
bond for the same amount. 
The same duty as a Bond 
(No. I 0) for the whole 
amount payable or 
deliverable under such lease. 
(ii) Where the lease Th e same duty as a Bond 
purports to be r. , :· , tf' ·-,1 
of not ''.:_:, , ;.i,_· ~-
bu: r o .. 11-~\~ 1 e ! · \ ~~ 
(i. i l Whe re +h e i::·::ise 
purports to be for a term 
exceeding five years, and 
not exceeding ten years. 
~;Tc., 15) for the amount or 
'.:;_due of the average annual 
rent reserved 
The same duty as a 
conveyance (No. 23) for a 
market value equal to the 
an:ount or val 11e of the 
av cr .llSC ar ' Ll'l' re 11t 
res c:r·. ' <:1~. 
1212 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004c-
(iv) Where the lease The same duty as a 
purports to be for a tenn conveyance (No. 23) for a 
exceeding ten years, but market value equal to twice 
not exceeding twenty the amount or value of the 
years. average annual rent 
reserved. 
(v)Where theleasepurports The same duty as a 
to be for a term conveyance (No. 23) for a 
exceeding twenty years, market value equal to three ' 
but not exceeding thirty times the amount or value 
years. 
(vi) Where the lease 
purports to be for a tem1 
exceeding thirty years, 
but not exceeding one 
hundred years. 
(vii) Where the lease 
purports to be for a tem1 
exceeding one hundred 
years, or in perpetuity. 
(viii) Where the lease does 
not purport to be for any 
definite tem1. 
of the average annual rent 
reserved. 
The same duty as a 
conveyance (No. 23) for a 
market value equal to four 
times the· amount or value 
of the average annual rent 
reserved. 
The same duty as a 
conveyance (No . 23) for a 
market value equal in the 
case of a lease granted 
solely for agricultural 
purposes to one-tenth and 
in any other case to one­
sixth of the whole amount 
of rents which would be 
paid or delivered in respect 
of the first fifty years of the ' 
lease. 
The same duty as a 
conveyance (No. 23) for a 
market value equal to three 
times the amount or value 
of the average annual rent 
= 
• 
.. 
..:..1 =:....:.A-=S=S=A-=M'-'-'--'G=A'-=Z=ET=-T-=-=E,>-=E-=-"X=-=-T=-R'-'--A_,__,O=R-=D=--I"-'-N"'"""A-=R-=-Y~,--'S"'""'E=P~T'--'-. --"'l-=-8,,_, -=2-=--00"--4'----_ I 2 13 
(b) Where the lease is granted 
for a fine or premium or for 
money advanced and where 
no rem is reserved. 
(c) Where the lease is granted 
for a fine or premium or for 
money advanced in 
addition to rent reserved. 
Exemption 
Lease, executed in the case of 
cultivator and for the purpose of 
cultivation (including a lease of 
trees for the production of food 
or drink) without the payment 
which would be paid or 
delivered for the first ten 
years if the lease continued 
so long. 
The same duty as a 
conveyance (No. 23) for a 
mark et value equal to the 
amount or value of such fine 
or premium or advance as 
set forth in the lease. 
The same duty as a 
conveyance (No. 23) for a 
market value 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 
where· an agreement to lease 
is stamped with the 
advalorem stamp requir ed 
for a lease and a lease in 
pursuance of such 
agreement is subsequently 
executed the duty on such 
lease shall not exceed two 
rupees. 
· 1214 THE ASSAM GAZETTE, EXTRAORDfNARY, SEPT. 18, 2~,.. 
or, de I i very o [ any f i n e or 
premium, when a definite tern1 
is expressed and such tenn does 
not exceed one year, or when 
the average amrnal rent reserved 
does not exceed one hundred 
rupees . 
In this exemption a lease for the 
purpose of cultivation shall 
including a leas e of lands for 
cultivation togethe r with a 
homestead or tank. 
Explanation :- When lease un­
dertakes to pay any recurring 
charge, such as Government 
revenue ,. landlords share of 
cesses, ur the owner's share of 
municipal rates of taxes, which 
is by law recoverable from the 
lessor, the amounts so agreed to 
be paid by the leassee shall be 
deemed to be part of the rent. 
36. Letter of allotment of share s Five rupees. 
in any company or proposed 
company or in respect o[ any 
loan to be raised by any 
company or proposed 
company. 
38 , Letter of licence that is to say, Fifty rupees. 
any agreement between a 
debtor and his creclitiors that 
the letter shall for a specified 
time suspend their claims and 
allow the debtor to carry on 
business at his own discretion. 
, 
" 
iJjE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1215 
39. Memorandum of Association 
of a Company 
(a) If accompanied by articles Two hundred rupees . 
of association under section 
26, 27 and 28 of the 
Companies Act, 1958. 
(b) If not so accompanied. 
40. MORTGAGE DEED not being 
an agreement relating to 
Deposit of Title deeds pawn or 
pledge (No . 6) Bottomry 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 
mortga~or on agreed to be 
g1v.cn . 
(b) When possession is not 
given or agreed to be given 
as aforesaid . 
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. 
Five hundr ed !·upees. 
The same duty as a 
conveyance (No. 23) for a 
market va lue equal to the 
amount secure<J by such 
deed. 
The same duty as a Bond 
(No. 15) for the amount 
secured by such deed. 
(c)(i) When a collateral or Three rupees. 
auxiliary or additional or 
substituted security, or by 
1216 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2D01 
~--.-
way of further assurance for 
the above mentioned 
purpose where the 
principal or primary 
security is duly stamped 
for every sum secured not 
exceeding Rs. 1,000. 
(ii) and for every Rs. 1,000 or 
part thereof secured 1n 
excess of Rs. 1,000. 
Exemptions 
( 1) Instruments executed by 
persons taking advance 
under the Land 
Improvement Loans Act, 
1983 or the Agriculturists' 
Loans Act, 1884, or by their 
sureties as security for the 
repayment of such 
advances. 
(2) Letter of hypothecation 
accompanying a bill of 
exchange . 
42. Notarial Act , that is to say, 
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 
not any public. 
43. Note or Memorandum sent by 
a Broker or Agent to his 
Principal intimating t~e 
purchase or sale on account of 
such principal. 
Four rupees . 
' 
Act. XIX of 1883 . 
Act. XII of 1884 
Fifteen rupees. 
0 
J»E ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 - 121 7 
(a) of any goods exceeding in Five rupees . 
value twenty rupees. 
(b) of any stock or marketable Five rupe es for every 
security exceeding in value Rs. 10,000 or part thereof 
twenty rupees . of the value of the stock or 
security. 
Note of Protest by the Master of Ten rupees . 
Ship 
45 _, PARTITJON- Instrument of The same duty as a Bond 
[As defined by section 2( 15)]. (No. 15) for the amount or 
the value of the separa ted 
share or sh are s of the 
property. 
N.B. - The largest share remaining aft er th e prop erty is 
partitioned (or if there are two or more shares of e qual value 
and not smaler than any of the other share then one of such 
equal share) shall be deemed to be that from which the other 
shares are separated. 
Provided always that -
(a) When an instrument of 
partition containing an 
agreement to divide 
property in severalty is 
executed and a partition is 
effected in pursuance of 
such agreement th e 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 three rupees and 
thirty paise ; 
1218 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 
(b) Where land is held on 
revenue settlement for a 
period not exceeding thirty 
years and paying the full 
assessment, the value for 
the purpos e of duty shall be 
calculated at not more than 
fifty times the annual 
revenue, 
(c) Where a final order for 
effecting a p::irtition passed 
by any revenue authority or 
any Civil Court, or an 
award by qn arbitrator 
directing a partition is 
stamped with stamp 
required for an instrument 
of partition and an 
1ment of partition in 
, .mce of such order of 
.t 1vard is subsequently 
executed the duty in such 
instrument shall not exceed 
three rupees and thirty 
pa1se. 
46. Partnership 
A - Instrument of -
(a) where the capital of the The same as the Bond 
partnership does not exceed (No. 15) 
Rs . 1.000. 
(b) in any other case 
B - Dissolution of -
Rupees one hundred 
Power or Pledge -See Fifty rupees. 
Agreement relating to 
deposit of Title deeds 
Power of Pledge (No. 6) 
48. Power of Attorney (As defined 
by Sec. (21 ), not being proxy 
(a) When executed for the sole Fifteen rupees 
purpose of procuring the 
.. 
THE ASSAM GAZETTE, EXTRAORDINARY. SEPT. I 8, 2004 1219 
.0 
registration of one or more 
documents in relation to a 
single transaction or for 
admitting exceution of one 
or more such documents. 
(b) When required in suits or Fifty rupees 
proceedings under 
Presidency Small Cause 
Courts Act, 1882. 
(c) When authorising one One hundred rupees 
person or more to act in a 
single transaction other 
than the case mentioned in 
clause (a). 
(d) When author ising not more Two hundred rupees 
than five persons to act 
jointly and severally in 
more than one transaction 
or generally. 
J 
( e) When authorising more Four hundred rupees 
than five, but not more than 
ten persons to act jointly 
and severally in more than 
one transaction or generally. 
(f) When given for consideration Same duty as a conveyance 
and authorising the attorney (No. 23) for the amount of 
to sell any immovale the market value. 
property . 
(g) In any other case 
54. RECONVEYANCE OF 
MORTGAGED PROPERTY -
(a) If the consideration for 
· which the property. was 
mortgaged does not exceed 
Rs.1000. 
(b) If any other case 
One hundred rupees 
The same duty as a 
conveyance (No . 23) for 
the amount of the market 
value as set forth in the 
conveyance. 
Sixty rupees. 
' 
1220 THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 , 
55 . Rel ease 
(a) if the amount or value of The same duty as a Bond 
the claim does not exceed for such amount or valu e 
Rs. 1000. as set forth in the Rele ase. 
(b) in any other case 
57 . Security Bond or Mortgaged 
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. 
Fifty rupees. 
(a) wten the amount secured The same duty as Bond 
does not exceed Rs . 1,000 for the amount secured. 
(b) in any other case Fifty rupees. 
58. Settlement 
A. Instrument of. (including a The same duty as a 
deed of dower) . conveyance (No. 23 ). 
B. Revocation of. 
60. Shipping order 
61 . Surrender of Lease 
(a) when the duty with which 
the lease is chargeable does 
not exceed ten rupees. 
63. Transfer of Leas e · by way of 
assignment and not by way of 
under lease . 
/ 
The same duty a s a 
conveyance for a sum 
equal to the amount of 
value of the property 
concerned as set forth in 
the instrument of 
revocation. 
Five rupees. 
The duty with which 
such lease is chargeable . 
The same duty as a 
conveyance (No. 23) for 
a market value equal to 
the amount of the market 
value for the transfer. 
..,,,. 
• c 
THE ASSAM GAZETTE, EXTRAORDINARY, SEPT. 18, 2004 1221 
Exemptions 
Transfer of any lease exempt from 
duty. 
64. Trust 
A.- Declaration of, or concerning 
any property when made by 
any writing not being a will 
B.- Revocation of, or concerning, 
any property when made by 
instrument, any other than a 
will. 
I 
65. Warrant for Goods 
The same duty as a Bond 
for a sum equal to the 
amount or value of the 
property concern, as set 
forth in the instrument. 
The same duty as a Bond 
(No. 15) for a sum equal 
to the amount or value of 
the property concerned, as 
set forth in the instrument, 
but not exceeding thirty 
rupees. 
Five rupees." 
M.K.DEKA, 
Commissioner & Secretary to the Govt. of Assam, 
Legislative Department, Dispur . 
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., 
Assam, Guwahati-21 (Ex-Gazette) No. 3 79-500-600-18-9-2004. 

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