The ASSAM STAMP (AMENDMENT) ACT, 1950
Assam · state statute
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ASSAM ACT Vll OF 1950
*TH E ASSAM STAMP (AMENDMENT) ACT, 1950
[Pu blished in the "Assam Gazette, Extraordinary", dated the 30th Marc o 1950]
An
Act
to am end the Indian Stamp Act, 1899, in its appli cation to Assam
Preambl e.-Wbereas it is expedient to increase temporarily the revenues of
Assam and for that purposes to amend the Indian Stamp Act, 1899 (lT of 1899),
hereina fter called the principal Act, in its application to Assam, in the manne r
hereina fter appearing;
It is hereby enact.:d as follows :-
1. Short titl e, extent and commence ment.-( J) This Act may be called the
Assam Stamp (Amendment) Act. 1950.
(2) It extends to the whole of Assam.
(3) It shall come into force on tht! first day of April 1950 :tnd shall rema in
in force for a period of five years.
2. Amendm ent of section 3.- Jn section 3 of the principal Act,
(1) after clause (c) the following shall be inserted, namely :-
" Provided that, except as oth.:rwise expressly provided in this Act, and
notwithstanding anything contained in clau ses (a). (b) or (c) of this section
the amount indicated in Schedule I to this Act shall. subject to the exemp
tions contained in that schedule, be the duty chargeable under this Act on
the following instruments, mentioned in clauses (aa) and (bb) of this proviso,
as the proper duty therefor respectively, -
(aa) every instrument, mentioned io Scbei..lulc T as chargeable with duty
under that schedule, which. not having been previou~ly executed by
any person, is executed in Assam on or after the first day of April
1950: and
(bb) every instrlllllent mentioned in Schedule l as chargeable with duty
under that schedule, which, not having been previously executed by
any person, is executed out of Assam on or after tbe tirst day of
April 1950, and relates to any property situated, or to any matte r or
thing done or to be done in Assam, and is rece ived in Assam,"
(2) after the word "provided" the word "also" shall be inserted.
3. Amendm ent of section 4 (1).-In sub-section (1) of section 4 of the
principal Act-
for the words "one rupee" the words "two rupees" shall be substituted.
4. Amendment of section 6.-In section 6 of the principa l Act,-
In the proviso, for the words "one rupee" the words "two rupees" sha ll
be substituted.
5. Amendm ent of section 28(4).- I n the proviso to sub-section (4) of
section 28 of the principal Act, for the words "one rupee" the words ~'two
rupees" shall be substituted.
*For statement of Objects and Reasons see "Assam Gazette". 1950, Par! V,
page 32.
301
6. Amendment of section 32.-Jn section 32 of the princip::tl Act-
O) in clause (a ) of the proviso, after the words ·•any instrument" the
words "other than an instrument chargeab le witb a duty under
clause (bb) of the first proviso to section 3" shall be inserted ;
(2) the word "or" at the end of clause (b) of the proviso shall be omitt ed ;
(3) after clause (c) of the proviso the following shall be inserted, namely:
"or
(d) any instrument chargeable with duty under clause (bb) of the
first proviso to section 3 and brought to him after the expira tion
of three months from the date on which it is first receiv ed in
Assam."
7. New Schedule IA.-ln Schedule I to the prin cipa l Act. for items
t{os.l-12, 15-20. 22-26, 28-36. 38-46. 48, 50-51, 54-61 and 63-65, the followi ng
sball be substituted, namely-
'SU HEDULE I
Stamp duty on certain Instruments under the Assam Stamp (Amendment) Act, 1950.
(See section 3 and first proviso)
D~srripli on of' insu·umrnt Proper stamp-duty
( I) (2)
L ACKNOWLI!.DOMENT of a debt ex- One anna .
ceeding tv.•t>ntr rupees in amount or
value, written or signed by or on behalf
f, a debt or in order to supply evidence
f such debt in any book (other than a
aoker's pass-book) or on a separate
ieee of paper when such book or paper is
eft in the creditor's possession: provided
hat such acknowledgment does not con-
ain any promise to pay the debt or any
ipulation to pay interest or to deliver
ny goods or other property.
2. ADMINISTRATION-BOND includ-
' g a bond given under section 6 of the
overnment Savings Banks Act, 1373,
Act V of 1873), or section 291 or
ction 375 or section 376 of thl' Indian
uccession Act, 1925 (Act XXXIX of
925).
(a) Where the amount do<>s not The ~a me duty as a Bond (No.l5)
exceed Rs.l ,000 for such amount.
(b) in any other case Ten rupees .
302
( Sched~le /)
Description of illstrucrion Proper stamp-duty
(I) (2)
3. ADOPTION-DEED, that is to say, Twenty rupees.
fi~W instrument (other than a will), re-
cording an adoption, or conferring or
.flurporting to confer au authority to
adopt.
AovocATE.-See Entry as an advo-
cate (No.30).
4. AFFIDAVIT, including an affir- Two rupees.
mantion or declaration in the case of
persons by law allowed to affirm or
declare instead of swearing.
Exemption
Affidavit or declaration m writing
when made-
(a) as a condition of enli~tment
under the the Indian Army
Act, 1911 (Act VIII of 1911).
(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 enabl
ing any person to receive any
pension or cha ritable allowance.
5. AGREEMENT OR MEMORANDUM
OF AN AGREEMENT-
(a) * * • * *
(b) (i) if relating to the sale of a
Government security ;
Subject to a maximum of
rupees , two annas for
Rs.l 0,000 or part thereof,
value of the securitY.
(ii) if relating to the safe of a
share in an incorporated com
pany or other body corporate;
Two annas for
part thereof of
share.
(c) if not othrewise provided for ; One rupee. 'I
303
(Schedule I)
Description of instrument Proper stamp-duty
(I) (2)
(d) executed for service or for Four annas.
performance of work in any
estate whether held by one
person, or by more persons than
one as co-owners , and whether
in one or more blocks, and
situated in Assam, where the
advance given under such agree
ment does not exceed fifty ru
pees.
Exemptions
or memorandum of
(a) for or relating to the sale of
good~ or merchandise exclusive
ly, not being a note or mernoran
Jum chargeab le under No.4.:3.
(b) made in the form of tenders
to the Government of I ndia for,
or relating to, any loan
AGREEMENT TO LEASE. -Scr lease
).
RELATING TO OEPO·
OF TlTLC:·DEEDS, PAWN OR PLFDCE,
is to say, any instrument t:vidcneing
agreement relating to-
(1) the deposit of title deeds or ins
constituting or being evidence
e title to any property whatever
than a marketable security), or
the pawn or pledge of movable
.,,.,.,,~ .... .,, where such deposit, pawn ot·
been made by way of security
the repayment of money advanced
to be aclvancecl by way of loan or an
ting or fu lure debt-
(a) if such loan or debt is rep ay
able on demand or more than
three months from the dale of
304
(Schedule I)
Description of instrument Proper stamp-duty
(I) (2)
the instrument evidencing
the agreement-
If drawn in If drawn on
set of two, for set of three for
If drawn each part of each part of
singly the set the set
Rs. Rs. a. p. Rs. a. p. Rs. a. p.
(i) when the amount of the
loan or debt does not
exceed 200 0 4 6 0 3 0 0 6
(ii) when it exceeds Rs.200 but
does not exceed 400 0 9 0 0 4 6 0 3 0
Ditto 400 ditto 600 0 13 6 0 7 6 0 4 6
Ditto 600 ditto 800 I 2 0 0 9 0 0 6 0
Ditto 800 ditto 1,000 6 6 0 12 0 0 7 6
Ditto 1,000 ditto 1,200 II 0 0 13 6 0 9 0
Ditto 1,200 ditto 1,600 2 4 0 1 2 0 0 12 0
Ditto 1,600 dittO 2,500 3 6 0 Ill 0 2 0
Ditto 2,500 ditto 5,000 6 12 0 3 6 0 2 4 0
Ditto 5,000 ditto 7,500 10 0 0 5 0 3 6 0
Dit.to 7,500 ditto 10,000 13 8 0 6 12 0 4 8 0
Diuo 10,000 ditto 15,000 20 4 0 10 2 0 6 12 0
D iuo 15,000 ditto 20,000 27 0 0 13 8 0 9 0 0
D itto 20,000 ditto 25,000 33 12 0 16 14 0 11 4 0
Ditto 2 ,000 ditto 30,000 4{) 8 0 20 4 0 13 8 3
and for every additional Rs. 10,000 or part
thereof in excess of Rs.30,000 .. 13 8 0 6 12 0 4 8 0
(b) if such loan or debt is repay - Half the duty payable on
able not more than three or debt under clause (a)
months fmm the date of such clause (a) ( ii) for the a
instrument. secured.
7. APPOINTMENT IN EXECUTION OF Twenty -five rupees .
A POWER, whether of trustees or of pro-
perty , movable or immovable, whether
made by any writing not being a will.
8. APPRAISEMENT OR VALUATION
made otherwise than under an order
of t he Court in the course of a suit-
(a) where the amount does not The same duty as a Bottomr y
exceed Rs.l ,000. (No.l6) for such amount .
(b) in any other case. Ten rupees.
I
....... ~ .. -........... -... ,,.. ... ~~~~~~':::
305
( Scfledttle I)
Description of instrument
(I)
Exemptitms
(a) Apprai sement or valuation
made for the information of one
party only , and not being in
any manner obligatory between
panics either by a~reemen t or
operation of law.
(b) Apprai:.emenl of crops for thf"
purp ose ol asccttaining the
amount to be gh·cn to a landlorrl
as rent.
9. APPR.ENTICE SHIP·l> EEO, including
ery writing relating lo the sen·ice- or
ition of an y appren lice, clerk or scl'vaHl
laced with auy master to lea.rn an) pro
essiou, trade ur etnployrncnt: not h ::illg
rticle s of Clcrk-,hip ( ~o.l J ) .
gwmptions
Ins trum ent~ of apprenti~:c:-ship exc•
uted IJy a l'vfagist rat t: under the Ap·
rentice::. . \ ct, W:'>U (Act ~\JX uf W.JO,~.
r by which a p erson is apprenticed by, or
t the charge of, any public clr-.u·ity.
10. ARTI CLES 01 i\SSOUIA'l'ION OF A
CoMPANY -
(a) where the Hominal shar e
capiral rlnc.> not C'XCf't•d one
lakh of mpft ·s;
(b) where til<: n<,tnitt:11 ~ han.: c.:api·
taJ CXCCI'dS VliC J.tkh.
Art id e ~ nf ; 1 " Y as~o< i•Hion n .. l i<H'mt d
r proiit aud r cgls ll'rcd under Sc"Ctl<llt 21,
ftlt l' lndi,tn C:ompn11ics Ad, 1 ~1:{ (:\.-1
II of 1913). See also :\'l<:mOT"andllnt of
\&.<;oriilt iott of a C:ott1p<lll\ .. '\o)\t t)
(2)
Ten n1pees.
Fif'ly rupees.
306
(Schedul8 I )
Description on instrument
(1)
11 . ARTI CLES OF CLERKSHIP or contrac t
whereby any person first becomes bound
to se!Ve as clerk in order to his admission
as an atto rney in any High Court.
AssiGNMENT- See Conveyance (No.23 ),
Transfer ( ' o.62) and Transfe r of leal:>e
(N(,.63), as the case may be.
ATTORNEY-See entry as an Attorney
(No. 30), and Power-of-attorney (No.48).
AuTHORITY TO ADOPT--Sec Adop
tion -deed (No.3).
12. AWARD, that is to say, a.ny deci
sion in writing by an arbitrator or umpire,
not being an award directing a partition,
on a reference made otherwise than by an
orde r of the Court in the course of a suit -
(a) where the amount or value of
the property to which the
..1ward relates as set forth in
such award does not exceed
Rs.l,OOO ;
(b) if it exceeds Rs.l,OOO b ut does
not exceed Rs.S,OOO ;
and for every additional Rs.l ,000
or part thereof in excess of
Rs.5,000.
E:>.·emptions
Award under the Bombay D istrict
Muni cipal Act, 1901 (Bombay Act III of
190 I), Sectio n 160, or t he Bombay H eredi
tary O ffices Act, 1874 (Bombay Act IIJ of
1874), Sectio n 18.
13.
14.
* •
*
15. BoND [as defined by sectio n 2(5)],
not being a DEDENTURE (No.27), and not
being otherwise provided for by this Acl,
or by-the Court-fees Act, 1870 (Act VII of
1870)-
. where the amount or value secured
does not exceed Rs.l 0 ;
where it exceeds Rs.IO and doe s not
exceed Rs .50 ;
where it exceeds Rs.50 and does uot
e..'(ceed Rs.lOO ;
Proper stamp-duty
(2)
Two hundred and fifty r up ees.
The same duly as a Bond (No.1·
for such amount .
Ten rupees.
Eig ht axmas subj ect to
of ftfty TUpees.
*
* *
Two annas.
Four annas .
Eight annas.
•
307
(Schedule 1)
Dc~.:riptiotl ol' in,uun.,..nt
( I)
where it exceed~ R.s.lUO and docs not
~x<.eed Rs.200 ;
'"!ten: it exceeds Rs.200 and docs not
e:xceed Rs. 300 ;
where it exceeds &.300 and doe~ not
exceed Rs.400 ;
where it exceeds Rs.400 and does not
e.xceed Rs.500 ;
where it exceed!) R~ . .JOO and does uot
cxceecl..Rs.600 ;
where j t exceeds Rs. 000 and du~.:~ noL
cxct'ccl Rs. 700 :
where it exceeds L{s. 700 and does not
~:xceed R s.80U ;
where it exceeds Rs.800 and doc!> n•>t.
exceeds R s. 900 ;
where it exceeds Rs. 900 and docs not
exceed Rs.l,OOO ;
and fol' every Rs.SOO or part thereof
in cxcess ofRs.l,OOO.
See Administration-lkmcl (No.:l)>
Bottomrr Bond (No.l6), Customs Bond
(No.:-!6), Indemnity Bond (No.34), Res
pondentia. Rnnd (No.56), Security Bonet
( ~o.57).
EA'CmjJiions
.Bond> when execUted by-
(a) headmen nominated under
rules framed in accordanci.'
with the Bengal Irrigation
Act, 1876 (Beng·. Act Ill of
1876), Section 99, for the
due performance of their duties
under thal Acl ;
(b) any person lor the purpo~e
of guaranteeing that the locat
income derived ti·om private
subscriptio1l!! to a charitable
dispensary or hospital or nny
o ther object of public utility ,
shall not be less than a sprcific<.l
:.urn per memem.
Prover Hatup-duty
(2)
~)ne ntpcc.
Two rupe<·-; low annas.
Three rupe~.
Three rupees lweln: aunas.
Four rupe e.., ei~bt annas.
Fi,ce rupee s iuur aunas.
i:iix rupee~ .
Six rupees twelve au11~: .,.
Seven rupees eight amJ..\.;,
Three rupee:; twelve <lnnas.
308
Dcscriptiou of i n~tnunrnt
(I)
16. BoTT OMRY BoNo. that is Lo
say, any instrument whcr~by the mast<'r
of a sea-going ship borruw~ money on
the security of the ship to enable hirn to
preserve the ship or prosecute her voy
age-
where the amo un l or value secured
does not exceed Rs.lO :
where it exceeds Rs.l 0 and docs
not exceed R s.50 ;
wher e it exceeds Rs.50 and docs
not exceed Rs.lOO ;
where it exceeds Rs.IOO and doe:.
not exceed Rs. 200 ;
where it exceeds Rs. 200 and does
not exceed Rs.300 ;
where it e..xceeds Rs.300 and does
not exceed Rs.400 ;
where it exceeds Rs.400 and docs
not exceed Rs.500 ;
where it exceeds Rs.SOO and does
not exceed Rs.600 ;
where it exceeds Rs.600 and does
not exceed R s.700 :
where it exceeds Rs.700- and does
not exceed Rs.800 ;
whe re it e..xceeds Rs.80 0 and does
not exceed Rs.900 ;
where it exceeds Rs.900 a nd docs
not exceed Rs.l ,000 ;
and for evety Rs.500 or part
thereof in excess of Rs.l,OOO.
17. CANCELLATION-Instrument of
(including any instrum ent by which any
inst rument previou sly executed is can·
celled), if attested and not otherwise
provided for.
See also RELEASE (~o.55}, Revo
cation of Sett lement (No.58-B), Surren·
der of L ease (No.6l), R evocation of
Trust (No.64 -B).
18. CERTIFICATE OF SAL£ (in res•
pect of each property put up as a separate
lot and sold), gtantcd to the purchaser
of any property sold by public auctiou
by a Civil or Revenue Court, or Collecto r
or other Re\·enue officcr-
(a) where the purchasc ·moncy
does no~ exceed Rs.l 0 ;
J)
PJ·upcr-slam p·duty
(2)
'l h1 ee annas .
Six annas.
Twelve a nnas.
One rup~e eight annas .
Two rup ees four annas .
Thre e rupees.
Three rupees twelve annas .
Fou r rupees eigh t annas .
fi\•e rupee s four annas .
Six rupees.
Six rup ees n,,-clvc annas .
Seven rupees eight annas .
Three rupees twelve annas.
Seve n rupees eight ann as.
Four anna!>.
Ut"SLripltou nl i ns tl UIU<Ill
{I)
309
1.1
(Sc/u>rluft•
(b) where dw purd~<tsc-muue y
c'{n:ed'l R~.Ju, l>ttt docs
uot t:·xcccd Rs.23
(r ) in .:lly othc1 case
I U. GJ::RTIFICAT£ nR OTI-JF.R noct
MENT evidenc ing the right ot Iitle of i.ilc
holder thcl'enfor any other pcrl>on, either
to any sha res, ~nip or .-1ock in or or <Ill~
incorporated compan~ or t>1hcr l>orl:
corpora re, r.r to becomt' prop • i.-tc•r of
sha1 cs, .<.crip or 1;tocJ.: in or or any su eh
rumpany or b11d)'·
See LnTER
SnAREs
0 ~ .\ Ll.\1 l.\11·.£1; l I))
(~'io.3u ) .
:20. CHAn·rER I'ARn, that i.o., lo say,
auy instrumnll (exc ept an agrPemc1l t
for 1 he h li'C o(' a llt~·Slc';\lller ), whtTCb) a
vcs;.cJ or ~onw :,pecifird pt i11cipal parl
thereof i$ let l(n 1 he specified purposes
of the char1c1, whether j t indndes a
pena lty clause or not.
*
:!2. C O.\fPO:,r'J HJ:-H>CJ:.ll. tit at 1s 10
::,ay, any iastnunclll executed by a
debtor, whereby he convey :s his pro·
pert y lor the bene fir of his creditors, or
whe reby payment of a composition Pl'
dividend on their · dchh i ~ ~ccured 1.o
the cred itors, or whereby provision is
made for the cuutinuaucc of Lhc deb
tor's busiuc~!>, under the :.upervision of
inspectors or under letter:; of liceme,
for the benefit of his creditors.
2S. CoNVEYANCE La ~ defin ed b~
section :2(10)], not being a Tnu13fcr
charged or exempted 11nder )ilo.n2-
\\'here the tullOltlll or \'Him· · ,f tlw
t·omick rattOl l liw ~ udt Cllll\'t\
..tllt:e <.Is set forth thcrciu dot''>
uot ext.:eed Rs.!iO ;
/ )
Pwpct statnp-dul}
(2)
Eight <IUII<I~ .
The same rlut r as a conve >'>l
(Nu.~ ~l ), for a comidcratio11 cq
to the alllount of the purch <.
moncv only.
I' wo <J.rmas.
J 'wo 1 upee~.
*
'l'wr ll l y 1uper <· .
'rw<'l\·e anna,;,
rno
(Schedule I)
Description of instrument
(I)
where it exceeds Rs.50 but does
nol exceed R~.l 00 ;
where it exceeds Rs.lOO but does
not exceed Rs.200 ;
where it exceeds Rs.200 but does
not exceed Rs.300 ;
where il exceeds Rs.300 but docs
not exceed Rs.400 ;
where it exceeds Rs.400 but does
not exceed Rs.500
where il exceeds Rs.500 but does
not exceed Rs.600 ;
where it exceed-; R.s.600 bu t does
not exceed Rs. 700 ;
where it exceeds Rs.700 but does
not exceed Rs.800 ;
where it exceeds Rs.800 but does
not exceed Rs.900 ;
where it exceeds Rs.900 but does
not exceed Rs.I,OOO ;
and for every Rs.500 or part the re
of in excess of Rs.l ,000.
Exemptions
Assignment of copyrig ht under
the Indian Copyright Act, 1914
(Act III of 1914), section 5.
Co·PARTNERSHIP• DEED.-See Part·
nership (No.46).
24. COPY OR EXTRACT, certified
to be a true copy or extract or by order
of any public officer and not chargeabl e
under the Ia w for the time being in force
relating to court•fees-
(i) if the original was not charge•
able with duty, or if the duty
· with which it was chargeab le
does not exceed one rupee ;
(ii) in any olher case not falling
within the provisions of section
6A.
Proper stamp-d uty
(2)
One rupee eight annas.
Three rupees.
Four t'Upccs eight annas .
Six rupees.
Seven mpc~ eight annas.
)1ine rupees.
Ten rupee s eight annas .
Twelve rupees.
Thirteen rupees eight anuas.
Fifteen n tpee::s.
Seven rupee~: eight annas.
One rut:Jee.
T wo rupees.
311
(Schedule I)
Description of irntrum enl
{I)
ExemjJtions
(a) Copy of any paper 1·vl1ich
a public officer is expressly
required by law lo make o r
rurn ish for record in any publ ic
office or for any public purpose.
(b) Copy of or extract fi"om, any
register relating to bir ths,
bapt isms, namin gs, ded ica
ticms, marriage~. divorc<:~s.
deaths or burials.
25. OotJN'l'E RPART OR DuPL.IUATE of'
any instrument , chargeable wit h duty and
in respect of whidt the pr()per dut r Ita~
bec·n paid ·
(a) iC the duty w.ith which the or i
gimtl instrunwnl i:> chargeable
does !1<>1 exceed t\I'CJ rnpces ;
(b) in any other case not Jalling
wit hin the provis ions of sf'c
[ion 6A.
Exemption
Counterpart r>f any lease granted to
a cultivator, whe u such lease is f.Xt~mptcd
fi·om duty.
~6. CusTmls-HoND-
27.
(a) whe re the amo unt dew!: not ex ·
cecd Rs.l ,000
(b) in nuy nthcr case
•
28. D ELIVE R Y ORDER lN RESPECT OF
cooos, that is to :my, any inslrumcut cu
titling any person therein named, or his
assigns or the holder thereof, to the deli
very of any goods lying i.n any clock or porl
or in any warehouse in which goods an·
stored or depo sited on renl or hire, or ttpon
;:my wharl~ such instrum ent being signed
by or on behalf of the; owltcr of sur.h good~
upon the sale or tr;:wslb· of the pmp('ny
therein, wht"n sw: h goods exreed in vaiLtt'
*wenty rupe es.
Proper stamp-duty
(2)
T he same dn lv as is payble ~on t}
orig inal. ·
Two mpecs.
The ~a mc duty as a Bot tom rv Bon
(Nn.l6) for such amonnt .'
'1 'en rupees .
... • •
One ann:1.
312
(Schedule I)
Description of instrument Proper stamp -duty
(I) (2)
DEP OSIT OF TITLE -DEEDs-See Agree·
ment relating to Deposit of Title-deeds,
Pawn or Pledge (No.6).
DISSOLUTI ON OF P ARTNERSitLP-See
Partner !;hip (No .46).
29. DivORCE-Instrument of~ that is to
say, any instrument by which any person
effect.; the dissolution of his marriage.
DoWER-Instrument of, See Settle
ment (No.58).
D uPLICATE-See Counterpart (l o.25).
30. ENTRY AS AN ADVOCATE, \1 AKlL OR
A'rl'ORNEY ON TI-lE ROLL OF .\NY Hrcn
CouRT, under the I ndian Bar Councils
Act, 1926 (Act XXXV Ill of 192u), or in
excercisc of powers conferred on such
Court by Letters Patent or by the Legal
Practitioners Act, 1884(Ac t IX of 1884)-
(a) in the case of an Advocate or
Vakil ;
(b) in the case of an Attorne y
E:mnption
Entry of an Advoca re, Vaki l or
Attorney on the roll of any High Court,
when he has previously been enrolled in a
High Court.
31. ExcHAN Of: or·· PROPERTY - Instru
ment of.
ExTRACT- See Copy (No.24·).
32. FURTHt::R CHARGE- Ins trument
of, that is to say, any instrument imposing
a futher charge on mortgaged property-
(a) when the original mortgage
is one of tbe description refer
red to in clause (a) of ,\rticle
No.40 (that is, with pos~es
sion) ;
Five rupees .
Seven hundred and fift} ' rupees.
Five hundred rup ees.
The same duty as a conveyance
(No.23) for a conside ration equal
to the value of the property of
greatest value as ~et fort h in such
instrument .
Tlte sarne duty as a conveyancr
(No.23 ) for a consideration equal
w 11tc amoum of the further charg e
secured by ~ u c h justrument. '
313
(Schedule /)
llc:scn!Jlion ul I USi flllUUll !'roper starnp-duty
II) (2)
(b) when :.tt< .. h u1onga~e b om; of
Ll ll: d<.::,cripLion rcll;rrcd to itJ
cl,msc (b) of Atticlc No.40
(that i:,, wiihoul posscs~io tr )-
(i) il" ut the tum: of cX('Ctttiun ofti,c
instrument uf l .1 !her dutg('
P?:;se::;~ion ul' Lire prnpt.rL}' is
g1vcu ur Hg!'tl'U to IJc gi \'Cll
ttndc t ~udr iustrumcltl.
Tl.c same duly as a conveyance
(I\ CJ.23) for a considern tion cy ual
to the total amount of the chargc
including the original mortgage
and an) further charge already
mack), less the dn ty ulready paid
on such nriginal mortgage and fur
ther charge.
(ii) if poss es~:ion is not Ml givc n Th~:. same dul) a::. Hom.l (:'\u.15) lor
tl1e amrJttnt of the further charge
set nrcd b) sueh imtnun cn t.
:n. GrFl - ln:,trumcllt 01; not hciug a
tLielltt:llt (Nu . .SU) n1 \Vi i! ur 'l'ran~kr
(l\o .G2).
HIRING !\(JR.C.E~IEN'l or ,l;.;rcCillt:nt lor
·ce, .S'ee /\grcemull (No.!>).
J-4. l NoEMNlTY Bor-;o
{1\ :; t •Gt:l'OR~lHI' Dl:.l:ll .
~ i tion-Dl'cd (:\o.~~).
:~5. L:.:.sL, im· ! ndi!l~~ <.!It ttnderka~~. or
sub-lca~c and •til}' <•gn:cnJr=.ll to kt 01 ::;ub
lel-
(a)wlttTt: b} ,wl1 !e.t~c tltl' H:lll i:,
n~ed and no pruninm i, pcaid
or deliy,·rccl-
(i) witcH· tl~t · k ,c pnrpt\J'I;. lo ht:
fut a liTUJ ot· lc , lltan vnc
yt·ar ;
(i1) wlren: lha· l. ·c~se pmpoll,; to l1e
fin· a lt rm t•f trill lc:;s than t>llt:
year 1>111 lh>l nt••n· lh<~P !ave
year.> ;
(iii) where the k<t ~c p trr ports tu he
1;·1 it tCrlil txc(:cding h•c
)1'.1r~ .lttd IIPl 1 X( ceding ten
\(,U'• ;
l'ho.:: s1.mc duty a:. a conveyance
(l':o.n) for a ct111sidcralion equal
to 1 hc \·alue 0f the property as set
for t!J in ~~u ll imtrumcnt.
l'he same d uty as a :;c<:urity Bond
(:'\o.5 7) for the same amount.
l'he !•amc duly a s a Bo tto mry lionel
(1\u.ltl) for the wbolc <tmount pay
uhk 01 tlcl iH-rablt: uudcr sucl r lca~c.
'i he ~·.au.t· du ty ~s a Boltonny Bond
( .'\o .l i.) Jut rl:c .11no11 n 1 or va luc
of tlrt: ;\\ t·r;•gl' ;mnua l 1 cnt rl'scrvnl.
J h, '-<IIlii' dnly ;r-; ;, conveyance
(~o.'2 3 ) lor a < o11sidcration t'<f'''' l
to the <tJlto•nH nr vulue of the aver<~tr~
,, 11111 u:. I 1· JJI r 1 ·set vecl. J
314
(Schedule I)
Description of instrum ent
(1)
(iv) where the lease purports to be
for a term exceeding ten years,
but not exceeding twenty
years ;
(v) where the lease purports to be
for a term exceeding twenty
years, but not exceeding
thirty years ;
(vi) where the lease purports to be
for a term exceeding thirty
years, but not exceeding one
hundr ed years ;
(vii) where the lease purports to be
for a term exceeding one hun
dred years or in perp etuity ;
(viii) where the lease does not
purport to be for any definite
term;
(b) where the lease is granted for
a fine or premium, or for
money advanced and wher e
no ren t is reserved ;
(c) where the lease granted for a
fine or premium, or for money
advanced in addition to rent
reserved ;
Proper stamp-duty
(2)
The same duty as a
(No.23) for a consideration equal
to twice the amoun t or value of the
average annual rent reserved.
The same duty as a conveyance
(No.23) for a consideration equal
to three times the amount or value·
of the average annual rent reserved.
The same duty as a conveyance
(No.23) for a consideration equal
to four times the amount or value
of the average annual rent reserved.
The same duty as a conveyance
(No.23) for a consideration equal
in the case of a lease grante d solely
for agricultural purposes to one·
tenth and in other case to one-sixth
of the whole amoun t 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 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 conti·
nued so long.
The same duty as a conveyance
(No.23) for a consideratio n equal
to the amount or value of such fine
or premium or advance as set - tnrth "' ~
in the lease.
The same duty as a conveyance
(No.23) 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 deli·
vered :
Provided that, in any case when an
agreement to lease is stamped
with the advalorem stamp required
for a lease, and a lease in pursuan ce
of such agreement is subsequently
executed, the duty on such lease
shaH nort exceed twelve annas.
315
(Schedule D
Description of imtrument
(I)
Exemption
(a) Lease, executed in the case of
a cultivator and for the pur
poses of cultivation (including
a lease of trees for the produc
tion 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
purpose of cultivati on shall
include a lease of lands for
cultivation together with a
homestead or tank.
(b) Lease of fisheries granted
under the Burma Fisheries Act,
1905 (Burma Act III , 1905),
or the Upper Burma Land and
Revenue R egulation, 1889
(III of 1889).
Explanation.- When a lessee under
to pay any recurring charge, such as
~:nuPrr'""'"nt revenue, the landlord' s share
or the owner's share of municipal
or taxes, which is by law recoverable
the lessor, the amount so agreed
be paid by the lessee shall be deemed to
part of the rent.
36. LETTER OF ALLO'ThffiNT OF SHARES
any company or proposed company, or
respect of any loan to be raised by any
ei.iltc>ntpalny or proposed company.
OR OTHER
• •
Twoannas.
•
Proper stamp-duty
(2)
•
LETTER OF LICENcE, that is to say,
agreement between a debtor and his
Fifteen rupees.
that the latter shall, for a speci
time, suspend their claims and
the debtor to carry on business at his
discretion.
*
316
(Schedule ij
Dl>sCription of instrument
(I)
39. MEMORANDUM OF AssociATION OF
COMPANY-
(a) if accompan ied by articles of
association under section 17
of the Tndian Companies Act,
1 9~3 (Act VII of 1913) .
(b) if not so accompanied-
(i) where the nominal share capi
tal does not exceed one
1akh of rupees ;
(ii ) where the nomina l share
capital exceeds one lakh
ofrupees ;
Exemption
Memorandum of any association not
formed for profll and registered under sec
tion 26 of the I ndian Companies Act, 1913
(Act VII of H.l l3 ).
40. M oRTOAOJo:-DEEO, not b eing an
agreement xclaling to Deposit of Title
deeds, Pawn or P ledge (No.6), Bottomry
Bond (No.16), Mortgage of a Crop (No.41),
Resp ondent ia 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 ;
(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 ;
Proper stamp-duty
(2)
Thirt y rup ees.
Eighty rupees.
One hundred and thirty ·lupees .
The same duly as a conveyance
(No.23) for a consideration equa l
to the amount secured by such deed .
The same duty as a Bond (No.l5) for
the amount secured by such deed.
a11
(Schedule f)
ll~cription ofinsltum(·nt PtopC'r stnml -dllly
( 1) (~)
(c) when a collateral or auxiliary
or ndditional or subs tituted
•;rcurity, or IJy way of fur
ther as>uraltcr lor the ahovr
mc·nt ionrcl purpose where the
prim ip:>l or· primary ser111 it)
·~ duly s t:~mp ~: cl -f(ll c·vc·ry
sttm secured not rxcc<·clin~
Rs.l ,000 ;
and liu· e\<:ry R s. l,OOO or p;trl
thercoC ~ccun:d in c·xce•;•; o l
Rs.l,OUO.
ExemjJ/ ior1s
( I) Instrument s CXL'<'utcd by
p<.:rsuns taking advantes under
the Land J mpto\'cnwn L Loans
J\ct , l Wl3 (Act X l X of WH3),
<•l th<' Agriculturi ,ts Lo:1ns J\ct,
lUll-! (t\ct XII of IBHIJ· ), or
by tht'ir surcti e~ ns sc·curity ftlr
the n~pa~·mc rl L of such ndvances.
(2) Letter of'
;I( C<Htl!Joll1)'iHg
c h.mgc·.
hypoth cca li(m
a bill qf ex·
41 . .!\fon TOA()I1 or A CROP induct
ing any instrunwn t c·videnring an ''~~n-e
mcnt to sccnrc the trpa) nH:nt of a lu.an
mnclt: upcm i1l l) mortgaw · or .l ('fop,
wheth •r till' crnp is 01 i!> not in C"-isktH't>
at tlw tinu. ul the mortgage-
(a) when lhc loan is r epa)'ahlc
not mnrc I han 1 h rcc· rnolltlts
from the dntc of tlw imtrtJ·
rncnt -
lC1r evf'ry s11m ~f'r11red not PXrr<'d
in!{ Rs. 200 ; and (;,,. t'Vt'ry
.Rs-.2(J() OJ' p:t rl t ll(' J'I!of ~CI ' lll'<'cl
i 11 excr~~ nl Rs.2011 ,
Twe lve ann :as.
Our.: n tp<'e.
'l\1<J anna.s.
Do.
318
(Schedule I)
Description of instrument Proper stamp-duty
(1) (2)
(b) when the loan is repayable
more than three months, but
not more than eighteen months
from the date of instrument-
for every sum secured not exceed- Four annas.
ing Rs.l 00 ; and for every
Rs.l 00 or part thereof secured Do.
in excess of Rs.lOO.
42. NoTARIAL AcT, that is to say, Two rupees.
any instrument, endorsement, note,
attestation, certificate, or ent ry not
being a PROTEST (No.50) made or
signed by a Notary Public in the execu-
tion of the duties of his office, or by any
othe r person lawfully acting as a Notary
Public.
See also Protest of Bill or Note
(No.50).
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 ;
(b) of any stock or marketable
security exceeding in value
twenty rupees but not being
a Government security ;
(c) of a Government security.
44. NOTE OF PROTEST BY THE
MASTER oF A smP-See also Protest
by the Master of a ship (No.5 I).
ORDER FOR THE PAYMENT OF
Momv-S ee Bill of Exchange (No. l3) .
Four annas~
Two annas for every Rs.5,000 or
part thereof of the value of the
stock or security.
Subject to a maximum of twenty
rupees, two annas for ever Rs.IO,OOO
or part thereof of the value of the
security.
One rupee.
319
(Schedule T)
Descriptio n of instrument
(1)
45. PARTITION-Instrument of (as
define d by section 2( 15)] .
46. PARTNERSHIP-
A.- I nstrument of-
(a) where the capital of the
partnership does not exceed
Rs.500 ;
(b) in any other case-
B.-Disso lution of-
PAwN OR PLEDGE-See Agreement
relating to Deposit of T itle-deeds,
Pawn or Pledge (No.6).
47. * * *
Proper stamp-duty
(2)
The same duty as a Bond (No. l 5)
for the amount of the value of
the separated share or shares or
property.
N.D.- The largest share remaining after the
propert y is partitioned (or if there are
two or more shares of equal value and
not smallc.:r than any of the other shares
then one of such equa l shares) shall be
deemed to be that from which the other
shares arc separated
Provided always that -
(a) When an instrument of partition contain
ing an agreement to divide property in
severalty is executed and a partition is
effected in pursuance of such agreement
the duty chargeable upon the instnuncnt
effecting such partition shall be reduced by
thr amount of the duty paid in respect of
the first instrument, but shall not be less
than one rupee ;
(b) When land is held on revenue settlc;ment
fur a period not cxcocding thirty years and
pay ing the full assessment, the value for
the purpose of duty shall be calculated at
not rnore than five times the annual revc·
nue;
(c) \Vhen a final order for efff'cting a partition
passed uy any Revenue aut hority or any
Civil Court, or an award by an arbitrator
directing a partition, is stamped with the
stamp required for an instrument of parti
tion and an instrunJcnt of partition in
pursuance of such order of award is subse
quently executed the duty on such instr u·
ment shall not exceed one rupee .
Five rupees.
Twenty rupees.
Ten rupees.
* * *
320
(Schedule T)
Description of instrument Proper stamp-du ty
(I) (2)
48. PowER-OF-ATTORNEY-[ as ck-
fined by section 2 (21)], not being a
rroxy-
(a) when executed for the sole One rupee.
purpo se of procuring the re-
gistration of one or more docu-
ments in relation to a single
transaction or for admitting exe-
cution. of one or more such
documents ;
(b) when requir~d in suits or One rupee
proceedin gs und er the Presi-
dency, Small Cause Courts Act,
1882 (Act XV of 1882).
(c) when author izing one person Two tupces.
or more to act in a single
transaction oth er than the case
mention in clause (a);
(d) when authorising not more Ten rupees .
than five p~rsons to act jointly
and severa lly in more than
one transaction or generally ;
(c) when authorising more than
five but not more than ten per
sons to act jointly and severally
in more than om: transa ction or
generally ;
(f) when givt:n for eomidc r·ation
and authorising the attorney
to sell any imm ovable prope rly ;
(g) in any other case
ExjJlanation.-For the purposes of
this Article more persons than one when
belonging to the same finn shall be deem
ed to be one person.
49. * * 50. PRoTEST oF B ILL oR NoTe,
that is to say, any declaration in writ
ing made by a 0rotary Public or other
person lawfully acting as such, attesting
the dishonour of a bill-of-exchange or
promissory note.
Twenty rupees .
The same duty as a conveya nce
(No.23) for the amount of ~1e
consideration.
Two rup ees for each per~on alltho·
rised.
N .B.-Thc term " R egistrat ion"
iucludes every operation incid ental
to registration under the Indian
R egistra tion Act, 1908 (Act XVI
of 1908).
~ * *
Two rupees .
ir
is
h
aJ
pl
321
'(Schedule 1)
Description of imtrument
(1)
51. PROTEST BY THE MASTER ot'
A SHIP, that is to say, any declaration of
the pa~ticulars of her voyage drawn up
by him with a view to the adjustment of
losses or the calculation of averages, and
every declaration in writing made by him
against the charterers or the consignees
for not loading or unloading the ship,
when such declaration is attestod or
certified by a Notary Public or other
person lawfully acting as such.
See also Note of Protest by the
Master of a ship (No.44) .
52. • •
53. • •
54. RECONVEYANCE OP MORTGAGED
..
(a) if the consideration for
which the property was mort
gaged does not exceed Rs.l ,000 ;
(b) in any other case.
55. RELEASE, that is to say, any
instrument (not being such a release as
is provided for by section 23-A), where
by a person renounces a claim upon
another person or against any specified
property-
( a) if the amount or value of
the claim does not exceed
Rs.l,OOO ;
(b) in any other case.
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.
(2)
'Fwo rupees.
• • •
• • •
The samt duty 113 a conveyance
(No.23) for the amount of such
consideration a~ set forth in the
reeonveyanee
Fifteen rupees.
The same duty as a Bond (No.l5)
for such amount Ot value as set
forth in the release.
Ten rupees.
Tho same duty as a Bottomry Bond
(No.t6) for the amount of the
loan secured.
922
(Schedule I)
Description of instrument
(I)
REVOCATION OF ANY TRUST ON
SETTLEMENT-
See Settlement (No.58)
(No.64).
Trust
57. SEcURrrv BoND OR MORTG,\OE
OEED, 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-
(a) when the amount secured
does not exceed Rs.l ,000
(b) in any other case
Exemptions
Bond or other instrument,
executed-
when
(a) by head men nominated
under rules framed in accord
ance with the Bengal Irriga
tion Act, 1876 (Beng. Act
III of 1876), section 99, for
the due performance of their
duties under that Act ;
(b) by any person for the pur
p0se of guaranteeing that the
local income derived from private
subscriptions to a charitable
dispensary or hospital, or any
other object of publi c utilit y,
shall not be less than a specified
sum per mensem ;
(c) under No.3-A of the rul es
made by the Governor of Bom
bay in Council, under section
70 of the Bombay Irrigati on
Act, 1879 (Bam. Act VII of
1879).
Proper stamp-duty
(2)
The same duty as a Bond (No.l5)
for the amount secured.
Ten rupees.
...
323
(Schedule I)
Description of instrument
(1)
(d) execut ed by person taking ad
vances under the Land Im
proveme nt Loans Act, 1883
(Act XIX of 1883) or the
Agriculturists Loans Act,
1884 (Act XII of 1884}, or by
their sureties, as secur ity for
the repaymen t of such ad
van ces.
(e) executed by officers of Govern
ment or their sureti es to secure
the due execution of an office,
or the due accounting for
money or other proper ty
received by virtue thereof.
58. SETTLEMENT-
A.- l nstrutnen L of (including a deed
of dower) .
Exemption
(a) Deed of dower execu ted on
the occasion of a marriage
between Muhammedans.
(b) H1udassa, that is to say, any
settlement of imm ovable pro
perty executed by a Buddhist
in Burma for a religious pur
pose in which no value has
been specified and on which a
duty of Rs.lO has been paid.
Prope r stamp-duty
(2)
The same duty as a conveyance
(No.23) for a sum equal to the
amoun t or value of the property
settled as set forth in such settle
men t :
Provided that, where an agreement
to settle is stamped with the stamp
required for an instrument of settle
ment, and an instrument of settle·
ment in pursuance of such agree·
men t is subsequen tly execu ted, the
duty on such instrume nt shall not
exceed twelve annas.
324
(Schedule f)
Description of imtru~ent
(1)
B.-Revocation of
S11 also Trust (No.64.)
59. SHARE WARRANTS to bearer issued
under the Indian Companies Act, 1913
(Act VII of 1913). .
EJ<emption
Share warrant when issued by a
company in pursuance of the Indian Com
panies Act, 1913 {Act VII of 1913), sec
tion 43, to have effect only upon payment,
as•composi'tion for1llat duty, to the Collec
tor of Stamp•rev .enue df-
( a) 0ne-and-a..rhalf per · cenmm of
the whole subscribed <:apital
of the company ; or
{b) if any company which has paid
the said duty or composition
in full, subsequently issues an
addition to its subscribed capi
tal one-and-a-h alf per centum
of tae additional capital so
issued.
Proper &tampoduty
(2)
Tthe same duty as• a conveyance
(No.l23) for a sum equal to the
amount or value of the property
concerned, as set forth in the
:instrument of Rev0¢at.ion, but not
exceeding -fifteen rupees.
One-and-a-half times the duty
payable on a conveyance (No.23 for
a consideration eq~l to the .nomi
nal am.Gunt of ~he shanes apecified
~n ·the warrant.
60. SHIPPING ORDER for or relating to One anna.
the conveyance of goods on board of any
vessel.
61. SURRENDER 0~ LBASE-
(a) when the duty with which the
lease is chargeable, does not
exceed seven rupees eight an
nas J
(b) in any other case ..
The duty with which · such lease ia
chargeable.
Seven r.upees teigh.t annas.
82S
(Schedule l)
Doscr.iption of instrument
(1)
Exemption
Surrender of lease, when such lease
is exempted from duty.
• •
LUSE by Wa¥ of
way of under-
Exemption
lease exempt from
A.-DEcLARATION OF-of, or con
cerning, any property when
made by any writing not been
a will.
B.-REvoCATION OF-of, or con~
cerning, an,y property when
made by any instrument other
than a will.
S11 also Settlement (No.58).
(2)
• •
The sa~ duty as a conveyance
(No.23) for a consideratio .n equal
to the amount of the consideration
for the transfer.
The same duty as a Bottomry Bond
(No.l6) for a sum equal to the
amount or value of the property
concerned., as set forth in the instru
ment, but not exceeding twenty
two rupees eight annas .
The same duty as a Bottomry Bond
(No.l6) for a sum equal •to the
amouat or value of the property
concerned, as set forth in the instttlV
ment, but not exceeding fifteen
rupees.
VALUATION. Se~ Appraisement (No.8)
VAtolL. Su &tty . as a V.c:OOI. (No.30).
65. WARRANT FOR OOODs, that is to Eight annas.
any instrument evidencing the title of
person therein named, or his assigns,
holder thereof, to the property in
lying in or upon any dock,
or wharf, such instrument
signed or certified by or on behalf
person in whose custody such
maybe.
Lex