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The Indian Stamp Duty (Nagaland Amendment) Act,1989

Nagaland · state statute
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INDIAN STAMP DUTY (NAGALAND 
AMENDMENT) ACT, 1989 
 
(THE NAGALAND ACT NO. 6 OF 1989) 
 
(Received the assent of the Governor on 30th June ‘89 and published 
in the Nagaland Gazette extraordinary dated 30th June ‘89) 
 
 
An 
 
Act 
 
to amend the Indian Stamp Duty Act, 1989, in its application to Nagaland. 
 
Preamble 
Whereas it is expedient to amend the Indian Stamp Duty Act, 1899, (Act 11 of 1899) hereinafter called the Principal Act, in its 
application to Nagaland in the manner hereinafter appearing. It is hereby enacted in the Fortieth year of the Republic of India as 
follows 
1. Short title, extent and commencement. 
(1) This Act may he called the Indian Stamp Duty (Nagaland 
Amendment) Act, 1989. 
(2) It shall extend to the whole State of Nagaland. 
(3) It shall come into force on such date as the State Government may, 
by notification in the official gazette, appoint. 
 
2. Amendment of Schedule I of Act 11 of 1899. 
In Schedule into the principal Act, the following shall he substituted, namely 
 
SCHEDULE 1 
 
Description of Instrument 
 
(1) 
 
I. ACKNOWLEDGMENT of debt exceeding twenty rupees in amount or value, written or signed by or on behalf of, a debtor in 
order to supply evidence of such debt in any book
 (other than a bankers pass-book) 
 or on a separate piece of paper 
 when such book or paper is left in 
 the creditor’s possession: provided 
 that such acknowledgment does not 
 contain any promise to pay the debt 
 or any stipulation to pay interest or 
 to deliver any goods or other property.                    Fifty paise 
 
2. ADMINISTRATION-BOND in 
 cluding a bond given under section 
 6 of the Govt. Savings Banks Act, 
 1875, or section 291 or section 375 
 or section 376 of the Indian Suc 
 cession Act, 1925. 
 (a) Where the amount does not                                    The same duty as a Bond 
 exceed Rs. 1000/-                            Duty No. 15 for such 
                                        amount. 
 
 (b) In any other case.                                  Thirty rupees. 
3. ADOPTION-DEED, that is to say, 
 any instrument (other than a will) 
 recording an adoption or conferring 
 or purporting to confer an authority 
 to adopt.                                  Sixty rupees 
 
4. AFFIDAVIT, including an affirma 
 tion or declaration in the case of 
 persons by law allowed to affirm or 
 declare instead of swearing.                                 Ten rupees 
 
 Exemptions 
 
Affidavit or declaration in writing when made 
(a) as a condition of enlistment under the Indian Army Act,1950. 
(b) for the immediate purpose of being field or used in any Court  or before the Officer of any Courier. 
(c) for the sole purpose of enabling any person to receive any Pension or charitable allowance. 
 
 
 
5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT 
 (a) if relating to the sale of a bill 
  of exchange.             One rupee 
 
 (h) if relating to the sale of a Govt.   Subject to a maximum of 
  Security             eighty rupees and fifty 
                paisa for every Rs. 10,000/- 
               or part thereof bf the value 
               of the Security. 
 (c) if relating to the purchase or 
  sale of shares, scripts, stocks 
  bonds, debentures, debenture 
  stocks or any other marketable 
  Security of a like nature in or 
  of any incorporated company 
  or other body corporate 
 
 (i) When such agreement or             One rupees for every Rs. 
  memorandum of an agreement             25,00/- or part thereof of 
  is with or through a member              the value of the Security 
  or between members of a             at the time of its purchase 
  Stock-Exchange recognised              or sale, as the case may 
  under the Securities Contracts               be. 
  (Regulation) Act, 1956. 
 
Description of Instrument 
 
 (ii) in other cases Two rupees for every Rs. 
   500/- or part thereof of 
   the security at the time of 
   its purchase or sale, as the 
   case may be. 
 
 (d) if executed for service or for 
  performance of work in any 
  estate whether held by one per 
  son, or more persons, than one 
  as co-owners, and whether in 
  one or more blocks, and 
  situated in Assam/Meghalaya 
where the advance given under such agreement does not ex 
  ceed fifty rupees. One rupee 
 (e) if not otherwise provided for Four rupees 
    Exemptions 
Agreement or memorandum of agreement 
(a) for or relating to the sale of goods or merchandise exclusively, not being a note or memorandum chargeable under No. 43: 
(b) made in the form of tenders to the Government of India 
 for or relating to any loan 
 
 
AGREEMENT TO LEASE 
See Lease (No. 35) 
6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWNS OR PLEDGE, that is to say, any instrument evidencing an 
agreement relating to 
(1) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a 
marketable security) or 
(2j the pawn or pledge of movable property where such deposit, pawn or pledge has been made byway of security for the repay-
ment of money advanced or to be advanced by way of loan or an existing or future debt 
 (a)if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the 
agreement if the amount of loan does not exceed Rs. 500/ 
if it exceeds Rs. 500/- and not Five rupees if the amount 
exceed Rs. 1000/- and for every of loan does not exceed 
Rs. 1000/- or part thereof in Rs. 500/-; Ten rupees if 
excess of Rs. 1000/- the amount exceed Rs. 
   500/- but does not exceed 
   Rs. 1000/- Ten rupees for 
   every Rs. 1000/- or part 
   thereof in excess of Rs. 
   1000/- 
(b)if such loan or debt repayable Half the duty payable 
not more than three months under subclause (a) 
from the date of such instrument 
 Exemptions 
Instrument of pawn or pledge of good if unattested. 
7. APPOIINTMENT, IN EXECUTION OF A POWER 
Whether of trustees or a property, movable or immovable, where made by any writing not being a will 
 (a) Where the value of the proper 
  ty does not exceed Rs. 1000/-     Fifty rupees 
 
 (b) in any other case             Ninety rupees 
 
8. APPRAISEMENT OR VALUA 
 TION, made otherwise than under      The same duty as in Bot 
 an order of the Court in the course    tomory Bond (No 15) for 
 of a suit              such amount 
 (a) where the amount does not 
  exceed Rs. 1000/- 
 Description of Instrument              Proper Stamp Duty 
 (h) in any other case             Twenty four rupees seven 
                ty-five paise 
 
    Exemptions 
 (a) Appraisement or valuation 
  made for the information of 
  one party only and not being 
ill any manner obligatory be- 
tween parties either by agree- 
ment or operation of law. 
(b)Appraisement of crops for the 
  purpose of ascertaining the 
  amount to be given to a 
  landlord as rent. 
 
9. APPRENTICESHIP DEED 
 including every writing relating to             Twenty-four rupees 
 the service or tuition of any appren-  seventy-five paise. 
 tice, clerk or servant placed with 
 any master to learn any profession, 
 trade or employment. 
 
  
 
 
Exemptions 
Instruments of apprenticeship executed by a Magistrate under the apprentices Act, 1961, or by which a person is apprenticed by or 
at the charge of any public charity. 
10. ARTICLES ()F ASSOCIATION 
 OF A COMPANY 
 (a) Where the company has no                             Sixty-one rupees ninty 
  share capital or the normal                              paise. 
  share capital does not exceed 
  Rs. 2,500/- 
 
 (b) Where the nominal share capi-                 Eighty two rupees fifty 
  tal exceeds Rs. 2,500/- but does                  paise. 
  not exceed Rs. 5,000/-           
 
 (c) Where the nominal share capi-                 One hundred twenty three 
  tal exceeds Rs. 5,500/- but does                  rupees seventy five paise.. 
  not exceeds 1,00,000  
 
 (d) Where the nominal share capi-                  Two hundred forty seven 
  tal exceeds Rs. 1,00,000/-                              rupees fifty paise. 
 Exemptions 
Articles of any association not formed for profit and registered under section25 of the Companies Act, 1956, See also 
Memorandum of Association of a Company (No.39) 
 
ASSIGNMENT - See conveyance (No. 23) transfer (No. 62) and transfer of lease (No. 63) as the case may be. 
ATTORNEY-See adoption-deed (No. 3) 
 
 
 12. AWARD-That is to say, decision                     The same duty as a Bond 
 in writing by an arbitrator or urn-                   (No. 15) for the amount 
 pier, not being an award directing                   or value of the property 
 a partition, on a reference made                  to which the award relates, 
 otherwise than by an order of the                 as set forth in such award 
 court in the course of a suit.                      subject to a maximum of 
                  one hundred twenty three 
                   rupees seventy five paise. 
 
 15. BOND (as defined by section 2 (5)           Forty five paise 
not being a DEBENTURE (No. 
27) and not being otherwise  provided for by this Act, or by                                                                                                                            
the Court fees Act, 1870- Where the amount or value secured                                                                                                                                
does not exceed Rs. 10/ 
  Where  is exceeds Rs. 10/— and                                   Eighty-two paise 
         does not exceed Rs. 50/—                                                                                                                                       
  Where it exceeds Rs. 50/- and                             One Rupee sixtyfive paisa                                                                        
   does not exceed Rs. 100/  
  Where  it exceeds Rs. 100/ — and                                 Four rupees and ten paise                                                   
 does not exceed Rs. 200/— 
 
 Description of Instrument Proper Stamp Duty Six 
 
Where it exceeds Rs. 200/—- and Six rupees and twenty 
does not exceed Rs. 300/—  paise 
Where it exceeds Rs. 300/— and Eighty rupees and twenty 
does not exceed Rs. 400/—  five paise 
Where it exceeds Rs. 400/— and Eleven rupees and twenty 
does not exceed Rs. 500/—  paise 
Where it exceeds Rs.500/— and Fourteen rupees and 
does not exceed Rs. 600/—  Ninety paise 
Where it exceeds Rs. 600/— and Seventeen rupees and 
does not exceed Rs. 700/—  thirty five paise 
Where it exceeds Rs. 700/- and Nineteen rupees and 
does not exceed Rs. 800/—-  eighty paise 
Where it exceeds Rs. 800/— and Twenty two rupees and 
does not exceed Rs. 900/—  thirty paise 
Where it exceeds Rs. 900/— and Twenty four rupees and 
does not exceed Rs. 1000/-  seventy five paise 
and for every Rs. 500/-- or part twelve rupees and thirty 
thereof in excess of Rs.1000/—   paise 
 See Administration— Bond 
 (No. 2), Bottomry Bond 
 (No. 16), Customs Bond 
 (No. 26), Indemnity Bond 
 (No. 34), Respondentia Bond 
 (No. 56), Security Bond 
Bond (No. 57) 
 
Exemptions 
Bond, when executed by 
(a) headman nominated under rules framed in accordance with the Bengal Irrigation Act 1876, section 99, for the due performance 
of their duties under that Act; 
(b) any person for the purpose of guaranting that the local income derived from private subscriptions to a charitable dispensary or 
hospital or any other object of public utility, shall not he less than a specific sum per mensem 
16. BOTTOMRY BOND, that is to say,                                                                 The same duty as a Bond  
 any instrument whereby the master                                                                         (No. 15) of such amount  
 of a seagoing ship borrows money 
on the security of the ship to enable  
to preserve the ship or prosecute 
 her voyage. 
 
17. CANCELLATION-Instrument of  
 (including any instrument by which 
  any instrument previously executed  
 is cancelled) if attested and not 
otherwise provided for, See also                                                               Twenty four rupees  and                                                                               
release (No. 55) Revocation of Set 
tlement (No. 58-B) Surrender of                       seventy five paise 
Lease (No. 61), Revocation of trust (No. 64-B) 
 
18. CERTIFICATE OF SALE 
(in respect of each property put up                                                                                                                 
 as a separate lot and sold), granted                                                                                                                 
 to the purchaser of any property                                                                                                                   
 sold by a public auction by a Civil                                                                                                                              
  or Revenue Court, or Collector or                                                                                                                                             
other Revenue Officer 
 
(a) Where the purchase-money                                                                                          Seventy paise  
 does not exceed Rs. 10/— 
 
(b) Where the purchase-money                                                                               One rupee thirty paise  
 exceeds Rs. 10/— but not exceed Rs. 25/ — 
 
(c) in any other case                                                The same duty as a con 
veyance (No.23) for a con 
sideration equal to the   
amount of the purchase  
money only. 
 
19. CERTIFICATE OR OTHER                                     Forty-five paise                                        
   DOCUMENT, evidencing the right 
 or title of the holder thereof or any  
 other person either to any share,  
 script or stock in or of any inco 
 rporated company or other body cor 
 porate or to become proprietor of  
 share, script or stock in or any such  
 company or body. See also Letter  
 of Allotment of shares (No. 36). 
 
20. A CHARTERED PARTY, that is                                                               Four rupees and ninety- 
   to say any instrument (except an                                                                        five paise 
 agreement for the hire of a tug 
 steamer)whereby a vessel or some  
 specified principal part thereof is  
 let for the specified purposes of  the  
 character, whether it includes a 
  penalty clause or not. 
 
22. COMPOSITION-DEED, that is to                                                          Fourty-nine rupees and 
    say, any instrument executed by a                                                                    fifty paise 
 debtor, whereby he conveys his property                                                                                                    
  for  the benefit of his creditors, or 
 Whereby payment of a composition  
 or dividend on their debts is secured  
 to the creditors or whereby  
 provision is made for the continuance 
  of the debtor's business,  
 under the supervision of inspectors 
  or under letters of license, for the  
benefit of his creditors. 
23. CONVEYANCE (as defined by sec 
   tion 2(10) not being a transfer charged 
 or exempted under No. 62 : — 
 Where the amount or value of the                             Four rupees and thirty  
 consideration for such conveyance                            paise                  
  as set forth therein does not exceed  
 Rs. 50/                                                                                       
 Where it exceeds Rs. 50/- but does                                                        Four rupees and fifty paise     
   not exceed Rs. 100/                                                                                                                           
  Where it exceeds Rs. 100/- but                                                               Nine rupees                         
    does not exceed Rs. 200/—                                                                                                               
  Where it exceeds Rs. 200/- but                                                               Thirteen rupees and fifty       
 does not exceed Rs. 300/—                                                                                paise                       
  Where it exceeds Rs. 300/- but                                                                  Eighteen rupees                 
  does not exceed Rs. 400/                                                                                                                    
 Where it exceeds Rs. 400/- — but                                                     Twenty-two rupees               
 and does nut exceed Rs. 500/—                                                                            fifty paise                       
  Where it exceeds Rs. 500/- but                                                                  Twenty seven rupees    
  does not exceed Rs. 600/-                                                                                                             
 Where it exceeds Rs. 600/- but                                                               Thirty one rupees and fifty     
 does nut exceed Rs. 700/—                                                                       paise                                    
 Where it exceeds Rs. 700/- but                                                                Thirty six rupees                  
  does not exceed Rs. 800/                                                                                                                     
 Where it exceeds R.s. 800/- but                                                                 Forty rupees rupees              
 and does not exceed Rs. 900/-                                                                               fifty paise 
 Where it exceeds Rs. 900/- but                                                                     Forty five rupees             
  does not exceed Rs. 1000/— 
      For every Rs. 500/— or part thereof                                                        Twenty two rupees and 
       not excess of Rs. 1000/—                                                                    fifty paise 
      Where it exceeds Rs. 50,000/ — but                                                       Forty nine rupees and fifty 
 does not exceed Rs. 90,000/—                                                                   paise for every one 
                                                                    thousand rupees. 
 Where it exceeds Rs. 90,000/— but                                                       Sixty six rupees and fifty 
 does not exceed Rs. t,50,000/—                                                                   paise for every one 
                                                                    thousand rupees 
 And where it exceeds Rs.                                                                 Eighty two rupees and  fifty 
 1,50,000!—                                                                paise for every one 
                                                                  thousand rupees 
 
 
Provided that where the “instrument” or the conveyance is in respect of an Industrial Loan, certified as such by the Director of 
Industries, Nagaland the stamp duty shall be half of the above rate. 
                               Description of Instrument                             Proper Stamp Duty 
 
 
Exemptions 
Assignment of copyright under the 
Indian Copyright Act, 1957. 
 
CO-PARTNERSHIP-DEED — 
See Partnership (No. 46) 
23. COPY OR EXTRACT 
Certified to be true copy or extract                                                                                                               
 by or order of any public officer                                                                                                                                    
 and not chargeable under the law                                                                                                                                  
 for the time being in force relating                                                                                                                
 to court-fees : — 
(i) if t he original was not charge—                                                               Two rupees and fifty paise  
      able with duty with which it 
   was chargeable does not exceed one rupee; 
(ii)        In any other case not falling                                                                        Four rupees and ninety    
within the provisions of section                                                                   five paise 
      6- A. 
  Exemptions 
 (a) Copy of any paper which a 
  public officer is expressly re 
  quired by law to make or fur 
  nish for record in any public 
  office or for any public pur 
  pose. 
 (b) Copy of, or extract from any 
  register relating to births, hap 
  tisms, namings, dedications, 
  marriages, divorces, deaths or 
  burials. 
24. COUNTERPART OR DUPLICATE                                                                                                   
  of any instrument chargeable with duty and                                                                                                   
  in respect of which the proper duty has been paid : — 
 (a) ‘if the duty with which the                                                            The same duty as is pay- 
  original instrument is charge-                                                          able on the original. 
  able does not exceed two 
  rupees; 
 (b) in any other case not falling                                                            Four rupees and ninety 
  within the provisions of sec-                                                            five paise 
  tion 6-A 
 Exemptions 
Counterpart of any lease granted                                                                                                                   
 to a cultivator when such lease is                                                                                                     
 exempted from duty 
25. Customs Bond 
 (a) where the amount does not                                                             The same duty as a Board 
  exceed Rs. 1,000/—                                                             (No. 15) for such amount 
 (b) In any other case                                                               Thirty three rupees Forty 
                                                                  Paise 
 
 
26.DELIVERY ORDER IN RESPECT OF GOODS, that is to 
say, any instrument entitling any 
 person therein named, or his assigns 
 the holder thereof, to the delivery  
of any goods lying in any dock or port, or 
 in any warehouse in which 
  goods are stored or deposited on 
rent or hire, or upon any wharf,  
such instrument being signed by or  
on behalf of the owner of such goods  
upon the sale or transfer of the  
property therein, when such goods  
exceed in value twenty rupees. 
DEPOSIT OF TITLE DEEDS :—  
See Agreement relating to Deposit 
of Title Deeds, Pawn or Pledge 
 (No. 6) 
DISSOLUTION OF PARTNERSHIP, 
 See Partnership (No. 46) 
 
29. Divorce — Instrument of, that is to                                             Sixteen rupees and fifty 
 say, any instrument by which any      paise. 
person effects the dissolution of  
his marriage. 
DOWER — Instrument of, see Settlement. (No. 58) 
Sixteen rupees and fifty paise. 
DUPLICATE —See Counterpart (No. 25). 
1. EXCHANGE OF PROPERTY,                                                                                 The same duty as a Con 
      Instrument of                                                                   veyance (No 23) for a con 
                                                                   sideration equal to the 
                                                                   value of the property of 
                                                                   greatest value as set forth 
                                                                   in such instrument 
  EXTRACT —See Copy (No. 24) 
32. FURTHER CHARGE —Instru 
  ment of, that is to say, any instrument 
  imposing a further charge on 
  mortgaged property — 
(a)  When the original mortage is                                                                   The same duty as a Con 
 one of the description referred                                                                    veyance (No. 23) for con 
 to in clause (a) of Article 40                                                                   sideration equal to the 
 (that is with possession);                                                                   further charge secured by 
                                                                     such instrument. 
 (b) when such mortgage is one of 
  the description referred to in 
  clause (b) of Article No.40 (that 
  is with — Out procession) — 
 (i) if at time the of execution of                                              The same duty as a Con- 
  the instrument of further                                                         veyance(No.23)for a con 
  charge possession of the                                                          sideration equal to the 
  property is given or agreed to       total amount of the charge 
  be given under such instru-                                                            (including the original 
  ment;                                                            mortgaged and any further 
                                                              charge already made), less 
                                                              the duty already paid on 
                                                              such original mortgage 
                                                              any further charge. 
 
 (ii) if possession is not so given.                                                            The same duty as a bond 
                                                              (No. 15) for the amount 
                                                              of the further charge 
                                                              secured by such Instru 
                                                              ment. 
 
33. GIFT—Instrument of not being a                                                            The same duty as a Con 
  Settlement (No.58) or will or Trans-                                                           veyance (No.23) for a con 
  fer (No. 62)                                                          sideration equal to the value 
                                                         of the property as set forth 
                                                          in such instrument. 
 
  HIRNG AGREEMENT, or agree-                                                         The same duty as a 
  ment for service, See Agreement                                                         Security Bond (No.57) for 
  (No. 5)                                                          the same amount. 
34. INDEMNITY BOND INSPEC 
  TORSHIP DEED, See Composi 
  tion Deed (No.22) 
35. LEASE, including an underlease and 
  any agreement to let or sublet — 
   (a) where by such lease the rent 
      is fixed and no premium is 
paid or delivered — 
 (i) where the lease purports to be                                                       The same duty as Bond 
  for a term of less than one                                                        (No,15) for the whole 
  year;                                                        amount payable or 
                                                         deliverable under such 
                                                         lease 
 
(ii.) where the lease purports to be                                                         The same duty, as a Bond 
 for a term of not less than one                                                        (No. 15) for the amount 
 year but not more than five                                                           or value of the average 
 years;                                                            annual rent reserved. 
 
 (iii) where the lease purports to be                                                      The same duty as a Con- 
 for a term exceeding five years                                                      veyance (No. 23) for a con- 
 and not exceeding ten years;                                                     sideration equal to the 
                                                      amount or value of the 
                                                       average annual rent 
                                                        reserved. 
 
 (iv) where the lease purports to be                                           The same duty as a con- 
 for a term exceeding ten years,                                                     veyance (No. 23) for a con 
 but not exceedingtwentyyears;                                                     sideration equal to twice 
                                                    the amount or value of the 
                                                   average annual rent 
                                                   reserved. 
 
(vi) where the lease purports to be                                                  The same duty as a Con- 
 for a term exceeding twenty                                                 veyance (No.23) for a con- 
 years; but not exceeding thirty                                                sideration equal to three 
 years                                                   times the amount or value 
                                                 of the average annuals rent 
                                                reserved. 
 
 (vi) where the lease purports to be                                               The same duty as a Con- 
 for a term exceeding thirty                                                veyance (No. 23) for a con- 
 years, but not exceed one                                               sideration equal to four 
 hundred years;                                           times the amount or value 
                                                of the average annual rent 
                                                reserved. 
 
 (vii) where the lease purports to be                                              The same duty as a Con- 
 for a term exceeding one                                              vence (No. 23) for a con- 
 hundred years or in per-                                            sideration equal in the 
 petulity;                                             case of a lease granted 
                                            solely for agricultural pur 
                                             poses to one-tenth and in 
                                             any other case to one sixth 
                                             of the whole amount of 
                                              rents which would he paid 
                                            or delivered in respect of 
                                            the first fifty years of the 
                                             lease. 
 
(viii) where the lease does not pur-                                                   The same duty as a Con-              
 port to be for any definete                                                                  veyance(No.23)for a con- 
  term;                                                   sideration equal to three 
                                                            times the amount or value 
                                                              of the average annual rent 
                                                                which would be paid or 
                                                                 delivered for the first ten 
                                                                 years if the lease con 
                                                                  tinued so long.  
 
 (b) where the lease is grante4 for                                                               The same duty as a Con- 
  a fine or premium or for money                                                          veyance (No. 23) for a con- 
  advanced and where no rent                                                           sideration equal to the 
  is reserved;                                                           amount or value of such 
                                                             fine or premium or ad 
                                                            vance as set forth in the 
                                                              lease. 
 
 (c) where the lease is granted for                                                         The same duty as a Con- 
  a fine or premium, or for                                                         veyance(No.23)foracon- 
  money advanced, in addition                                                          sideration equal to the 
  to rent reserved,                                                         amount or value of such 
                                                            fine or premium, or ad 
                                                            vance as set forth in the 
                                                            lease in addition to- the 
                                                            duty which would have 
                                                         been payable on such lease 
                                                        if, no fine or premium or 
                                                         advance had been paid or 
                                                         delivered.: 
 
Provided that in any case when an agreement to lease is stamped with the- ad valorem stamp required for a lease and a 
lease inpursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee and thirty 
paise. 
 
Exemption 
 Lease executed in the case of a  
 cultivator and for the purpose of 
  cultivation (including a lease of trees 
  for the production of food or drink),  
 without the payment or delivery of  
  any fine or premium, when a definite 
 term is expressed and such term 
     does not exceed one year, or when                                                                                                                
     the average annual rent reserved                                                                                                                  
     does not exceed one hundred rupees. 
     In this exemption a lease for the                                                                                                            
     purposes of cultivation shall include                                                                                                               
     a lease of lands for cultivation together                                                                                                     
     with homestead or tank. 
 EXPLANATION—                                                                                           
 When a lessee undertakes to pay any recurring                                                                                                          
 charge, such as Government 
 revenue the landlord’s share  
of cases, or the owner’s share  
of municipal rates of taxes which is                                                                                                     
 by law recoverable from the lessor, the amount                                                                                             
 so agreed to be paid by the lessee shall he                                                                                                 
deemed to he part of the rent. 
 
 
 
 
36. LETTER OF ALLOTMENT OF                                                      Forty-five paise                 
    SHARES, in any company or 
 proposed company, or in respect                                                                                                                     
  of any loan to he raised by any company 
       or proposed company. See also CERTIFICATE                                                                                               
       or other document (No. 19). 
 
38. Letter of License, that is to say, any                                               Thirty-three rupees                        
   and agreement between a debtor and                                                            eighty paise. 
 his creditors that the latter shall, for a                                                                                                      
 specified time suspend their claims and                                                                                                    
  allow the debtor to carry on business at his own discretion. 
 
39. MEMORANDUM OR ASSOCIATION OF A COMPANY :— 
(a) if accompanied hy articles of                                                                      Ninety-nine rupees.   
  association under Section 26 
        of the Companies Act, 1956; 
(b) if not so acompanied — 
(i) where the nominal snare                                                                 Two hundred forty seven 
capital does not exceed One                                                            rupees and fifty paise. 
lakh of rupees; 
(ii) where the nominal share                                                               Four hundred twelve                
capital exceeds one lakh of                                                                   rupees and fifty paise. 
 rupees. 
 
Exemption 
Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act 1965. 
40. MORTGAGE DEED, not being an Agreement relating to Deposit of Title-deeds, Pawn or Pledge (No. 
6). Bottomry Bond (No. 16). Mortgage of a Crop (No. 41) Respondentia Bond (No. 56), or 
 Security Bond (No. 57)— 
 
 (a) when possession of the proper-                                    The same duty as a Con 
  ty or any part of the property                                                veyance (No. 23) for a con 
  comprised in such deed is given                                               sideration equal to the 
  by the mortgagor or agreed to                                         amount secured by such 
  he given;                                                  deed. 
 
 (b) when possession of the proper-                                The same duty as a Bond 
  ty comprised in such deed is                                              (No. 15) for the amount 
  not given by the mortgagor nor                               secured by such deed. 
  agreed to he given; 
 EXPLANATION :—A mortgagee 
 a who gives to the mortgaged a 
 power-of-attorney to collect rents 
 or a lease of the property mortgaged 
 or part thereof is deemed to give 
 possession within the meaning of 
 this article; 
 (c) (i) when a collateral or auxiliry                           Two rupees and fifty paise. 
  or additional or substituted 
  security, or by way of further 
  assurance for the above men 
  tioned purpose where the prin 
  cipal or primary security is duly 
  stamped for every sum secured 
  not exceeding Rs. 1,000 
 
 
 (ii) and for every Rs. 1,000 or part                                                               Three rupees. 
thereof secured in excess of 
Rupees 1,000’ 
    Exemptions 
 (1) Instruments executed by per 
  sons taking advances under the 
  Land Improvement Loans Act, 
  1883, or the Agriculturtsts’ 
  Loans Act, 1884, or by their 
  sureties as security for the 
  repayment of such advance. 
 (2) Letter of hypothecation ac 
  companying a bill of exchange.. 
41. MORTGAGE OF A CROP,: including                                                                                                        
 any instrument evidencing an agreement                                                                                                         
 to secure the repayment of a loan made                                                                                                     
  upon any mortgage of a crop, whether the                                                                                                    
 crop is or is not in existence at the time of the mortgage. 
 
(a) when the loan is repayable not                                                                Forty-five paise                              
  more than three months from             
  the date of the instrument —for every sum secured                                                                                    
    not exceeding Rs. 200; and for every Rs. 200,                                                                                               
   or part thereof secured in excess of Rs. 200. 
 
(b)  when the loan is repayable                                                                     Sixty paise.                                         
  more than three months, but 
 not more than eighteen months from                                                                                                          
  the date of instrument — 
 for every sum secured not ex-                           Seventy paise.                         
 ceeding Rs. 100; and 
  for every Rs. 100, or part there                                                                Seventy paise. 
  of secured in excess of Rs 100. 
42. NOTARIAL ACT, that is to say, any instrument,                                                                    
  endorment, note, attestation, certificate, or                                                                                                   
 entry not, being a PROTEST (No. 50 made or signed                                                                                   
  by a Notary Public in the execution of the duties of                                                                                      
  his office or by any other person lawfully acting                                                                                            
  as a Notary Public. See also 
                Protest of Bill or Note (No. 50).                                                 Four rupees and ninety 
                                                  five paise. 
43. NOTE OR MEMORANDUM, 
  sent by a Broker or Agent to his 
  principal intimating the purchase 
or sale on account of such principal— 
 (a) of any goods exceeding in value                                           Eighty paise. 
  twenty rupees; 
 (h) of any stock or marketable                                                Ninety paise for every Rs. 
  security exceeding in value                                              5,000 or part thereof ot 
  twenty rupees.                                                                   the value of the stock as 
                                                                                            security subject to a max 
                                                                                           imum of forty-nine 
                                                                                            rupees and fifty paise. 
 
44. NOTE OF PROTEST BY THE                                  Three rupees and thirty 
  MASTER OF A SHIP —                                 paise. 
  See also Protest by the Master of 
  a Ship (No. 51) 
  ORDER FOR THE PAYMENT 
  OF MONEY See Bill of exchange 
  (No. 13). 
45. PARTITION—Instrument of (as The same duty as a Bond 
  defined by section 2 (15). (No. 15) for the amount 
 of the value of the 
 separated share or shares 
 of the property. 
 N.B. —. The largest share 

Excerpt shown. Open the full act in Lexace.

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