The KARNATAKA STAMP ACT, 1957
Karnataka · state statute
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THE KARNATAKA STAMP ACT, 1957
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP DUTIES
A- OF THE LIABILITY OF INSTRUMENTS TO DUTY
3. Instruments chargeable with duty.
3A. Instruments liable to duty in multiples of five naye paise.
3B. Certain Instruments chargeable with additional duty.
3C. Limit on levy of additional stamp duty.
4. Several instruments used in single transaction of sale, mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule.
7. Payment of higher duty in respect of certain instruments.
8. Bonds or other securities issued on loans.
9. Power to reduce, remit or compound duties.
B- OF STAMPS AND THE MODE OF USING THEM
10. Duties how to be paid.
10A. xxx
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamp.
15. Instruments written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
C- OF THE TIME OF STAMPING INSTRUMENTS
17. Instruments executed in the State of Karnataka.
18. Instruments executed out of India.
19. Payment of duty on certain instruments liable to increased duty in the State of Karnataka.
D- OF VALUATIONS FOR DUTY
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
24. Certain instruments connected with mortgages of marketable securities to be chargeable as
agreements.
25. How transfer in consideration of debt, or subject to future etc., to be charged.
26. Valuation in case of annuity, etc.
27. Stamp where value of subject matter is indeterminate.
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28. Facts affecting duty to be set forth in instrument.
28A. Omitted.
28B. Omitted.
29. Direction as to duty in case of certain conveyances.
E- DUTY BY WHOM PAYABLE
30. Duties by whom payable.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Deputy Commissioner.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Instruments not duly stamped inadmissible in evidence, etc.
35. Admission of instrument where not to be questioned.
36. Admission of improperly stamped instruments.
37. Instruments impounded how dealt with.
38. Deputy Commissioner‘s power to refund penalty paid under sub-section (1) of section 37.
39. Deputy Commissioner‘s power to stamp instruments impounded.
40. Instruments unduly stamped by accident.
41. Endorsement of instruments on which duty has been paid under section 34, 39 or 40.
42. Prosecution for offence against stamp law.
43. Persons paying duty or penalty may recover same in certain cases.
44. Power to Revenue authority to refund penalty or excess duty in certain cases.
45. Non-liability for loss of instruments sent under section 37.
45A. Instrument of conveyance, etc. undervalued how to be dealt with.
45B. Constitution of Central Valuation Committee.
46. Recovery of duties and penalties.
46A. Recovery of stamp duty not levied or short levied.
46B. Duties, penalties etc, to be certified.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES.
47. Allowance for spoiled stamps.
48. Application for relief under section 47 when to be made.
49. Allowance in case of printed forms no longer required by Corporations.
50. Allowance for misused stamps.
51. Allowance for spoiled or misused stamps how to be made.
52. Allowance for stamps not required for use.
52A. Power of State Government to grant relief.
52B. Invalidation of Stamps.
CHAPTER VI
REFERENCE AND REVISION
53. Control of, and statement of case to, Chief Controlling Revenue Authority.
53A. Revision of order passed by Deputy Commissioner or Authorised officers.
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54. Statement of case by Chief Controlling Revenue Authority to High Court.
55. Power of High Court to call for further particulars as to case stated.
56. Procedure in disposing of case stated.
57. Statement of case by other Courts to High Court.
58. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE.
59. Penalty for executing, etc., instrument not duly stamped.
59A. Penalty for making false declaration in clearance list.
59B. Penalty for failure to produce documents.
60. Penalty for failure to cancel adhesive stamp.
61. Penalty for omission to comply with provisions of section 28.
62. Penalty for devices to defraud the revenue.
63. Penalty for franking, recording certificate or embossing contrary to the Act or the rules
63A. Penalty for contravention of other provisions.
64. Institution and conduct of prosecutions.
65. Jurisdiction of Magistrates.
66. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISI ONS
67. Books, etc., to be open to inspection.
67A. Procedure of Chief Controlling Revenue Authority and the Deputy Commissioner and
rectification of mistakes.
67B. Power to enter premises and inspect certain documents.
68. Powers to make rules.
69. Saving as to Court Fees.
70. Act to be translated and sold cheaply.
71. Repeal and savings.
72. Application of Indian Stamp Act 1899.
SCHEDULE.
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STATEMENT OF OBJECTS AND REASONS
I
Act 34 of 1957.- Different rates on stamp duty are in force in the various areas of the State. As it
is very desirable to have the same rates of stamp duty in all the areas in all areas of new State,
Government have decided to undertake legislation to achieve this object. Hence this Bill.
The Bill makes provision for the levy of stamp duty on instruments at the rates in force the Madras
Area (Obtained from Notification L. A. No. 5848 dated 20-6-1957)
II
Amending Act 8 of 1958. - The Government of India have decided that with effect from 1st April
1958, the rates of Stamp Duty should be expressed in dec imal coinage. The new rates of non -postal
stamps decided upon by the Government of India are in multiples of 5 Naye Paise. It has become
necessary, therefore, to amend the Mysore Stamp Act, 1957, to adapt the rates of Stamp Duty
decided upon by the Governm ent of India. The Bill is intended to give effect to the new rates of non -
postal stamps in decimal coinage, proposed to be brought into force from 1st April 1958.
(Published in the Gazette (Extraordinary) Part IV-2A dated 4-3-1958 as No. 51)
III
Amending Act 29 of 1962.- The State Government are committed to raise a sum of Rs. 42 crores
by additional taxation. In order to meet the commitments of the schemes in the Second Five Year
Plan and implementation of schemes in the Third Five Year Plan, the resourc es of the State have to
be augmented. It is therefore proposed to increase the rates of stamp duty by fifty per cent in
instruments in respect of which the State legislature is competent to levy stamp duty.
With the passing of the Advocates Act, 1961, the roll of Advocates is now maintained by the State
Bar Council and not by the High Court, As there is no instrument for entry on roll, it is proposed to levy
stamp duty on the certificate of enrolment issued by the Bar Council. The Law Ministers Conference
held at Srinagar in 1960, has recommended that the total fee payable by a Advocate on enrolment
should not, inclusive of the fee payable to the Bar Council under the Advocate Act, exceed Rs. 500.
Since a fee of Rs. 250 is payable to the Bar Council, it is proposed to fix the Stamp duty on the
certificate of enrolment at Rs. 250.
Opportunity has been taken to make certain other provision found necessary. The more important
of these amendments are indicated below.
The definition of instrument of partition i s proposed to be amplified to cover documents in which
the terms of partition effected are recorded.
Sub-section (1) of section 53 of the Act does not empower the Chief Controlling Revenue
Authority to exercise control over the Deputy Commissioner in cases other than those falling under
Chapter IV and V and proviso (a) to section 27. In the interests of revenue, it is necessary to exercise
control over the Deputy Commissioner in other cases also. Sub -section (1) of section 53 is therefore
proposed to be amended.
In respect of allowances for stamps, definite periods of limitation and the circumstances in whic h
allowance is permissible have been laid down in Chapter V of the Act. In order to avoid hardship
under the Indian Stamp Act, 1899, orders for refund of amounts paid for stamp duty were being made
by Government in appropriate cases without any bar of limi tation on the basis of certain Resolutions
of the Government of India. It is considered desirable to take necessary power to issue such orders.
The new section 52A has therefore been proposed. In order to enable the Chief Controlling Revenue
Authority to g rant relief under section 44 beyond the period of limitation in appropriate case, that
section is also proposed to be amended.
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In a recent decision of the Supreme Court (Board of Revenue Vs. Vidyawati A.I.R. 1962 S.C.
1217) it has been held that while act ing under section 56(2) of the Indian Stamp Act, 1899, (which
corresponds to section 53(2) of the Mysore Stamps Act, 1957), the Board of Revenue should give the
party concerned a reasonable opportunity to be herd in accordance with the principles of natura l
justice. As the principles of natural justice have to be followed by the Deputy Commissioner and the
Chief Controlling Revenue Authority, it is proposed to insert a suitable provision in the Act. It is also
considered necessary to make specific provision for rectification of mistakes by the different
authorities. The new section 67A has accordingly been proposed.
(Published in the Mysore Gazette (Extraordinary) Part IV-2A dated 27-8-1962 as No. 170 at page
25-26.)
IV
Amending Act 17 of 1966.- In order to ensure the collection of proper stamp duty in the case of
awards, gifts and settlements it is considered necessary to charge duty on such instruments on the
value of properties instead of on the value as set forth in the instruments. It is also conside red
necessary to amplify the different classes of instruments falling under Articles 5 and 37 and fix
different rates of duty on such instruments. It is also proposed to amend sections 3 and 28, and insert
new sections 63A and 67B.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A dated 26.03.1966 as No.58 at
page 8).
V
Amending Act 17 of 1971.- In order to raise additional resources to be utilised exclusively for the
relief of Bangla Desh refugees, the Government of Mysore has proposed to levy additional stamp duty
at the flat rate of ten paise on every instrument chargeable with duty under the Mysore Stamp Act,
1957. The present measure is being enacted to give effect to the said proposal.
2. The Committee constituted under the proviso to sub-section (2) of section 3 of the Mysore State
Legislature (Delegation of Powers) Act, 1971 (23 of 1971), has been consulted before enactment of
this measure as a President‘s Act.
(Obtained from President Act 17 of 1971.)
VI
Amending Act 12 of 1972.- Under article 16 of the Schedule appended to the Mysore Stamp Act,
1957, the stamp duty payable on a share certificate is 30 naye paise. Section 11 of the Mysore Stamp
Act, 1957, does not permit the use of adhesive stamps for payment of the s tamp duty exceeding 15
naye paise. Thousands of share certificates have to be therefore submitted by the Companies to the
Superintendent of Stamps and to the Government Press for getting the duty paid embossed on each
certificate. As this procedure is foun d inconvenient, Government intends to amend the Act to enable
the use of adhesive stamps upto 30 paise.—Vide Notification No. 7799, LA dated 19.11.1970.
(Published in Karnataka Gazette, PART IV—2-A, dated 26.11.1970 at page 70.)
VII
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Amending Act 4 of 1973.- President‘s Act 14 of 1971, 16 of 1971, 17 of 1971 and 18 of 1971 had
been enacted to raise additional resources for the relief of Bangla Desh Refugees. They expire on
24th March 1973.
It is proposed that while the additional levies for the relief of Bangla Desh Refugees may cease,
the levies may be retained till 31st March 1974 to raise additional resources to meet the cost of
‗People‘s Housing Programme‘ to be undertaken by the State Government.
Hence this Bill.
(Obtained from L.A. Bill No.16 of 1973)
VIII
Amending Act 17 of 1974. - It is proposed to raise the rates of Stamp Duty on conveyance and
mortgage deeds, in order to augment the revenue of the State.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) dated 30th March 1974, PART IV—2A, as No.
632, at page. 4.)
IX
Amending Act 12 of 1975. - It has been observed that there is wide -spread under-valuation of
properties by persons who buy and sell properties in urban areas. A pilot study of 1052 cases carried
out in Bangalore City showed that in nearly 70 per cent of the cases the valuation mentioned in the
sale deed was less than half the market value computed objectively by the survey authorities. This
means evasion of stamp duty as well as avoidance of registration charg es. There is consequent loss
of revenue to the State under both counts. The object of the Bill is to enable the Government to
recover the right amount of stamp duty wherever under valuation of property is noticed at the time of
registration of the properti es. Some consequential amendments are also being made. For example,
the present schedule of stamp duty rates is based upon the amount of consideration mentioned in the
document. This basis is being changed to the market value. Likewise some other consequen tial
changes have also been proposed in the Bill.
To begin with the new measure will be given effect to in the Cities having a population of more
than one lakh and the Government is taking the power to extend it to other urban areas in due course.
(Published in Karnataka Gazette (Extraordinary), dated 10th April 1975, PART IV —2-A, as No.
1049, at page. 7.)
X
Amending Act 37 of 1976. - In order to augment the revenues of the State, it is proposed to
amend the Karnataka Stamp Act, 1957, by increasing the r ate of Stamp Duty on conveyances and
other instruments chargeable with the same duty as a conveyance.
Hence this Bill.
(Published in Karnataka Gazette (Extraordinary) dated 27th March 1976, PART IV —2-A, as No.
1729, at page. 6.)
XI
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Amending Act 9 of 1979.- Houses and sites are normally allotted by the Bangalore Development
Authority and other similar authorities on lease -cum-sale basis and the sale deed is executed after a
lapse of a period of 10 years by which time the market value of the property ge ts increased
considerably. The policy of the Government is to allot as many houses and sites as possible to
landless and other weaker sections of the people.
The levy of stamp duty on market value in respect of conveyance executed by the said authorities
works out great hardship to the allotees many of whom are persons belonging to weaker sections.
It is felt that stamp duty on such instruments should be levied on the amount or the value of
consideration for such instruments as specified therein. To remove the hardship that is caused by the
existing provisions to the weaker sections of the people it was considered necessary to take urgent
and immediate action. Hence an Ordinance was issued amending the entries relating to item 20 of the
Schedule to the Karnataka Stamp Act, 1957. This Bill seeks to replace the said Ordinance.
(Obtained from LC Bill No. 1 of 1979.)
XII
Amending Act 21 of 1979. - In order to augment the revenues of the State it is proposed to
second taxation and other laws. Opportunity is taken to make some other amendments also.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 27-3-1979 as No. 259).
XIII
Amending Act 15 of 1980. - The Audit parties of the Accountant General‘s Office during the
course of audit of several Sub-Registry Offices in the State during last one or two years have pointed
out instances of non -levy/short levy/ir regular remission of Stamp duty due to mis -classification of
documents and mis-interpretation of the provisions of law regarding ley of stamp duty. In most of the
cases, the observations of the Audit were found to be valid and the Inspector General of Regi stration
and Commissioner for Stamps had to initiate steps for recovery of the deficit stamp duty from the
concerned parties. However, for want of suitable provisions in the Karnataka Stamp Act, 1957
enabling recovery of such deficit stamp duty from the concerned parties as arrears of land revenue, it
has not been possible for the Department to recover it in most of the cases.
As the Legislature Assembly was not in session, an ordinance was promulgated on 3rd December
1979 introducing new Section 46 -A provi ding for recovery of deficit stamp duty as arrears of land
revenue and, in certain type of cases, with retrospective effect namely from 1st April 1972.
Consequential amendment to Section 11(a) was also made due to enhancement of stamp duty with
effect from 27th March 1979 as per Karnataka Taxation and Certain Other Laws (Amendment) Act,
1979.
The Bill seeks to replace the said ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 29th February 1980, as No.
154, at page. 5.)
XIV
Amending Act 16 of 1981. - The allottees of sites or houses have to execute lease -cum-sale
agreement with bodies like the Bangalore Development Authority, the Karnataka Housing Board, City
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Improvement Trust Boards and Housing Co -operative Societies etc. Afte r the expiry of the lease
period conveyances are executed in favour of the allottees. The lease -cum-sale Agreement would
attract levy of stamp duty under Article 30(c) of the Schedule to the Karnataka Stamp Act, 1957 at the
same rate as a conveyance on the advance paid in addition to the duty payable on the lease. Again
when the conveyance is subsequently executed, duty is payable on the full value of the
considerations. Thus duty becomes payable on these transactions as for a conveyance, twice.
Representations have been received from the public requesting the Government to grant relief. In
view of this and in order to recover the full duty at the initial stage itself when the lease -cum-sale
agreement is executed, the amendments proposed are sought to be made.
Hence this Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 3rd February 1981, as No. 85, at
page. 4.)
XV
Amending Act 16 of 1983.—Section 46A of the Karnataka Stamp Act, 1957 provides for recovery
of stamp duty not levied or sho rt levied. Under the said section, the Chief Controlling Revenue
Authority or an officer authorised by the State Government could initiate action with in three years
from the date of commencement of the Karnataka Stamp (Amendment) Act, 1980 by which the sa id
section was introduced. In cases where the reason for non-payment was fraud, etc., a longer period of
six years was permissible.
Action for recovery of deficit duty under the said section has to be taken in about 40000 to 50000
cases and further extension of the period has become necessary.
In these circumstances, it is considered necessary to fix the relevant period as 5 years and 10
years instead of 3 years and 6 years respectively.
An Ordinance was issued and this Bill seeks to replace the said Ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 25th March 1983, as No. 186, at
page. 3.)
XVI
Amending Act 9 of 1987. - To give effect to the proposals made in the Budget Speech, it is
proposed to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A, dated 27th March 1987, as No. 243,
at page. 4.)
XVII
Amending Act 24 of 1987. - Section 7 of the Karnataka Stamp Act, 1957 does not provide for
charging a copy of an instrument r eceived in the State of Karnataka, where an instrument is
registered in any part of India other than Karnataka in respect of the property situated in Karnataka.
The different rates of stamp duty applicable in other States in respect of sale, gift, mortgage and such
transactions have enabled the concerned parties to evade stamp duty in Karnataka by having their
documents registered in Presidency towns of Bombay, Calcutta, Madras as well as Delhi District, vide
the provisions of Section 30 (2) of the Indian R egistration Act. This has resulted in huge loss of
revenue to the Government of Karnataka.
It is also considered necessary to enhance the rate of stamp duty chargeable in respect of
Partnership under article 40 of the Schedule to the Karnataka Stamp Act, a s it has been found that
with a view to avoid higher stamp duty payable on conveyances, the registering parties are resorting
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to the evasion of stamp duty by entering into partnerships, with one partner contributing immovable
property and the other contributing cash, and thereafter dissolving the partnership and transferring the
immoveable property to the partner who contributed cash in lieu of such cash, and vice-versa.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 11th February 1987, as No.
123, at page. 4.)
XVIII
Amending Act 10 of 1988. - As at present the duty in respect of any instrument of conveyance
effected by the Bangalore Development Authority, the City Improvement Trust Board. Mysore, the
Karnataka Housing Board, the Improvement Boards constituted under the Karnataka Improvements
Boards Act, 1976 shall be payable at the rates specified in the Schedule on the amount or value of
consideration for such conveyance as setforth in the instrument.
It is proposed to extend such concession to the House Building Co -operative Societies, registered
under the Karnataka Co-operative Societies Act, 1959.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 8th February 1988 as No. 82, at
page. 3.)
XIX
Amending Act 10 of 1990. - To give effect to the proposals made in the Budget speech, it is
considered necessary to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 30th March 1990 , as No. 154,
at page. 9.)
XX
Amending Act 11 of 1991. —To give effect to the proposals made in the Budget Speech, it is
considered necessary to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 22nd March 1991 as No. 131, at
page 47)
XXI
Amending Act 19 of 1994. - To give effect to the proposals made in the Budget Speech it is
considered necessary to amend the Karnataka Stamp Act 1957.
Hence the Bill.
(Obtained from LA Bill No. 14 of 1994.)
XXII
Amending Act 8 of 1995. - To give effect to the proposals made in the Budget Speech it is
considered necessary to amend the Karnataka Stamp Act, 1957 and also to make some
consequential amendments are proposed.
Hence the Bill.
(Obtained from LA Bill No. 2 of 1995.)
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XXIII
Amending Act 20 of 1996. - Sub-clause (3)(a) of Article 20 of the Schedule to the Karnataka
Stamps Act, 1957 provides that second and subsequent sale of Motor Vehicles of above 75 C.C.
except Autorikshaws are chargeable wit h duty. In order to implement the said provision properly it is
necessary to cast a duty on the registering authority not to enter such vehicles in the registration
certificate unless specified stamp duty is paid by amending the said Act suitably.
Hence the Bill.
(Obtained from LA Bill 15 of 1995 (File No. LAW 34 LGN 95)
XXIV
Amending Act 9 of 1997. - It is considered necessary to amend the Karnataka Stamp Act, 1957
and to give effect to the proposals made in the Budget speech and matters connected therewith.
Hence the Bill.
(Obtained from LA Bill No. 13 of 1997.)
XXV
Amending Act 22 of 1997.- As at present the duty in respect of transaction of lease -cum-sale in
connection with allotment of building sites with or without building thereon by certain a uthorities like
the Bangalore Development Authority, Karnataka Housing Board etc., is payable on the market value
equal to the security deposit and the average annual rent reserved in such agreement and in respect
of instrument of conveyance effected by th e above authorities, the duty is payable on the amount or
value of consideration of such conveyance as setforth in the instrument.
It is proposed to extend the above concession in respect of allotment of industrial sheds and plots
by the Karnataka Industri al Areas Development Board, the Karnataka Small Scale Industrial
Development Corporation, the Karnataka State Industrial Investment and Development Corporation
KEONICS and allotment of land or site to the market functionaries by the Agricultural Produce
Marketing Committees.
Hence the Bill.
(Obtained from LA Bill No. 11 of 1997.)
XXVI
Amending Act 5 of 1998. - To give effect to the proposals made in the Budget Speech, it is
considered necessary to amend the Karnataka Stamp At, 1957 and some consequential amendments
are also proposed.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 26th March 1998, as No. 347,
at page. 7.)
XXVII
Amending Act 6 of 1999. - To give effect to the proposal made in the Budget Speech, it is
considered necessary to amend the Karnataka Stamp Act, 1957 and some consequential
amendments are also proposed.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A dated 30th March 1999, as No.
288)
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XXVIII
Amending Act 24 of 1999.- It is considered necessary to amend the Karnataka Stamp Act, 1957
for more effective implementation of the provisions of this Act.
It is proposed, for this purposes,-
1. To define the term Assistant Commissioner to Stamps Association, Clearance List a nd
Immoveable property.
2. To levy duty on the copy of an original instrument where no proper duty has been paid on the
original instrument by adding an explanation under section 3.
3. To provide for enhancement of Stamp duty in certain cases since there has been no revision of
the rate for a long time.
4. To provide for payment of stamp duty in cash in certain cases.
5. To provide for keeping the instrument brought for registration where the Registering Officer has
reason to believe that the market val ue of the property has not been truly setforth in the instrument
and for referring the case of the Deputy Commissioner for determination of the market value if the
party, does not pay the duty on the basis of such valuation and also to provide that the Dep uty
Commissioner shall dispose of the cases as far as possible, within 90 days from the date of reference.
This is done by proposing amendment to section 45A.
6. To enhance the quantum of punishment in certain cases, by amending relevant penal section of
the Act.
7. To provide for punishment for making false declaration in clearance list and failure to produce
documents.
8. To insert a new section 53A to provide for the Chief Controlling Revenue Authority to make a
revision of the order passed by the Dep uty Commissioner or Authorised Officer within the period of
five years from the date of orders passed by them.
9. To Substitute section 67B to streamline the provisions regarding power to enter premises and
inspect certain documents.
Certain other consequential and necessary amendments are also made.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 31st March 1999, as No.
299)
XXIX
Amending Act 7 of 2000. - To give effect to the proposals made in the Budget Speech, it i s
considered necessary to amend the Karnataka Stamp Act, 1957 and the Karnataka Societies
Registration Act, 1960.
(Obtained from L.A. Bill No. 8 of 2000.)
XXX
Amending Act 6 of 2001. - To give effect to the proposals made in the Budget Speech, it is
considered necesary to amend the Karnataka Stamp Act, 1957 and the Karnataka Co -operative
Societies Act, 1957.
Hence the Bill.
(Vide LA Bill No. 6 of 2001 File No. SAMVYASHAE 10 SHASANA 2001)
XXXI
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Amending Act 6 of 2002. - To give effect to the porposals made in the Budget Speech, it is
considered necessary to amend the Karnataka Stamp Act, 1957 and the Karnataka Socieities
Registration Act, 1960.
Hence the Bill.
(Vide LA Bill No. 11 Of 2002 and File No. SAMVYASHAE 19 SHASANA 2002)
XXXII
Amending Act 17 of 200 2.- It is considered ncessary to reduce or remit by notification till 31st
March, 2006, the stamp duty payable on any instrument, to be specified therein executed by,
specified new Tiny, Small Scale, Medium Scale or Large Scale Industrial Units or Mega Pro jects as
defined in the new industrial policy vide Government Order CI 167 SPI 2001 dated 30.6.2001 or by
such key projects of core area as defined in the said policy or specified by the State Government from
time to time. Hence the Bill.
(Vide LA Bill No. 23 of 2002 File No. SAMVYASHAE 4 SHASANA 2002)
XXXIII
Amending Act 8 of 2003. - To give effect to the proposals made in the Budget Speech for
the year 2003-04, it is considered necessary to amend the Karnataka Stamp Act, 1957, the Karnataka
Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka
Panchayat Raj Act, 1993.
Hence the Bill.
(Vide LA Bill No. 8 of 2003 File No. SAMVYASHAE 15 SHASANA 2003)
XXXIV
Amending Act 2 of 2004. - To give effect to the proposals made in the Budget Speech of
2003-04, it is considered necessary to amend the Karnataka Sales Tax Act, 1957, the Karnataka
Stamp Act, 1957 and the Karnataka Motor Vehicles Taxation Act, 1957.
Hence the Bill.
(obtained from LA Bill No. 7 of 2004 vide File No. SAMVYASHAE 11 SHASANA 2004)
XXXV
Amending Act 7 of 2006.- To give effect to the proposals made in the Budget Speech, it is
considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957).
Certain consequential amendments have also been proposed.
Hence the Bill.
[L.A. Bill No. 12 of 2006]
XXXVI
Amending Act 7 of 2007.- To give effect to the proposals made in the Budget Speech of
2007-2008, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act
No. 34 of 1957). Certain consequential amendments have also been proposed.
Hence the Bill.
[L.A.Bill No. 20 of 2007]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
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XXXVII
Amending Act 11 of 2007. - In order to encourage entreprene urs for establishment of new
industries, so as to achieve industrial as well as economic growth in the state and in the light of New
Industrial Policy 2006 -2011. It is proposed to amend the Karnataka Stamp Act, 1957 making
provision to give stamp duty exe mption as per the Industrial Policy issued by the Commerce &
Industries Department.
Hence the Bill.
[L.A. Bill No. 9 of 2007]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XXXVIII
Amending Act 17 of 2007. - In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of
Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff
has been created.
The Regional Commissioners have to be conferred with statutory powers by necessary
amendments to the relevant Acts.
Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka
Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of
2006) was promulgated to achieve the above Object.
Hence the Bill.
[L.A. Bill No. 7 of 2007]
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.]
XXXIX
Amending Act 1 of 2008. - In order to give effect to the proposals made in the Budg et
Speech for the year 2003-2004, it is considered necessary to amend the Karnataka Stamp Act, 1957,
to dispense with the use of stamps and stamp papers and to start using impressed stamps. The
Karnataka Stamp (Amendment) Bill, 2003 was passed in the both the Houses of the Legislature for
obtaining the assent of the President on 29.3.2003. The Government of India vide their letter
17/20/2003-Judl & PP, dated:18.10.2004 has communicated the notes of the Ministry of Law and
Justice (Department of Legal Affairs) for clarification.
The Government of Karnataka considered the observations of the Ministry of Finance,
Government of India (Banking Division) communicated vide Government of India letter dated:
11.7.2003 and the points raised by the Ministry of Law a nd Justice (Department of Legal Affairs) and
has decided to drop the proposed amendment to section 19 of the Karnataka Stamp Act, 1957.
Hence the Bill.
(L.A. Bill No. 8 of 2007)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XL
Amending Act 8 of 2008. -To give effect to the proposals made in the Budget Speech of
2008-2009, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No.
34 of 1957). Certain consequential amendments have also been proposed.
Hence the Bill.
(LA Bill No. 6 of 2008, File No. DPAL 12 Shasana 2008)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
14
XLI
Amending Act 9 of 2009. - To give effect to the proposals made in the Budget Speech 2009 -
10, it is considered necessary to amend the Karnataka Stamp Act, 1959 (Karnataka Act No.34 of
1957). Certain consequential amendments have also been proposed.
Hence the Bill
(LA Bill No. 24 of 2009, File No. DPAL 17 Shasana 2009)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLII
Amending Act 20 of 2009. - In the Budget Speech for the year 2009 -2010 it has been
announced to reduce the Stamp duty on sale transactions of all kinds of immovable properties
including agricultural land from seven and half percent to six percent.
Therefore it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act
34 of 1957)
As the matter was urgent and both the Houses of the Karnataka State Legislature w ere not in
session, the Governor of Karnataka had promulgated the Karnataka Stamp (Amendment)Ordinance,
2009 (Karnataka Ordinance No.5 of 2009)
This bill seeks to replace the said ordinance.
Hence the bill
(LA Bill No. 37 of 2009, File No. DPAL 28 Shasana 2009)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIII
Amending Act 8 of 2010.- To give effect to the proposals made in the Budget Speech 2010-
11, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of
1957). Certain consequential amendments have also been proposed.
Hence the bill.
[L.A. Bill No. 13 of 2010, File No.DPAL 15 Shasana 2010]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIV
Amending Act 9 of 2010. - In order to encourage entrepreneurs for establishment of new
industries in the State to combat financial crisis prevailing globally and in the hight of the new
Industrial Policy 2009-14, it is proposed to amend the Karnataka S tamp Act, 1957, to reduce or remit
stamp duty in public interest payable on any instrument executed by key projects of core area in the
special economic zones.
Hence the Bill.
[L.A. Bill No. 01 of 2010, File No. DPAL 34 Shasana 2009]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLV
Amending Act 16 of 2011.- To give effect to the proposals made in the Budget Speech
2011-12 it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No.34
of 1957).
Hence the Bill.
[L.A. Bill No.21 of 2011, File No.Samvyashae 18 Shasana 2011]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLVI
15
Amending Act 2 of 2012. - It is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act No. 34 of 1957) to give effect to the proposals made in the Budget Speech 2010-
11, and to give an impetus to growth in Agriculture, Information Technology, Bio-Technology, Science
and Technology.
Hence, the Bill.
[L.A. Bill No. 45 of 2011, File No.Samvyashae 48 Shasana 2011]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLVII
Amending Act 15 of 2012. - To give effect to the proposals made in the Budget Speech of
2012-13, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No. 34
of 1957). Certain consequential amendments have also been proposed.
Hence the Bill.
[L.A. Bill No. 10 of 2012, File No.Samvyashae 23 Shasana 2012]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLVIII
Amending Act 29 of 2013. - In order to promote the growth of housing activities through
documents of Joint Development Agreement and its consequent power of attorney it is considered
necessary to reduce the stamp duty payab le on one document to two hundred rupees only, if the
other document is duly stamped in accordance with law, by amending the Karnataka Stamp Act, 1957
(Karnataka Act No. 34 of 1957).
Hence the Bill.
[L.A. Bill No. 15 of 2013, File No. Samvyashae 29 Shasana 2013]
[Entry 44 of List III of the Seventh Schedule to the Constitution of
India.]
XLIX
Amending Act 19 of 2014.- To give effect to the proposals announced in the Budget speech
for the year 2014-15, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka
Act No. 34 of 1957), to provide for the following:-
(1) to avoid double taxation by way of stamp duty levy, it is proposed to exempt the stamp duty
on instrument of sale, executed by or between the Bangalo re Development Authority and the
concerned person, in connection with the allotment of alternate equivalent site to the allotee,
consequent to de -notification of the land in question and pursuant to the cancellation of the
preceding sale deed which is duly stamped.
(2) to promote growth in the Aerospace industry, it is proposed to reduce or remit the stamp duty
on instruments, executed by or between the concerned persons, in connection with the
Karnataka Aerospace Policy 2013-23.
(3) to give relief/remedy to the in struments exempted from the stamp duty, as specified in the
Notification No.RD 144 MuNoMu 2003 dated:23-04-2003. It is proposed to validate the same.
(4) to generate more revenue in the form of stamp duty, by way of better tax compliance, it is
proposed to rationalize the stamp duty on Joint Development Agreement and its consequent
power of attorney for joint development, by way of reducing the stamp duty from the current
5% to 2%.
(5) to rationalize Stamp Duty on Award relating to movable property, it is proposed to reduce the
stamp duty on such award from the current 5% to the rates, ranging from minimum ¼ (0.25)
percent to maximum ¾ (0.75) percent, as per the recommendation of the Law Commission of
Karnataka (twentieth report).
(6) To promote the growth of trade/ind ustry relating to the goods being imported in the State of
Karnataka, it is proposed to reduce stamp duty on "Delivery order in respect of the goods":
from the current 0.5% to 0.1% and to exempt stamp duty on such goods which are exempted
from the levy of customs duty by the Government of India. This measure will also generate
more revenue in the form of stamp duty by way of better tax compliance.
Hence the Bill.
[L.A. Bill No.36 of 2014, File No. Samvyashae 16 Shasana 2014]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
L
16
Amending Act 03 of 2015.- It is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act No. 34 of 1957) to reduce or remit stamp duty in public interest payable on any
instrument execute d by key projects of core area in special economic zone made in the New
Karnataka Industrial Policy 2014 -2019 announced by the State Government and to give impetus to
growth in the industry.
Hence, the Bill.
[L.A. Bill No. 67 of 2014, File No. Samvyashae 51 Shasana 2014]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
LI
Amending Act 16 of 2015. - To give effect to the proposal made in the Budget speech of
2015-16 It is considered necessary to amend the Karnataka Stamp Act, 195 7 (Karnataka Act 34 of
1957),
Hence the Bill.
[L.A. Bill No. 09 of 2015, File No. Samvyashae 17 Shasana 2015]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
LII
Amending Act 07 of 2016. - To give effect to the proposal made in the Budget Speech o f
2016-17, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act 34 of
1957) and to make consequential amendments.
Hence the Bill,
[L.A. Bill No.16 of 2016 File No. Samvyashae 21 Shasana 2016]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
LIII
Amending Act 09 of 2016.- It is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act No 34 of 1957) to give effect to proposal made in the Karnataka Tourism Policy
2015-2020, and to give impetus to the growth in the Tourism Industry.
Hence the Bill,
[L.A. Bill No.05 of 2016 File No. Samvyashae 38 Shasana 2015]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
LIV
Amending Act 10 of 2016.- It is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act No 34 of 1957) The State Government may in public interest, by notification to
give effect to proposal mad in the new Investment Incentive policy (IT, ITES, Innovation Inc entive
Policy) for the IT/ITes/Start - ups/Animation/Gaming/CopmuterGraphics/Telecom/MPO/KPO/Other
Knowledge base Industries, Specified in the Government Order No: IUTD 10 PRM 2013 dated 16 th
January 2014.
Hence the Bill,
[L.A. Bill No.14 of 2016 File No. Samvyashae 51 Shasana 2015]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
LV
Amending Act 21 of 2016. - Mines and Mineral (Development and Regulation) Act, 1957
(Central Act 67 of 1957) Act defines a "mining lease" as a lease granted for the purpose of
undertaking mining operations, and further defines "mining operations" as any operations undertaken
for the purpose of winning any mineral. Mining lease is essentially an instrument designed for
17
regulation of mining operations and mining rights. It does not fully conform to all the characteristics of
a lease of immovable property. The Possibility of privately owned and being part of the mining lease
area is also very clearly contemplated under the Mines and Mineral (Devel opment and Regulation)
Act, 1957 as well as the Karnataka Minor Minerals Concession Rules, 1994. Therefore, there is a
need to classify mining leases as a separate class of documents for the purpose of stamp duty,
distinct from lease of immovable property . Separate provisions are also provided for lease granted
by auction and granted by way other than auction.
Hon‘ble Supreme Court in its order dated: 30.07.2015 has directed the State Government to
conduct the auction of 15 ‗C‘ Category mines within outer limit of 32 weeks, preferably 26 weeks from
the date of order in accordance with the amendments of Mines and Minerals (Development and
Regulation) Act, 1957 and the Mineral (Auction) Rules, 2015 along with additional conditions.
The time line fixed by the Hon‘ble Supreme Court has already expired in March, 2016 and in
this connection an Interlocutory Application has been filed before the Hon‘ble Supreme Court for
extending time for auction of mines. The Hon‘ble Supreme Court has not yet decided on Interlocutory
Application filed by the Commerce and Industries Department. The Commissioner, Department of
Mines and Geology has already extended the calendar of events four times. Making this legislation is
very essential for the Commissioner, Department o f Mines and GExcerpt shown. Open the full act in Lexace.
Lex