The Bombay Stamp Act, 1958
Gujarat · state statute
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The Bombay Stamp Act, 1958
Act 60 of 1958
Keyword(s):
Association, Banker, Bond, Chargeable, Clearance List, Duly Stamped,
Executed and Execution, Impressed, Instrument, Instrument of Gifts,
Instrument of Partition, Lease, Marketable Security, Mortgage, Power of
Attorney, Settlement, Soldier
Amendments appended: 31 of 1962, 16 of 2008, 5 of 2010, 41 of 2011, 12 of
2006, 20 of 2015, 18 of 2016, 47 of 2017, 59 of 2017, 5 of 2018, 21 of 2019
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Short title.
MAHARASHTRA ACT No. XX OF 2015.
(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette ”, on the 24th April 2015).
An Act further to amend the Maharashtra Stamp Act.
WHEREAS, it is expedient further to amend the Maharashtra Stamp Act, for
the purposes hereinafter appearing; it is hereby enacted in the Sixty-sixth Year
of the Republic of India as follows :—
1. This Act may be called the Maharashtra Stamp (Amendment) Act, 2015.
2. In section 2 of the Maharashtra Stamp Act (hereinafter referred to as
“the principal Act”), before the existing clause ( a), the following clause shall be
inserted, namely :—
“(aa) “Additional Controller of Stamps, Mumbai” means the officer or
officers so designated by the State Government and includes any other officer
whom the State Government may, by notification in the Official Gazette ,
appoint in this behalf ; ”.
LX of
1958.
Amendment
of section 2
of LX of
1958.
LX of
1958.
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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 47
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉɪÉ
ʴɦÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stamp (Amendment) Act, 2015 (Mah. Act No. XX of 2015), is hereby
published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
M. A. SAYEED,
Principal Secretary and R.L.A. to Government,
Law and Judiciary Department.
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RNI No. MAHENG/2009/35528
(1)
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3. In section 4 of the principal Act,—
(a) in sub-section (1),-
(i) after the word “sale,” the word “lease,” shall be inserted ;
(ii) after the words “development agreement,” where it occurs for the second
time, the word “lease,” shall be inserted ;
(b) in the marginal note, after the word “sale,” the word “lease,” shall be
inserted.
4. In section 10 of the principal Act, after sub-section ( 3), the following
sub-section shall be inserted, namely :—
“(3A) The procedure to regulate the use of e-payment, through Government
Receipt Accounting System (G.R.A.S.) (Virtual Treasury) for payment of duty
shall be such as the Chief Controlling Revenue Authority may by an order
determine.”.
5. After section 10C of the principal Act, the following section shall be inserted,
namely :—
“10D. (1) Notwithstanding anything contained in this Act, the State
Government may, by notification in the Official Gazette , direct that any State
Government Department, institution of local self-Government, semi Government
organization, banking or non-banking financial institution or the body owned,
controlled or substantially financed by the State Government or any class of them,
shall ensure that the proper duty is paid to the State Government through
Government Receipt Accounting System (G.R.A.S.) in respect of such instruments,
as may be specified in the notification passing through their system or related to
their functioning of which registration is not compulsory.
(2) The Chief Controlling Revenue Authority shall authorise a person nominated
by such Department or body, etc. as mentioned in sub-section (1) as a proper officer
for defacing the challan and making the endorsement on such instruments.
(3) It shall be the duty of the proper officer so authorised under sub-section ( 2)
to make an endorsement on the instruments after defacing the
challan, as follows :—
“Stamp duty of Rs. _______ paid in *cash/by demand draft/by pay order/e-Challan,
vide Receipt/Challan No._______________/GRN No._______________
CIN_____________ dated the ___________.
Seal of the office. Signature of the Officer.
*Strike out whatever is not applicable.”.
6. In section 30 of the principal Act,—
(a) in clause ( f), the word “and” shall be deleted ;
(b) after clause (f), the following clause shall be inserted, namely :—
“(f-a) in case of instruments of works contract as provided in Article 63 of
SCHEDULE I, by the person receiving the contract;”.
7. In section 31 of the principal Act, in sub-section (4), in the proviso, for the
word “double” the words “four times” shall be substituted.
Amendment
of section 4
of LX of
1958.
Amendment
of section 10
of LX of
1958.
Insertion
of section
10D in LX
of 1958.
Certain
depart-
ments,
organisat-
ions,
institutions
etc., to
ensure
payment of
stamp duty.
Amendment
of section
30 of LX of
1958.
Amendment
of section
31 of LX
of 1958.
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8. In section 32A of the principal Act,—
(i) in sub-section (1), after the words “by way of assignment” the following
portion shall be inserted, namely :—
“and also any other instruments mentioned in S CHEDULE I chargeable with
duty on the basis of market value of the property”;
(ii) in sub-section (2), in the third proviso, for the word “double” the words
“four times” shall be substituted;
(iii) in sub-section (4),—
(a) the first and second provisos shall be deleted;
(b) in the third proviso, for the word “double” the words “four times” shall
be substituted.
9. In section 32B of the principal Act,—
(i) in sub-section (1), after the words “file an appeal against such order, to
the” the words “Additional Controller of Stamps, Mumbai in respect of the
property, which is the subject matter of the instrument, is situated in Mumbai
City and Mumbai Suburban Districts and in respect of the properties situated
in the other parts to the” shall be inserted;
(ii) in sub-section (2), after the words “against the order of the” the words
“Additional Controller of Stamps, Mumbai or the” shall be inserted.
10. In section 34 of the principal Act, in the proviso, in clause (a), in sub-clause
(ii), in the proviso, for the word “double” the words “four times” shall be substituted.
11. Section 38 of the principal Act shall be deleted.
12. In section 39 of the principal Act, in sub-section (1), in sub-clause (b), in the
first proviso, for the word “double” the words “four times” shall be substituted.
13. In section 40 of the principal Act, after the words “hereinafter prescribed”
the words “with the prior approval of the Additional Controller of Stamps, Mumbai
for the areas in Mumbai City and Mumbai Suburban Districts and for the other
areas the Deputy Inspector General of Registration and Deputy Controller of
Stamps” shall be added.
14. In section 48 of the principal Act, in sub-section (1), for the proviso, the
following proviso shall be substituted, namely :—
“ Provided that, where an agreement to sale of immovable property on which
stamp duty is paid under Article 25 of the SCHEDULE I, is registered under
the provisions of the Registration Act, 1908 and thereafter such agreement is
cancelled by a registered cancellation deed for whatsoever reasons before taking
the possession of the property which is the subject matter of such agreement,
within a period of five years from the date of execution of the agreement to sale,
then the application for relief may be made within a period of six months from
the date of registration of cancellation deed.”.
15. In section 52A of the principal Act,—
(a) in sub-section (1), for the words “one lakh” the words ‘five lakhs” shall be
substituted;
Amendment
of section
32A of LX
of 1958.
Amendment
of section
32B of LX
of 1958.
Amendment
of section
34 of LX
of 1958.
Deletion
of section
38 of LX
of 1958.
Amendment
of section
39 of LX
of 1958.
Amendment
of section
40 of LX
of 1958.
Amendment
of section
48 of LX
of 1958.
Amendment
of section
52A of LX
of 1958.
XVI
of
1908.
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(b) in sub-section (2), for the words “ten lakhs” at both the places where they
occur, the words “twenty lakhs” shall be substituted.
16. After section 67 of principal Act, the following section shall be inserted,
namely :—
“67A. (1) Any such individual, institution, organisation, company or a body
responsible for creating, executing, maintaining, recording, verifying an instrument
chargeable with duty as may be notified by the State Government in the Official
Gazette, shall, when called upon by any officer specifically authorised by the Chief
Controlling Revenue Authority in this behalf, furnish information in the form and
within the time limit specified by the Chief Controlling Revenue Authority.
(2) Any such individual, institution, organisation, company or a body responsible
to furnish the information under sub-section ( 1) fails to furnish the same within
the specified time, the Chief Controlling Revenue Authority or any other officer
authorised by him in this behalf, direct such defaulter to pay by way of penalty, a
sum not less than rupees five hundred but which may extend to rupees ten
thousand for each failure.”.
17. For section 68 of the principal Act, the following section shall be substituted,
namely :—
“68. Any officer not below the rank of Collector having sufficient reason to
believe that, it is necessary to inspect or call for any registers, books, records
including a diskette, magnetic cartridge tape, CD-ROM or any other computer
readable media or any electronic record mentioned under clause (t) of sub-section
(1) of section 2 of the Information Technology Act, 2000, papers, documents,
instruments or proceedings which may lead to the discovery of any fraud or
omission in relation to any duty, shall, at all reasonable times may himself or
through any officer authorised by him in this behalf, who shall be not below the
rank of Gazetted Group–B officer or Sub-Registrar, Grade-I appointed under the
Registration Act, 1908 or Inspector of Stamps, enter in any premises and inspect
the same in the custody of any person, office, firm or any other entity and take
such notes and extracts as he may deem necessary, without payment of any fee or
charge, and if necessary, seize and impound only the chargeable documents as per
the provisions of section 33 ”.
18. After section 68 of the principal Act, the following section shall be inserted,
namely :—
“68A. If any person prevents or obstructs entry of any officer authorised under
section 68 or fails to give any reasonable assistance to him, he shall, on conviction,
be punished with imprisonment for a term which shall not be less than one month,
but which may extend to six months and with fine which may extend to rupees
five thousand.”.
19. In section 72 of the principal Act,—
(i) in clause ( a) the word “and” shall be deleted;
(ii) after clause (a), the following clause shall be inserted, namely :—
Insertion
of
section
67A in
LX of
1958.
Obligation
to furnish
information.
Substitution
of section
68 of LX
of 1958.
Powers to
inspect and
call for
information.
21 of
2000.
XVI
of
1908.
Insertion
of section
68A in
LX of
1958.
Prevention
or
obstruction
of an
officer to
be an
offence.
Amendment
of section
72 of LX
of 1958.
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“(a-a) powers conferred on it by clause (b) of section 9, to the Additional
Controller of Stamps, Mumbai or any other officer; and.”.
20. In SCHEDULE I to the principal Act,-
(1) in Article 1,-
(A) in clause ( 1), in sub-clause ( d), in column 2, for the words “One rupee
subject to a maximum of one hundred rupees” the figures and words “0.01 per
cent. of the amount or value of such debt” shall be substituted;
(B) in clause ( 2), in column 2, for the words “One rupee for every rupees one
hundred or part thereof” the words “One per cent.” shall be substituted;
(2) for Article 2, the following Article shall be substituted, namely:-
“2. ADMINISTRATION BOND including a bond Five hundred
given under section 6 of the Government Savings rupees.”;
Banks Act, 1873 or the Indian Succession Act, 1925.
(3) in Article 3, in column 2, for the words “Two hundred rupees” the words
“One thousand rupees” shall be substituted;
(4) in Article 5,-
(A) in clause (g-d)-
(I) in sub-clause (i),-
(a) in entry ( A), in column 2, for the words and figures “The same duty as is
payable under Article 60” the words and figures “The same duty as is payable
under Article 36 (iv)” shall be substituted;
(b) in entry (B),-
(i) in sub-entry (1), in column 2, for the words “Two hundred rupees” the
words “Two hundred rupees or an amount equal to 5 per cent. of the amount
of consideration, whichever is higher” shall be substituted;
(ii) in sub-entry (2), in column 2, for the words and figures “The same duty
as is payable under Article 60” the words and figures “The same duty as is
payable under Article 36 (iv)” shall be substituted;
(II) in sub-clause (ii),-
(i) in entry (A), in column 2, for the words and figures “The same duty as is
payable under Article 60” the words and figures “The same duty as is payable
under Article 36 (iv)” shall be substituted;
(ii) in entry (B),-
(a) in sub-entry (1), in column 2, for the words “One hundred rupees” the
words and figures “One hundred rupees or an amount equal to 5 per cent. of the
amount of consideration, whichever is higher” shall be substituted;
(b) in sub-entry (2), in column 2, for the words and figures “The same duty as
is payable under Article 60” the words and figures “The same duty as is payable
under Article 36 (iv)” shall be substituted;
(III) in sub-clause (iii),-
(a) in entry (A), in column 2, for the words and figures “The same duty as is
payable under Article 60” the words and figures “The same duty as is payable
under Article 36 (iv)” shall be substituted;
Amendment
of
SCHEDU-
LE I of
LX of
1958.
V of
1873.
X X XI X
of
1925.
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(b) in entry (B),-
(i) in sub-entry (1), in column 2, for the words “Fifty rupees” the words and
figures “Fifty rupees or an amount equal to 5 per cent. of the amount of
consideration, whichever is higher” shall be substituted;
(ii) in sub-entry (2), in column 2, for the words and figures “The same duty
as is payable under Article 60” the words and figures “The same duty as is
payable under Article 36 (iv)” shall be substituted;
(B) in clause (h), in sub-clause (A),-
(i) in entry (i),-
(I) in sub-entry (a), in column 2, for the words and figures “Two rupees and
fifty paise for every rupees 1,000 or part thereof on” the figures and words
“0.25 per cent. of” shall be substituted;
(II) in sub-entry (b), in column 2, for the words and figures “Five rupees for
every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of”
shall be substituted;
(ii) in entry ( ii),-
(I) in sub-entry (a), in column 2, for the words and figures “Two rupees and
fifty paise for every rupees 1,000 or part thereof on ” the figures and words
“0.25 per cent. of” shall be substituted;
(II) in sub-entry (b), in column 2, for the words and figures “Five rupees for
every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of”
shall be substituted;
(iii) in entry (iii),-
(I) in sub-entry (a), in column 2, for the words and figures “Two rupees and
fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25
per cent. of” shall be substituted;
(II) in sub-entry (b), in column 2, for the words and figures “Five rupees for
every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of”
shall be substituted;
(iv) in entry (iv),-
(i) in sub-entry (a), in column 2, for the words and figures “One rupee for
every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of”
shall be substituted;
(ii) in sub-entry (b), in column 2, for the words and figures “Two rupees for
every rupees 1,000 or part thereof on” the figures and words “0.2 per cent. of”
shall be substituted;
(v) in entry (v),-
(I) in sub-entry (a), in column 2, for the words and figures “Two rupees and
fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25
per cent. of” shall be substituted;
(II) in sub-entry (b), in column 2, for the words and figures “Five rupees for
every rupees 1,000 or part thereof on ” the figures and words “0.5 per cent. of”
shall be substituted;
(vi) in entry (vi),-
(i) in sub-entry (a), in column 2, for the words and figures “One rupee for
every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of”
shall be substituted;
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(II) in sub-entry (b), in column 2, for the words and figures “Two rupees for
every rupees 1,000 or part thereof on” the words and figures “0.2 per cent. of”
shall be substituted;
(5) in Article 6,-
(A) in clause (1),-
(i) in sub-clause (a), in column 2, for the words “One rupee for every one
thousand or part thereof for” the figures and words “0.1 per cent. of” shall be
substituted;
(ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for
every 1000 or part thereof, for” the words and figures “0.2 per cent. of” shall
be substituted;
(B) in clause (2),-
(i) in sub-clause (a), in column 2, for the words “One rupee for every one
thousand or part thereof for” the figures and words “0.1 per cent. of” shall be
substituted;
(ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for
every 1000 or part thereof, for” the figures and words “0.2 per cent. of” shall
be substituted;
(iii) after Explanation I , the following Explanation shall be inserted,
namely:-
“Explanation II .- For the purposes of this Article, any new instrument
executed for additional loan or extension of previous loan shall be treated as
a fresh instrument and chargeable with the duty to the extent of additional
amount being secured or disbursed or sanctioned.”;
(6) in Article 7, -
(i) in clause (a), in column 2, for the words “One hundred rupees” the words
“One thousand rupees” shall be substituted;
(ii) in clause (b), in column 2, for the words “Two hundred and fifty rupees”
the words “One thousand rupees” shall be substituted;
(7) in Article 8, in column 2, for the words, brackets and figures “Same duty as
per Bond (Article 13) subject to maximum of one hundred rupees” the words “One
hundred rupees” shall be substituted;
(8) in Article 10, in column 2, for the words and figures “One thousand rupees
for every rupees 5,00,000 or part thereof,” the figures and words “0.2 per cent. on
share capital or increased share capital, as the case may be” shall be substituted;
(9) for Article 12, the following Article shall be substituted, namely:-
“12. AWARD, that is to say, any decision in writing Five hundred
by an arbitrator or umpire, on a reference made rupees.”;
otherwise than by an order of the Court in the course
of a suit, being an award made as a result of a written
agreement to submit present or future differences to
Arbitration but not being an award directing partition.
(10) in Article 13,—
(a) in column 1, the words “for every rupees five hundred or part thereof”
shall be deleted;
(b) in column 2, for the words “Five rupees, subject to a minimum of rupees
one hundred” the words “One per cent. of amount of Bond, subject to a minimum
of rupees five hundred” shall be substituted;
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(11) in Article 14, in column 2, for the words and figures “Same duty as a Bond
(Article 13) for the same amount” the figures and words “One per cent. of the
amount of Bond, subject to a minimum of rupees five hundred” shall be substituted;
(12) in Article 15, in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(13) in Article 17, in column 2, for the words “One rupee for every one thousand
rupees or a part thereof,” the figures and words “0.1 per cent.” shall be substituted;
(14) in Article 18, in column 2, for the words “One hundred rupees” the word
“Five hundred rupees” shall be substituted;
(15) in Article 24, in column 2, for the words “Two hundred rupees” the words
“Five hundred rupees” shall be substituted;
(16) in Article 25, for clause(a), the following clause shall be substituted, namely:-
“(a) if relating to movable property 3 per cent.
of the market value
of the property.”;
(17) for Article 28, the following Article shall be substituted, namely:-
“28. CUSTOMS BOND OR EXCISE BOND, Five hundred
that is to say, any bond given pursuant to the rupees.”;
provisions of any law for the time being in force
or to the directions of any officer of Custom or
Excise for, or in respect of, any of the duties of
Customs or Excise or for preventing frauds or
evasions thereof or for any other matter or
thing relating thereto.
(18) in Article 34, in column 2, after the existing proviso, the following proviso
shall be added, namely:-
“Provided further that, if the residential and agricultural property is gifted to
husband, wife, son, daughter, grandson, grand-daughter, wife of decesed son, the
amount of duty chargeable shall be rupees two hundred.”;
(19) in Article 35, in column 2, for the words “Two hundred rupees” the words
“Five hundred rupees” shall be substituted;
(20) in Article 39, -
(i) in clause ( a), in column 2, for the words “Two hundred rupees” the words
“One thousand rupees” shall be substituted;
(ii) in clause ( b), in column 2, for the portion beginning with the words “The
same duty” and ending with the words “share capital of the company” the figures
and words “0.2 per cent. according to the share capital of the company, subject
to minimum of rupees one thousand and maximum of rupees 50,00,000” shall be
substituted;
(21) in Article 40, -
(i) in clause (b), in column 2, for the words “Five rupees for every one thousand
or part thereof for” the figures and words “0.5 per cent. of” shall be substituted;
(ii) in clause ( c), in column 2, for the words and figures “The same duty as a
Bond (Article 13) for the amount secured, subject to a maximum of rupees two
hundred” the words “Five hundred rupees” shall be substituted;
(22) in Article 45,-
(i) in clause ( a),-
(A) in column 1, the words, letters and figures “for every Rs.1,000 or part
thereof” shall be deleted;
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(B) in column 2, for the words “Ten rupees” the words “One per cent. of amount
of payment under order” shall be substituted;
(ii) for clause ( b), the following clause shall be substituted, namely :—
“(b) where payable at more than one year Two per cent. of amount
after date or sight. of payment under order.”;
(23) in article 46, in column 2, for the words “Rupees Ten for every rupees five
hundred or part thereof” the words “Two per cent.” shall be substituted;
(24) for Article 47, the following Article shall be substituted, namely:-
“47. PARTNERSHIP—
(1) Instrument of any partnership inclusive
of, Limited Liability Partnership and Joint
Venture to run a business, earn profits and
to share profits, whether in cash or in kind-
(a) where there is no share of contribution Five hundred rupees.
in partnership, or where such share
contribution brought in by way of cash does
not exceeds 50,000.
(b) where such share contribution brought One per cent. of the
in by way of cash is in excess of rupees amount of share contri-
50,000. bution subject to
maximum of rupees
fifteen thousand.
(c) where such share contribution is brought The same duty as is
in by way of property, excluding cash. leviable on a
Conveyance under
clause (a), (b) or (c), as
the case may be, of
Article 25, on the
market value of such
property.
(2) Dissolution of partnership or retirement of
partner inclusive of, Limited Liability
Partnership and Joint Venture to run a
business, earn profits and to share profits,
whether in cash or in kind-
(a) where on dissolution of the partnership The same duty as is
or on retirement of a partner any property leviable on a
is taken as his share by a partner other than Conveyance under
a partner who brought in that property as clause
his share of contribution in the partnership. (a), (b) or (c), as the
case may be, of Article
25, on the market value
of such property,
subject to a minimum of
rupees one hundred.
(b) in any other case Five hundred rupees.”;
10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937
(25) in Article 48,—
(i) in clause (a), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(ii) in clause (b), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(iii) in clause (c), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(iv) in clause (d), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(v) in clause (e), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(vi) in clause (f), in sub-clause ( ii), in paragraph (a), for the words “grandson,
grand-daughter or such other close relative” the words “son, grandson, grand-
daughter or father, mother, brother or sister of the spouse” shall be substituted”;
(vii) in clause (h), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(26) for Article 51, the following Article shall be substituted, namely :—
“51. RECONVEYANCE OF MORTGAGE Five hundred
PROPERTY rupees.”;
(27) in Article 52 , in column 1, in clause (a), after the words “above relations”
the words “without consideration in any form” shall be added;
(28) in Article 53, in column 2, for the words, brackets and figures “Same duty as
a Bond (Article 13) for the amount of the loan secured” the figure and words “One
per cent. of the amount of the loan secured, subject to a minimum of rupees five
hundred” shall be substituted;
(29) for Article 54, the following Article shall be substituted, namely :—
“54. SECURITY BOND OR MORTGAGE 0.5 per cent. for the
DEED, where such security bond or mortgage amount secured by
deed is executed by way of security for the such deed subject to
due execution of an office, or to account for money the maximum of ten
or other property received by virtue thereof, or lakh rupees:
by a surety to secure the due performance of a Provided that, where
contract, or in pursuance of an order of the court on an instrument
or a public officer, not being otherwise provided executed by a person
for by the Maharashtra Court-fees Act. for whom a person
stands surety and
executes security bond
or a mortgage deed,
duty has been paid
under article 40, then
the duty payable shall
be one hundred
rupees.”;
LX of
1959.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937 11
Exemptions
Bond or other instrument, when executed,-
(a) by any person for the purpose of guaranteeing
that the local income derived from private
subscriptions to a charitable dispensary or hospital
or any other object of public utility shall not be less
than a specified sum per mensem;
(b) under the rules made by the State Government
under section 114 of the Maharashtra Irrigation Act,
1976;
(c) by a person taking advance under the Land
Improvement Loans Act, 1883 or the Agriculturists
Loans Act, 1884 or by their sureties as security for
the repayment of such advances;
(d) by officers of the Government or their sureties
to secure the due execution of an office or due
accounting for money or other property received by
virtue thereof.
(30) in Article 55, -
(i) in clause (A), in sub-clause (i), in column 2, for the words “Ten rupees for
every rupees five hundred or part thereof of” the words “Two per cent. of” shall
be substituted;
(ii) in clause (B),-
(a) in sub-clause (i), in column 2, for the portion beginning with the words
“The same duty” and ending with the words “but not exceeding two hundred
rupees” the words “Five hundred rupees” shall be substituted;
(b) in sub-clause (ii), in column 2, for the portion beginning with the words
“The same duty” and ending with the words “but not exceeding two hundred
rupees” the words “Five hundred rupees “ shall be substituted.
(31) in Article 59, -
(i) in clause (a), in column 2, for the words and figures “Fifty paise for every
rupees 100 or part thereof” the figures and words “0.5 per cent.” shall be
substituted;
(ii) in clauses (b), (c) and (d), in column 2, for the portion beginning with the
words “The same duty” and ending with the words “subject to a maximum of two
hundred rupees” the words “Five hundred rupees” shall be substituted.
(32) in Article 60, in column 2, for the portion beginning with the words “The
same duty” and ending with the words “which is subject matter of transfer” the
following portion shall be substituted, namely:-
“The same duty as is leviable on lease under clause (i), (ii), (iii) or (iv), as the
case may be, of Article 36, for the remaining period of lease”;
(33) in Article 61, -
(i) in entry (A),-
(I) in sub-entry (a), in sub-clause (i), in column 2, for the words “Ten rupees
for every rupees five hundred or part thereof” the words “Two per cent.”
shall be substituted;
XIX of
1883.
XII of
1884.
Mah.
XXXVIII
of 1976.
12 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 24, 2015/´Éè¶ÉÉJÉ 4, ¶ÉEäò 1937
(II) in sub-entry (b),-
(a) in sub-clause (i), in column 2, for the portion beginning with the words
“The same duty” and ending with the words “two hundred rupees” the words
“Five hundred rupees” shall be substituted;
(b) sub-clause (ii), in column 2, for the portion beginning with the words “The
same duty” and ending with the words “two hundred rupees” the words “Five
hundred rupees” shall be substituted;
(ii) in entry ( B), in column 2, for the portion beginning with the words “The
same duty” and ending with the words “two hundred rupees” the words “Five
hundred rupees” shall be substituted.
(34) in Article 63,-
(i) in clause ( a), in column 2, for the words “One hundred rupees” the words
“Five hundred rupees” shall be substituted;
(ii) in clause ( b), in column 2, for the portion beginning with the words “One
hundred rupees” and ending with the words “maximum of rupees five lakh” the
words and figures “Five hundred rupees plus 0.1 per cent. of the amount above
rupees ten lakh subject to maximum of rupees twenty-five lakhs” shall be
substituted.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
1¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEäò 1938
An Act further to amend the Maharashtra Stamp Act.
WHEREAS it is expedient further to amend the Maharashtra Stamp
Act, for the purposes hereinafter appearing ; it is hereby enacted in the
Sixty-seventh Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Stamp (Amendment) Act,
2016.
2. In section 70 of the Maharashtra Stamp Act (hereinafter referred
to as “the principal Act”), sub-section ( 2) shall be deleted.
LX of
1958.
Amendment of
section 70 of
LX of 1958.
Short title.
LX of
1958.
¦ÉÉMÉ +É`ö--52------1
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 2, +ÆEò 31(2)] ¶ÉÖGò´ÉÉ®ú, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEäò 1938 [ {ÉÞ¹`äö 2 ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 52
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stamp (Amendment) Act, 2016 (Mah. Act No. XVIII of 2016) is hereby
published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
PRAKASH H. MALI,
Secretary to Government,
Law and Judiciary Department.
——————————
MAHARASHTRA ACT No. XVIII OF 2016.
(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 29th April 2016 ).
RNI No. MAHENG/2009/35528
(1)
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 29, 2016/´Éè¶ÉÉJÉ 9, ¶ÉEäò 1938
3. In SCHEDULE I of the principal Act, in Article 1, in clause ( 1),—
(i) in sub-clause ( c), in column ( 1), the word “and” shall be deleted ;
(ii) for sub-clause ( d), the following sub-clauses shall be substituted,
namely :–
“(d) exceeds rupees 10,000 Fifty rupees.
but is less than
rupees 10,00,000; and
(e) is rupees 10,00,000 and One Hundred rupees.”.
above.
Amendment of
SCHEDULE I
of LX of 1958.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT
PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH
GOSAVI.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939 1
MAHARASHTRA ACT No. XLVII OF 2017.
(First published, after having received the asent of the Governor in the
“ Maharshtra Government Gazette ”, on the 19th August 2017. )
An act further to amend the Maharashtra Stamp Act.
WHEREAS it is expedient further to amend the Maharashtra Stamp
Act, for the purposes hereinafter appearing ; it is hereby enacted in the
Sixty-eighth Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Stamp (Amendment) Act,
2017.
2. In section 10D of the Maharashtra Stamp Act (hereinafter referred
to as “the principal Act”),—
LX of
1958.
Short title.
Amendment
of section
10D of LX of
1958.
LX of
1958.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 3, +ÆEò 65] ¶ÉÊxÉ´ÉÉ®úú, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939 [ {ÉÞ¹`ä 2, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 127
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
RNI No. MAHENG/2009/35528
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stamp (Amendment) Act, 2017 (Mah. Act No. XLVII of 2017), is
hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
Principal Secretary and Remembrancer
of Legal Affairs to Government,
Law and Judiciary Department.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
¦ÉÉMÉ +É`ö 127--1
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 19, 2017/¸ÉÉ´ÉhÉ 28, ¶ÉEäò 1939
(a) for sub-section ( 1), the following sub-section shall be
substituted, namely :––
“ (1) Notwithstanding anything contained in this Act, the State
Government may, by notification in the Official Gazette, direct
that any State Government Department, institution of local
self-Government, semi Government organization, banking or
non-banking financial institution or the body owned, controlled or
substantially financed by the State Government or any class of
them, shall ensure that the proper duty is paid to the State
Government through Government Receipt Accounting System
(G.R.A.S.) or by any other system of payment as may be notified
by the State Government in this behalf, in respect of such
instruments, as may be specified in the notification in which such
Department or body, etc., is a party or which create a right in
favour of such Department or body, etc., and of which registration
is not compulsory :
Provided that, in case of instruments requiring stamp duty of
less than rupees five hundred, the stamp duty may be paid to the
State Government through any other mode of payment permissible
under this Act and the provisions of sub-sections ( 2) and ( 3) shall
not be applicable in case of such payment. ’’ ;
(b) in sub-section (2), after the words “defacing the challan” the words
“electronically in the Government Receipt Accounting System (G.R.A.S.)
or any other system of payment notified by the State Government in
this behalf ” shall be inserted ;
(c) after sub-section ( 3), the following proviso shall be added,
namely :—
“ Provided that, whenever the Stamp Duty has been paid
through Government Receipt Accounting System (G.R.A.S.) by
receipt of e-payment i.e. electronically Secured Bank and Treasury
Receipt (e-SBTR), the provisions of sub-sections ( 2) and ( 3) shall
not be applicable.”.
3. In section 30A of the principal Act, in sub-section (1), after the words
“ to collect it from the other party ” the words “, if the other party fails to pay
the proper stamp duty ” shall be added.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT
GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
Amendment
of section 30A
of LX of 1958.
LX of
1958.
MAHARASHTRA ACT No. LIX OF 2017.
(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 7th September 2017).
An Act further to amend the Maharashtra Stamp Act.
WHEREAS it is expedient further to amend the Maharashtra Stamp Act,
for the purposes hereinafter appearing ; it is hereby enacted in the Sixty-eighth
Year of the Republic of India as follows :—
1. This Act may be called the Maharashtra Stamp (Second Amendment)
Act, 2017.
Short title.
(1)
RNI No. MAHENG/2009/35528
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 3, +ÆEòú 69(4)] MÉÖ¯û´ÉÉ®úú, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939 [{ÉÞ¹`ä 2, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 143
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É
xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stmp (Second Amendment) Act, 2017 (Mah. Act No. LIX of 2017),
is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
Principal Secretary and R. L. A. to Government,
Law and Judiciary Department.
¦ÉÉMÉ +É`öö--143-1
-----------------------------------------------------
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 19392
2. In SCHEDULE I appended to the Maharashtra Stamp Act,—
(a) in Article 25, in clause ( b),—
(i) in sub-clause ( ii), in column 2, for the figure and words “ 4
per cent. ” the figure and words “ 5 per cent. ” shall be substituted ;
(ii) in sub-clause (iii), in column 2, for the figure and words “ 3
per cent. ” the figure and words “ 4 per cent. ” shall be substituted ;
(b) in Article 34, in column 2, in the proviso,—
(i) for the words “ at the same rate as specified in this article
or at the rate of rupees ten for every rupees five hundred or part
thereof on the market value ” the words and figure “ at the rate of 3
per cent. on the market value ” shall be substituted ;
(ii) the words “, whichever is less ” shall be deleted.
LX of
1958.
Amendment
of
SCHEDULE
I of LX of
1958.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED ATDIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö,VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEäò 1939 1
MAHARASHTRA ACT No. V OF 2018.
(First published, after having received the assent of the Governor in
the “Maharashtra Government Gazette”, on the 15th January 2018) .
An Act further to amend the Maharashtra Stamp Act.
WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that
circumstances existed which rendered it necessary for him to take immediate
action further to amend the Maharashtra Stamp Act, for the purposes
hereinafter appearing ; and, therefore, promulgated the Maharashtra Stamp
(Amendment and Validation) Ordinance, 2017 on the 3rd November 2017 ;
LX of
1958.
Mah. Ord.
XXVI of
2017.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
´É¹ÉÇ 4, +ÆEòú 1(5)] ºÉÉä¨É´ÉÉ®úú, VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEäò 1939 [{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00
+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 5
|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ
¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stamp (Amendment and Validation) Act, 2017 (Mah. Act. No. V of
2018), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT ,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö--5--1 (1)
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö,VÉÉxÉä´ÉÉ®úÒ 15, 2018/{ÉÉè¹É 25, ¶ÉEäò 1939
AND, WHEREAS, it is expedient to replace the said Ordinance, by an
Act of the State Legislature ; it is hereby enacted in the Sixty-eighth Year of
the Republic of India as follows :—
1. (1) This Act may be called the Maharashtra Stamp (Amendment and
Validation) Act, 2017.
(2) It shall be deemed to have come into force with effect from the 15th
December 2016.
2. In section 2 of the Maharashtra Stamp Act (hereinafter referred to
as “ the principal Act ”), in clause ( g), for sub-clause ( iv), the following sub-
clause shall be substituted, namely :—
“ (iv) every order made by the High Court under section 394 of the
Companies Act, 1956 or every order made by the National Company Law
Tribunal under sections 230 to 234 of the Companies Act, 2013 or every
confirmation issued by the Central Government under sub-section ( 3) of
section 233 of the Companies Act, 2013, in respect of the amalgamation,
merger, demeExcerpt shown. Open the full act in Lexace.
Lex