LexThe Maharashtra Stamp Act
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1958 : LX] 1
THE MAHARASHTRA STAMP ACT
[Text as on 8th April 2025]
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CONTENTS
PREAMBLE.
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.
4. Several instruments used in single transaction of development agreement, sale, lease,
mortgage or settlement.
5. Instruments relating to several distinct matters or transactions.
6. Instruments coming within several descriptions in Schedule-I.
7. Payment of higher duty in respect of certain instruments.
8. Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law.
9. Power to reduce, remit or compound duties.
(B) Of Stamps and mode of using them.
10. Duties how to be paid.
10A. Duties to be paid in cash, by demand draft or by pay order by Government Controlled
bodies, Insurance Companies and Banks.
10B. Stock exchange, etc., to deduct stamp duty from trading member’s account.
10C. Duties to be paid in cash, or by demand draft or by pay order by notary.
10D. Certain Departments, Organisations, Institutions, etc., to ensure payment of stamp duty.
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.
14A. Alterations in instruments how to be charged.
15. Instruments written contrary to sections 13, 14 or 14A deemed not duly stamped.
16. Denoting duty.
(C) Of the time of stamping Instruments.
17. Instruments executed in State.
2 The Maharashtra Stamp Act [1958 : LX
18. Instruments executed out of State.
19. Payment of duty on certain instruments or copies thereof liable to be increased duty in
Maharashtra State.
(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 mortgage of marketable securities to be chargeable as
agreements.
25. How transfers in consideration of debt or subject to future payments, etc., to be charged.
26. Valuation in case of annuity, etc.
27. Stamp where value of subject matter is indeterminate.
28. Facts affecting duty to be set forth in instrument.
29. Direction as to duty in case of certain conveyances.
(E) Duty by whom payable.
30. Duties by whom payable.
30A. Duties payable by financial institution.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamps.
32. Certificate by Collector.
32A. Instrument of conveyance, etc., undervalued how to be dealt with.
32B. Appeal.
32C. Revision.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
33A. Impounding of Instruments after registration.
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. Deleted.
39. Collector’s power to stamp instruments impounded.
40. Instruments unduly stamped by accident.
1958 : LX] The Maharashtra Stamp Act 3
41. Endorsement of instruments on which duty has been paid under sections 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.
46. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
47. Allowance for spoiled stamps.
48. Application for relief order 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. Allowance for duty.
52B. Invalidation of stamps and saving.
CHAPTER VI
REFERENCE, REVISION AND APPEAL
53. Control of and statement of case to Chief Controlling Revenue Authority.
53A. Revision of Collector’s decision under sections 32, 39 and 41.
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
OFFENCE AND PROCEDURE
59. Penalty for executing, etc., instrument not duly stamped.
59A. No prosecution under section 59, if instrument admitted by Court.
60. Penalty for making false declaration on clearance list.
61. Penalty for failure to cancel adhesive stamp.
62. Penalty for omission to comply with provisions of section 28.
63. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
63A. Non-remittance of stamps duty within prescribed time to be offence.
64. Institution and conduct of prosecutions.
65. Deleted.
66. Place of trial.
4 The Maharashtra Stamp Act [1958 : LX
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
67. Books, etc., to be open to inspection.
67A. Obligation to furnish information.
68. Powers to inspect and call for information.
68A. Prevention or obstruction of an officer to be an offence.
69. Power to make rules.
70. Rounding off of fraction in duty payable or allowance to be made.
71. Deleted.
72. Delegation of certain powers.
73. Saving as court-fees.
73A. Deleted.
73B. Deleted.
74. Act not applicable to rates of stamp duty on bills of exchange, etc.
75. Act to be translated and sold cheaply.
76. Repeal of enactments.
SCHEDULE I
SCHEDULE II
1958 : LX] The Maharashtra Stamp Act 5
LIST OF AMENDEMENT ACTS
1. Amended by Bom. 95 of 1958
2. Adapted and modified by the Maharashtra Adaptation of L aws (State and Concurrent
Subjects) Order, 1960.
3. Amended by Mah. 10 of 1960
4. Amended by Mah. 31 of 1962
5. Amended by Mah. 10 of 1965
6. Amended by Mah. 29 of 1972
7. Amended by Mah. 13 of 1974 (1-5-1974)
8. Amended by Mah. 16 of 1979 (4-7-1980)
9. Amended by Mah. 27 of 1985 (10-12-1985)
10. Amended by Mah. 9 of 1988
11. Amended by Mah. 27 of 19881 (29-8-1988)
12. Amended by Mah. 1 of 1989 (6-1-1989)
13. Amended by Mah. 18 of 1989 (1-12-1989)
14. Amended by Mah. 9 of 19902 (7-2-1990)
15. Amended by Mah. 17 of 1993 (1-5-1993)
16. Amended by Mah. 20 of 19943 (28-2-1994)
17. Amended by Mah. 29 of 1994 (1-5-1994)
18. Amended by Mah. 38 of 1994 (17-8-1994)
19. Amended by Mah. 12 of 19954 (8-6-1995)
20. Amended by Mah. 16 of 1995 (1-9-1995)
21. Amended by Mah. 9 of 19975 (15-9-1996)
1 Maharashtra Ordinance No. 6 of 1988 was repealed by Mah. 27 of 1988, s. 3(1).
2 Maharashtra Ordinance No. 2 of 1990 was repealed by Mah. 9 of 1990, s. 4(1).
3 Maharashtra Ordinance No. 5 of 1994 was repealed by Mah. 20 of 1994, s. 4.
4 Maharashtra Ordinance No. 8 of 1995 was repealed by Mah. 12 of 1995, s. 15.
5 Maharashtra Ordinance No. 12 of 1995 was repealed by Mah. 9 of 1997, s. 48.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Stamp Act [1958 : LX
22. Amended by Mah. 30 of 19971 (15-5-1997)
23. Amended by Mah. 21 of 19982 (1-5-1998)
24. Amended by Mah. 1 of 2002 (1-1-2000)
25. Amended by Mah. 22 of 2001 (1-5-2001)
26. Amended by Mah. 20 of 2002 (1-5-2002)
27. Amended by Mah. 8 of 2003 (29-3-2003)
28. Amended by Mah. 10 of 20033 (3-2-2003)
29. Amended by Mah. 16 of 20034 (1-5-2003)
30. Amended by Mah. 13 of 2004, sec.1 (29-6-2004)
31. Amended by Mah. 13 of 2004, sec.2 to 6 (1-7-2004)
32. Amended by Mah. 32 of 20055 (7-5-2005)
33. Amended by Mah. 12 of 20066 (1-5-2006)
34. Amended by Mah. 16 of 20087 (5-6-2008)
35. Amended by Mah. 17 of 2009
36. Amended by Mah. 5 of 2010
37. Amended by Mah. 15 of 2011 (16-9-2011)
38. Amended by Mah. 41 of 20118 (28-11-2011)
39. Amended by Mah. 8 of 2012
40. Amended by Mah. 24 of 2012 (22-8-2012)
1 Section 9 of Mah. 30 of 1997 reads as under :—
“9. Validation of duty levied and collected. — (1) Notwithstanding anything contained in any judgement, decree or
order of any court to the contrary or in the Stamp Act, stamp duty assessed, levied and collected including any action taken in
pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under th e
provisions of article 25 in the Sc hedule I to the Stamp Act shall be deemed to have been validly levied and collected in
accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Tax Laws (Levy, Amendment
and Validation) Act, 1997 (Mah. XXX of 1997), had been continuously in force at all material time and accordingly,—
(a) all actions, proceedings or things done or taken by the authorities under the Stamp Act in connection with the
levy and collection of the stamp duty shall for all purpose, be deemed to have been done or taken in accordance with
the provisions of the said Act ;
(b) no suit or other proceedings shall be maintainable or continued in any court, against the said authorities for
the refund of the stamp duty so levied and collected ;
(c) no co urt or any other authority shall enforce any decree or order directing the refund of the stamp duty so
levied or collected.
(2) for the removal of doubt, it is hereby declared that nothing in sub -section (1) shall be construed as preventing a
person,—
(a) from questioning in accordance with the provisions of the Stamp Act as amended by this Amendment Act,
any assessment, re-assessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund to any stamp duty paid by him under the Stamp Act, in excess of the amount due from
him by way of stamp duty under the said Act, as amended by this Amendment Act.”
2 Maharashtra Ordinance No. 6 of 1998 was repealed by Mah. 21 of 1998, s. 30.
3 Maharashtra Ordinance No. 1 of 2003 was repealed by Mah. X of 2003, s. 4.
4 Mah. Act 16 of 2003 came into force with effect from 1 st May 2003, vide Maharashtra Government Gazette, Part IV-B,
page 105.
5 Maharashtra Ordinance No. 2 of 2005 was repealed by Mah. XXXII of 2005, s. 6.
6 Mah. Act 12 of 2006 came into force with effect from 1 st May 2006, vide Maharashtra Government Gazette, Part IV-B,
(Extra.), dated 2nd May 2006, p. 667.
7 This Act come into force w.e.f. 5 th June 2008 vide, G.N., R & F.D., No. Mudrank 2007/2797/CR.434/M -1, dated
31st May 2008.
8 Maharashtra Ordinance No. XXII of 2011 was repealed by Mah. 41 of 2011, s. 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1958 : LX] The Maharashtra Stamp Act 7
41. Amended by Mah. 8 of 2013 1(1-5-2013)
42. Amended by Mah. 27 of 2014 (1-7-2014)
43. Amended by Mah. 20 of 2015 (24-4-2015)
44. Amended by Mah. 8 of 2016 (29-4-2016)
45. Amended by Mah. 47 of 2017 (19-8-2017)
46. Amended by Mah. 59 of 2017 (7-9-2017)
47. Amended by Mah. 5 of 20182, 3 (15-12-2016)
48. Amended by Mah. 21 of 20194, 5 (13-2-2019)
49. Amended by Mah. 3 of 20216 (9-2-2021)
50. Amended by Mah. 7 of 2022 (20-10-2022)
1 Mah. Act 8 of 2013 came into force with effect from 1 st May 2013 vide G.N., F.D., No. VAT 15B/C. R. 57/ Taxation -1,
dated the 25th April 2013.
2 Maharashtra Ordinance No. 26 of 2017 was repealed Mah. V of 2018, s. 5.
3 Section 4 of Mah. V of 2018 read as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary
or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessmen t,
levy and collection by the authorities under the said Act, acting o r purporting to act under the provisions of article 25 in the
Schedule I to the principal Act shall be deemed to have been validly levied and collected in accordance with law as if the
provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and Validation) Act, 2017 (Mah. V of
2018) (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material time an d
accordingly,—
(a) all actions, proceedings or things done or taken by the author ities under the principal Act in connection with
the levy and collection of the stamp duty shall for all purposes, be deemed to have been done or taken in accordance
with the provisions of the said Act;
(b) no suit or other proceedings shall be maintainab le or continued in any court, against the said authorities for
the refund of the stamp duty so levied and collected;
(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so
levied or collected.
(2) For the removal of doubt, it is hereby declared that nothing in sub -section (1) shall be construed as preventing a
person,—
(a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act,
any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due
from him by way of stamp duty under the principal Act, as amended by the Amendment Act.
4 Maharashtra Ordinance No. 7 of 2019 was repealed Mah. XXI of 2019, s. 5.
5 Section 4 of Mah. 21 of 2019 read as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contr ary
or in the principal Act, reduction or remission in the duties or penalty or both, granted under clause ( a) of section 9 of the
principal Act including any action taken in pursuance of such reduction or remission by the authorities under the said Act,
acting or purporting to act under the provisions of the principal Act, shall be deemed to have been validly granted in
accordance with law as if the provisions of clause ( a) of Section 9 of the principal Act as amended by the Maharashtra Stamp
(Amendment an d Validation) (Continuance) Act, 2019 (Mah. XXI of 2019) (hereinafter in this section referred to as “the
Amendment Act”) had been continuously in force at all material times and accordingly,—
(a) all actions, proceedings or things done or taken by the au thorities under the principal Act in connection with
the reduction or remission of the duty or penalty or both shall for all purposes, be deemed to have been done or taken in
accordance with the provisions of the principal Act;
(b) no suit or other proceedings shall be maintainable or continue in any court, against the said authorities for the
remission or reduction granted in respect of the duties or penalty or both.
(2) for the removal of doubt, it is hereby declared that nothing in sub -section (1) shall be construed as preventing a
person,—
(a) from questioning in accordance with the provisions of the principal Act, as amended by the Amendment Act,
any assessment, re-assessment, levy or collection of stamp duty or penalty or both, referred to in sub -section (1) of this
section; or
(b) from claiming refund to any stamp duty paid by him under the principal Act, in excess of the amount due
from him by way of duties or penalty or both under the principal Act, as amended by the Amendment Act.
6 Maharashtra Ordinance No. 1 of 2021 was repealed Mah. III of 2021, s. 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
8 The Maharashtra Stamp Act [1958 : LX
51. Amended by Mah. 8 of 20221 (5-8-2016)
52. Amended by Mah. 32 of 2022 (7-4-2022)
53. Amended by Mah. 32 of 2024 (31-7-2024)
54. Amended by Mah. 9 of 20252 (14-10-2024)
55. Amended by Mah. 20 of 2025 (1-4-2025)
1 Section 4 of Mah. 8 of 2022 reads as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary
or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessmen t,
levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in
Schedule I of the principal Act, shall be deemed to have validly levied and collected in accordance with law as if the
provisions of the said article 25, as amended by the Maharashtra Stamp (Second Amendment and Validation) Act, 2021
(Mah. VIII of 2022) (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all
material time and accordingly,—
(a) all actions, proceedings or things done or taken by the aut horities under the principal Act in connection with
the levy and collection of the stamp duty shall for all purpose, be deemed to have been done or taken in accordance
with the provisions of the principal Act;
(b) No suit or other proceedings shall be main tainable or continued in any court, against the said authorities for
the refund of the stamp duty so levied and collected;
(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so
levied or collected.
(2) For the removal of doubts, it is hereby declared that nothing in sub -section (1) shall be construed as preventing a
person,—
(a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act,
any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due
form him by way of stamp duty under the principal Act, as amended by the Amendment Act.
2 Maharashtra Ordinance No. 12 of 2024 was repealed Mah. IX of 2025, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1958 : LX] The Maharashtra Stamp Act 9
BOMBAY ACT No. LX OF 19581
[THE MAHARASHTRA STAMP ACT.]
[This Act received the assent of the President on 4th June 1958; and assent was first published,
in the Bombay Government Gazette, Part IV, on the 11th June 1958.]
An Act to consolidate and amend the law relating to stamps and
stamp duties in the State of Bombay.
WHEREAS it is expedient to consolidate and amend the law relating to stamps and rates of stamp
duties other than those in respect of document specified in entry 91 of List I in the Seventh Schedule to
the Constitution of India in the State of Bombay; It is hereby enacted in the Ninth Year of the Republic
of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the 2[the Maharashtra
Stamp Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It sha ll come into force on such date 4 as the State Government may, by notification in the
Official Gazette, direct.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
5[(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 G overnment
may, by notification in the Official Gazette, appoint in this behalf;]
(a) “association” means any association, exchange, organisation or body of individuals,
whether incorporated or not, established for the purpose of regulating and controlling business of
the sale or purchase of, or other transaction relating to, any goods or marketable securities;
6[(b) “banker” means an association, a company or a person who accepts, for the purpose of
lending or investment, deposits of money from the public, repayable on demand or otherwise and
withdrawable by cheque, draft, order or otherwise;]
(c) “bond” includes,—
(i) any instrument whereby a person obliges himself to pay money to another, on
condition that obligation shall be void if a specified act is performed, or is not performed, as
the case may be;
(ii) any instrument attested by a witness and not payable to order or bearer, whereby a
person obliges himself to pay money to another; and
(iii) any instrument so attested whereby a person, obliges himself to deliver grain or
other agricultural produce to another;
7[Explanation.— Notwithstanding anything contained in any law for the time being in
force, for the purposes of this clause, “attested”, in relation to an instrument, means attested
by one or more witnesses each of whom has seen the executant sign or affix his mark to the
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra. Part V, p. 122.
2 The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. Entry 67, w.e.f. 1st May 1960.
3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption of Laws (State and
Concurrent Subjects) Order, 1960.
4 This Act came into force w.e.f. 16 th February 1959, vide G.N., R.D., No. STP. 1507 IR, dated 4 -2-1959, B.G.G.,
Part IV-B, p. 191.
5 Clause (aa) was inserted by Mah. 20 of 2015, s. 2.
6 Clause (b) was substituted for the original by Mah. 27 of 1985, s. 2(a).
7 This Explanation was added Mah. 27 of 1985, s. 2(b).
10 The Maharashtra Stamp Act [1958 : LX
instrument, or has seen some other person sign the instrument in the presence and by the
direction of the executant, or has received from the executant a personal acknowledgment of
his signature or mark or of the signature of such other person, and each of whom has signed
the instrument in the presence of the executant; but it shall not be necessary that more than
one of such witnesses shall have been present at the same time, and n o particular form of
attestation shall be necessary;]
(d) “chargeable” means, as applied to an instrument executed or first executed after the
commencement of this Act, chargeable under this Act and as applied to any other instruments,
chargeable under the law in force in the State when such instrument was executed or, where
several persons executed the instrument at different times, first executed;
1[(dd) “Chief Controlling Revenue Authority” means such officer as the State Government
may, by notification in the Official Gazette, appoint in this behalf for the whole or any part of the
2[State of Maharashtra];]
(e) “clearance list” means a list of transactions relating to contracts required to be submitted
to the clearing house of an association in accordan ce with the rules or bye -laws of the
association:
Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance
list unless it contains the following declaration signed by the person dealing in such transaction or
on his behalf by properly constituted attorney, namely :—
“I/We hereby solemnly declare that the above list contains a complete and true
statement of my/our transaction 3[including crossed out transactions and transactions
required to be submitted to the clearing ho use in accordance with the rules/bye -laws of the
association]. I/We further declare that no transaction for which an exemption is claimed
under Article 5 or Article 43 in Schedule I to 4the Bombay Stamp Act, 1958
(Bom. LX of 1958), as the case may be, is omitted.”
Explanation.— Transaction for the purpose for this clause shall include both sale and
purchase;
(f) “Collector” means 5* * * * * the Chief Officer in charge of the revenue administration of
a district, and includes any officer whom the State Gov ernment may, by notification in the
Official Gazette, appoint in this behalf; 6[and on whom any or all the powers of the Collector
under this Act are conferred by the same notification or any other like notification;]
7[(g) “Conveyance” includes,—
(i) a conveyance on sale,
(ii) every instrument, 8***
(iii) every decree or final order of any Civil Court,
9[(iv) every order made by the High Court under section 394 of the Companies Act,
1956 (1 of 1956) or every order made by the National Company Law Tribunal under
sections 230 to 234 of the Companies Act, 2013 (18 of 2013) or every confirmation issued
by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013
(18 of 2013), in respect of the amalgamation, merger, demerger, arrang ement or
1 Clause (dd) was inserted by Bom. 95 of 1958, s. 2.
2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption of Laws (State and
Concurrent Subjects) Order, 1960.
3 This portion was substituted for the portion beginning with the words “and that it” and ending with the words “of the
association” by Mah. 10 of 1965, s. 2.
4 The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. entry 67 w.e.f. 1st May 1960.
5 The words “in Greater Bombay the Collector of Bombay and elsewhere” were deleted by Mah. 9 of 1988, s. 32(a).
6 These words were added by Mah. 9 of 1988, s. 32(b).
7 Clause (g) was substituted for the original by Mah. 27 of 1985, s. 2(c).
8 The word “and” was deleted by Mah. 17 of 1993, s. 28 (a)(i).
9 Sub-clause (iv) was substituted by Mah. 5 of 2018, s. 2.
1958 : LX] The Maharashtra Stamp Act 11
reconstruction of companies (including subsidiaries of parent company); and every order of
the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (10 of
1949) in respect of amalgamation or reconstruction of Banking Compani es 1[and every
order made by the Board for Industrial and Financial Reconstruction under section 18 or 19
of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), in respect of
sanction of Scheme specified therein or every order made b y the National Company Law
Tribunal under section 31 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), in
respect of approval of resolution plan;]
by which property, whether moveable or immoveable, or any estate or interest in any
property is trans ferred to, or vested in, any other person, inter vivos and which is not
otherwise specifically provided for by Schedule I;
Explanation.— An instrument whereby a co -owner of any property transfers his interest to
another co -owner of the property and which i s not an instrument of partition, shall, for the
purposes of this clause, be deemed to be an instrument by which property is transferred
inter vivos;]
2[(ga) “Deputy Inspector General of Registration and Deputy Controller of Stamps” means
the officer or o fficers 3[so designated by the State Government may, by notification in the
Official Gazette, appoint in this behalf;]
(h) “duly stamped” as applied to an instrument means that the instrument bears and adhesive
or impressed stamp of not les s than the proper amount and that such stamp has been affixed or
used in accordance with the law for the time being in force in the state;
(i) “executed” and “execution” used with reference to instruments, mean “signed” and
“signature”;
4[Explanation.— The terms “signed” and “signature” also include attribution of electronic
record as per section 11 of the Information Technology Act, 2000 (21 of 2000);]
(j) “Government securities” means a Government security as defined in the Public Debt Act,
1944 (XVIII of 1944);
5[(ja) “immoveable property” includes land, benefits to arise out of land, and things attached
to the earth, or permanently fastened to anything attached to the earth;]
(k) “impressed stamp” includes,—
(i) labels affixed and impressed by the proper officer;
(ii) stamps embossed or engraved on stamped paper;
6[(iii) impression by franking machine;
(iv) impression by any such machine as the State Government may, by notification in
the Official Gazette, specify;]
7[(v) receipt of e-payment;]
(l) “instrument” includes every document by which any right or liability is, or purports to
be, created, transferred, limited, extended, extinguished or recorded, but does not include a bill of
exchange, cheque, promissory note, bill of lading, letter of credit, pol icy of insurance, transfer of
share, debenture, proxy and receipt;
1 This portion was inserted by Mah. 8 of 2022, s. 2.
2 Clause (ga) was inserted by Mah. 13 of 2004, s. 2.
3 These words were substituted for the original by Mah. 12 of 2006, s. 2.
4 The Explanation was added by Mah. 32 of 2005, s. 2(1).
5 Clause (ja) was inserted by Mah. 27 of 1985, s. 2(d).
6 Sub-clauses (iii) and (iv) were added by Mah. 20 of 1994, s. 2.
7 Sub-clause (v) was added by Mah. 41 of 2011, s. 2.
12 The Maharashtra Stamp Act [1958 : LX
1[Explanation.— The term “document” also includes any electronic record as defined in
clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);]
2[(la) “instrument of gift” includes, where the gift is of any moveable 3[or immoveable]
property but has not been made in writing, any instrument recording whether by way of
declaration or otherwise the making or acceptance of such oral gift;]
(m) “instrument of partition” means any instrument whereby co -owners of any property
divide or agree to divide such property in severalty and includes,—
(i) a final order for effecting a partition passed by any revenue authority or any
civil court,
(ii) an award by an arbitrator directing a partition, and
(iii) when any partition is effected without executing any such instrument, any
instrument or instruments signed by the co -owners and recording, whether by way of
declaration of such partition or otherwise, the terms of such partition amongst the
co-owners;
(n) “lease” means a lease of immovable property, 4[or moveable (or both)] and
includes also,—
(i) a Patta;
(ii) a Kabulayat, or other undertaking in writing, not being a counterpart of a lease to
cultivate, occupy or pay or deliver rent for immovable property;
(iii) any instrument by which tolls of any description are let;
(iv) any writing on an application for a lease intended to signify that the application
is granted;
5[(v) a decree or final order of any Civil Court in respect of lease:
Provided that, where subsequently an instrument of lease is executed in pursuance of
such decree or order, the stamp duty, if any, already paid and recovered on such decree or
order shall be adjusted towards the total duty leviable on such instrument;]
6[(na) “market value” in relation to any property which is the subject matter of an
instrument, means the price which such property would have fetched if sold in open market on
the date of execution of such instrument] 7[or the consid eration stated in the instrument,
whichever is higher];
(o) “marketable security” means a security of such description as to be capable of being sold
in any stock market in India, 8* * *;
(p) “mortgage deed” includes every instrument whereby, for the purpo se of securing money
advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of
an engagement, one person transfers or creates to, or in favour of, another, a right over or in
respect of specified property;
9[(pa) “moveable property” includes standing timber, growing crops and grass, fruit upon
and juice in trees and property of every other description, except immoveable property, by which
1 This Explanation was added by Mah. 32 of 2005, s. 2(2).
2 Clause (la) was inserted by Mah. 31 of 1962, s. 2.
3 These words were inserted by Mah. 13 of 1974, s. 2.
4 These words were inserted by Mah. 17 of 1993, s. 28(b)(i).
5 Sub-clause (v) was inserted by Mah. 17 of 1993, s. 28(b)(ii).
6 Clause (na) was inserted by Mah. 16 of 1979, s. 2.
7 This portion was added by Mah. 27 of 1985, s. 2(e).
8 The words “or in the United Kingdom” were deleted by Mah. 27 of 1985, s. 2(f).
9 Clause (pa) was inserted by Mah. 17 of 1993, s. 28(c).
1958 : LX] The Maharashtra Stamp Act 13
any right or liability is or is purported to be created, transferred, limited, e xtended, extinguished
or recorded;]
(q) “paper” includes vellum, parchment or any other material on which an instrument may
be written;
(r) “power of attorney” includes any instrument (not chargeable with a fee under the law
relating to court-fees for the time being in force) empowering a specified person to act for and in
the name of the person executing it 1[and includes an instrument by which a person, not being a
person who is a legal practitioner, is authorised to appear on behalf of any party in any
proceeding before any court, Tribunal or authority];
2[(ra) “public officer” means a public officer as defined in clause ( 17) of section 2 of the
Code of Civil Procedure, 1908 (V of 1908);]
(s) “Schedule” means a Schedule appended to this Act;
(t) “settleme nt” means any non -testamentary disposition in writing of movable or
immovable property made,—
(i) in consideration of marriage,
(ii) for the purpose of distributing property of the settler among his family or those for
whom he desires to provide, or for th e purpose of providing for some person dependant on
him, or
(iii) for any religious or charitable purpose, and
includes an agreement in writing to make such a disposition and where any such disposition
has not been made in writing, any instrument recordin g whether by way of declaration of trust or
otherwise, the terms of any such disposition;
(u) “soldier” includes any person below the rank of a non -commissioned officer who is
enrolled under the Army Act, 1950 (XLVI of 1950).
CHAPTER II
STAMPS DUTIES
(A) Of the Liability of Instruments to Duty.
3. Instruments chargeable with duty. — Subject to the provisions of this Act and the
exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the
amount indicated in Schedule I as the proper duty therefor respectively, that is to say—
(a) every instrument mentioned in Schedule I, which, not having been previously executed
by any person, is executed in the State on or after the date of commencement of this Act;
(b) every instrument mentioned in Schedule I, which, not having been previously executed
by any person, is executed out of the State on or after the said date, relates to any property situate,
or to any matter or thing done or to be done in this State and is received in this State:
3[Provided that a copy or extract, whether certified to be a true copy or not and whether a
facsimile image or otherwise of the original instrument on which stamp duty is chargeable under
the provisions of this section, shall be chargeable with ful l stamp duty indicated in the Schedule I
if the proper duty payable on such original instrument is not paid:]
4[Provided further that] no duty shall be chargeable in respect of—
(1) Any instrum ent executed by or on behalf of , or in favour of, the Governmen t in
cases where, but for this exemption, the Government would be liable to pay the duty
1 This portion was added by Mah. 27 of 1985, s. 2(g).
2 Clause (ra) was inserted by Mah. 27 of 1985, s. 2(h).
3 This proviso was inserted by Mah. 21 of 1998, s. 6(a).
4 These words were substituted for the words “provided that” by Mah. 21 of 1998, s. 6(b).
14 The Maharashtra Stamp Act [1958 : LX
chargeable in respect of such instrument 1[or where the Government has undertaken to bear
the expenses towards the payment of the duty.]
(2) Any instrument for the sal e, transfer or other disposition, either absolutely or by
way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property
of or in any ship or vessel registered under the Bombay Coasting Vessels Act, 1838
(XIX of 1838), or 2[Merchant Shipping Act, 1958 (XLIV of 1958)].
4. Several instruments used in single transaction of 3[development agreement,] sale, 4[lease,]
mortgage or settlement. — (1) Where, in the case of any 5[development agreement,] sale, 6[lease,]
mortgage or settlement, several instruments are employed for completing the transaction, the principal
instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance,
7[development agreement,] 8[lease,] mortgage or settlement, and each of the other instruments shall be
chargeable with a duty of 9[five hundred rupees] instead of the duty (if any) prescribed for it in that
Schedule.
(2) The parties may determine for themselves which of the instruments so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument.
10[(3) If the parties fail to determine the principal instrument between themselves, then the officer
before whom the instrument is produced may, for the purposes of this section, determine the principal
instrument:]
Provided that the duty chargeable on the instrument so determined shall be the highest duty which
would be chargeable in respect of any of the said instruments employed.
11[5. Instruments relating to several distinct matters or transactions. — Any instrument
comprising or relating to several distinct matters or transactions shall be chargeable with the aggregate
amount of the duties with which separate instruments, each comprising or relating to one of such
matters or transactions, would be chargeable under this Act.]
6. Instruments coming within several descriptions in Schedule I.— Subjects to the provisions
of section 5, an instrument so framed as to come within two or more of the descriptions in Schedule I
shall, where the duties chargeable thereunder are different, be chargeable only with the highest or such
duties:
Provided that nothing in this Act contained shall render chargeable with duty exceeding 12[one
hundred rupees] a counterpart or duplicate of any instrument chargeable with duty an d in respect of
which the proper duty has been paid.
7. Payment of higher duty in respect of certain instruments. — (1) Notwithstanding anything
contained in section 4 or 6 or in any other enactment, unless it is proved that the duty chargeable under
this Act has been paid,—
(a) on the principal or original instrument, as the case may be, or
(b) in accordance with the provisions of this section,
1 These words were added by Mah. 27 of 1985, s. 3(a).
2 These words and figures were substituted for the words and figures “Indian Registration of Ships Act, 1841” by
Mah. 27 of 1985, s. 3(b).
3 These words were inserted by Mah. 32 of 2005, s. 3(2).
4 These words were inserted by Mah. 20 of 2015, s. 3(b).
5 These words were inserted by Mah. 32 of 2005, s. 3(1).
6 These words were inserted by Mah. 20 of 2015, s. 3(a).
7 These words were inserted by Mah. 32 of 2005, s. 3(1).
8 These words were inserted by Mah. 20 of 2015, s. 3(a).
9 These words were substituted for the words “one hundred rupees” by Mah. 20 of 2025, s. 2.
10 Sub-section (3) was inserted by Mah. 27 of 1985, s. 4(b).
11 This section shall be deemed to have been substituted w.e.f. 11th August 2015 by Mah. 3 of 2021, s. 2.
12 These words were substituted for the words “ten rupees” by Mah. 5 of 2010, s. 2.
1958 : LX] The Maharashtra Stamp Act 15
the duty chargeable on an instrument of sale, mortgage or settlement, other than a principal instrument
or on a c ounterpart, duplicate or copy of any instrument shall, if the principal or original instrument
would, when received in this State have been chargeable under this Act with a higher rate of duty, be
the duty with which the principal or original instrument would have been chargeable under section 19.
(2) Notwithstanding anything contained in any enactment for the time being in force, no
instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in
evidence unless the duty chargeable under this section has been paid thereof:
Provided that any Court before which any such instrument, duplicate or copy i s produced may
permit the duty chargeable under this section to be paid thereon and may then receive it in evidence.
1[(3) The provisions of this Act and the rules made thereunder, in so far as they relate to the
recovery of duties chargeable on instruments under section 3 shall, so far as may be, apply to the
recovery of duties chargeable on a counterpart, duplicate or a c opy of an instrument under
sub-section (1).]
8. Bonds or securities other than debentures issued on loans under Act IX of 1914 or
other law.— (1) Notwithstanding anything in this Act, any local authority raising a loan under the
provisions of the Local Authorities Loans Act, 1914 (IX of 1914) or of any other law for the time being
in force, by the issue of bonds or securities other than debentures shall, in respect of such loan, be
chargeable with duty of 2[two per centum] on the total amount of such bonds or securities issued by it,
and such bonds or securities need not be stamped, and shall not be chargeable with any further duty on
renewal, consolidation, sub-division or otherwise.
(2) The provisions of sub -section (1) exempting certain bonds or secu rities from being stamped
and from being chargeable with certain further duty shall apply to the bonds or securities other than
debentures of all outstanding loans of the kind mentioned therein, and all such bonds or securities shall
be valid, whether the same are stamped or not.
(3) In the case of wilful neglect to pay the duty required by this section the local authority shall be
liable to forfeit to the State Government a sum equal to ten per centum upon the amount of duty
payable, and a like penalty for every month after the first month during which such neglect continues.
9. Power to reduce, remit or compound duties. — The State Government 3[, if satisfied that it
is necessary to do so in the public interest] may, by rule or order published in the Official Gazette,—
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the
State the 4[duties or penalty, if any, or both] with which any instruments or any particular class of
instruments or any of the instruments belongi ng to such class, or any instruments when executed
by or in favour of any particular class of persons, or by or in favour of any members of such class,
are chargeable, and
(b) provide for the composition or consolidation of duties in the case of issues by any
incorporated company or other body corporate of bonds or marketable securities other than
debentures.
(B) Of Stamps and the mode of using them.
10. Duties how to be paid. — (1) Except as otherwise expressly provided in this Act, all duties
with which a ny instrument are chargeable shall be paid, and such payment shall be indicated on such
instruments, by means of stamps,—
(a) according to the provisions herein contained; or
(b) when no such provision is applicable thereto, as the State Government may, by
rules, direct.
1 Sub-section (3) was added by Mah. 17 of 1993, s. 29.
2 These words were substituted for the words “one and half per centum” by Mah. 17 of 1993, s. 30.
3 These words were inserted by Mah. 27 of 1985, s. 6.
4 These words were substituted for the word “duties” by Mah. 21 of 2019, s. 2, w.e.f. 1-04-1994.
16 The Maharashtra Stamp Act [1958 : LX
(2) The rules made under sub-section (1) may, among other matters, regulate,—
(a) in the case of each kind of instrument, the description of stamps which may be used;
(b) in the case of instruments stamped with impressed stamps , the number of stamps which
may be used.
1[(2-1A) From the date of coming into force of the Bombay Stamps (Amendment) Act, 2003
(Mah. X of 2003), in the case of instruments, stamped with impressed stamps, such stamps shall bear
the stamp and signature with date, Excerpt shown. Open the full act in Lexace.