The Indian Stamp Act
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THE INDIAN

STAMP ACT, 1899

[ACT II OF 1899]

(27th January, 1899.)

(As applicable in Andhra Pradesh)

An Act to consolidate and amend the Law Relating to Stamps

Whereas it is expedient to consolidate and amend the law relating to stamps; It is hereby enacted as follows:—

Chapter I

Preliminary

1. Short title, extent and commencement:— This Act may by be called  the Indian  Stamp Act, 1899.

'[(2) It extends to the whole of India except the State of Jammu and  Kashmir:

Provided that it shall not apply to -[ the territories which, immediately before the 1st November, 1956, were comprised in Part B States] (excluding the State of Jammu and Kashmir "(and the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956]) except to the extent to which the provisions of this Act relate to rates of stamp duty in respect.of the documents specified in Entry 91 of List I in the Seventh Schedule to the Constitution.}

(3) It shall come into force on the first day of July, 1899.

2. Definitions :- In this Act, unless there is something repugnant in the subject or context,—

(1)    Banker-:— "Banker" includes a bank and any person acting as a banker;

(2)    Bill of exchange:— "Bill of exchange"  means a bill of exchange as defined by the    Negotiable Instruments Act 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether   named   therein   or not, to payment by any other  person  of, or to draw upon any other person for, any sum of money;

1.    Substituted by Central Act XLIIl of 1955.

2.    Substituted by Adaptation of Laws (No. 2) Order, 1956.

3.    Added by A. P. Act XIX of 1959.

 

(3)    Bill of exchange payable on demand:—   "Bill   of exchange payable on demand" includes—

(a)    an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out  of any particular fund, which may or may not be available or upon any condition or contingency,  which may or may not be performed or happen;

(b)    an order for the payment of any  sum of money weekly, monthly or at any other stated period; and

(c)    a letter of credits that is to say, any instrument by which one parson authorizes another to give credit to the person in whose favour it is drawn;

(4)    Bill   of lading:-   "Bill   of   lading"   includes a "through bill of lading” but does  not  include a mate's receipt;

(5)    Bond :-   "Bond" includes—

(a)    any instrument whereby a person  obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed,  or is   not performed, as the case may be;

(b)    any instrument, attested by a witness and not payable to order or bearer, whereby a person  obliges himself to pay money to another; and

(c)    any   instrument  so   attested,   whereby  a  person obliges himself to deliver grain  or other agricultural produce to another;

(6)    Chargeable :-   "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 instrument, chargeable under the law  in force in '{India] when such instrument was executed or where   several persons executed the instrument at different times, first executed;

(7)    Cheque:-   "Cheque" means a bill exchange drawn on a specified banker and not expressed to be payable otherwise than on demand;

1.    Substituted by Central Act XLIII of 1955.

(8)

(9)

 Collector:-   "Collector"—

(a)    means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and, without those limits of the Collector of a district; and

(b)    includes a  Deputy Commissioner and any officer whom the -2[State Government]  may, by  notification in the Official Gazette, appoint in this behalf;

(10)    Conveyance:—   "Conveyance" includes a conve­yance on sale and every instrument by which property,  whether movable or immovable, is transferred inter vivos and which is not otherwise   specifically    provided   for  by  Schedule  I  3[or  by Schedule I-A, as the case may be],

(11)    Duly stamped:—   "Duly  stamped"  as  applied to an instrument, means  that  the  instrument bears an adhesive or impressed stamp of not less 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 4[India].

(12)    Executed    and    execution:—   "Executed"    and "execution" used with  reference to  instruments; mean "signed" and "signature".

(13)    Impressed   stamp:—   "Impressed   stamp"   in­cludes—

(a)    labels affixed and impressed by the  proper officer, and

(b)    stamps embossed or engraved on stamped paper.

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1.    Omitted by Adaptation Order, 1937.

2.    Substituted by Adaptation Order. 1950.

3.    Added by A, P. Acu VI of 1922.

4.    Substituted by Central Act XLIII of 1955.

5.    Inserted by Adaptation Order,  1937 and omitted by Adaptation Laws Order, 1950.

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'[(13-A) "India" means the territory of India excluding the State of Jammu and Kashmir];

(14)    Instrument:—   "Instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished, or recorded;

(15)    Instrument   of    partition:—     "Instrument   of partition" means any  instrument  whereby  co-owners of any property divide or agree to divide such property in severally, and includes also a final order for effecting a partition passed by any revenue authority' or any Civil Court and an award by an arbitrator directing a partition;

(16)    Lease:—   "Lease" means a lease of immoveable property, and includes also-

(a)    a patta;

(b)    a cultivator other undertaking  in writing, not being a counterpart of a lease to cultivate, occupy or pay or deliver rent for immoveable property;

(c)    any instrument by  which tolls of any  description are let;

(d)    any writing on an application for a lease intended to signify that the application is granted;

2[(16-A) Marketable security:— "Marketable security" means a security of such a description as to be capable of being sold in any stock market in 3[India] or in the United Kingdom;]

(17)    Mortgage   deed :—   "Mortgage-deed"   includes every instrument whereby, for the purpose 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;

1.    Inserted by Central Act XLI1I of 1955.

2.    Inserted by Central Act XV of 1904.

3.    Substituted by Central  Act XL1I1 of 1955.

 

(18)   Paper:—   "Paper includes" vellum,   parchment or any other material on which an instrument may be written;

(19)   Policy   of  insurance:

includes—

 Policy of insurance

(a)    any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event;

(b)    a life policy and any  policy insuring any person against accident or sickness and any other personal insurance ;

3[(19-A) 'Policy of group insurance' means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in con­sideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical enumeration and for the sole benefit of persons other than the employer, the lives of all the employees, or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which recludes individual selection ];

(20) Policy of sea- insurance or sea-policy:— "Policy of sea-insurance" or "sea-policy"—

(a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackel or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured, in, or relating to, any ship or vessel; and

- - -

1.    Omitted by Central Act V of 1906.

2.    Repealed by Central Act V of 1906.

3.    Inserted by Central Act XLII1 of 1955.

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(b) includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit io the ultimate destination covered by the insurance;

Where any person in consideration of any sum of money  paid  or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance ;

(21)    Power of   attorney;—    "Power   of    attorney" includes any instrument (not chargeable with a fee under the {aw 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:

(22)    Promissory, note:—    "Promissory   note"   means a promissory note as defined by the Negotiable instruments Act, 1881;

it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen ;

(23)    Receipt:—   '"Receipt" includes any note,  memorandum or writing-

(a)   whereby any  money,  or  any   bill   of   exchange, cheque or promissory note  is    acknowledged   to   have   been received, or

(b)    whereby  any  other  movable property is acknowledged to have been received in satisfaction of a debt, or

(c)    whereby any debt or demand, or any part of a debt or demand Is acknowledged to have been satisfied or discharged, or

(d) which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person '[............]

(24) Settlement;— "Settlement" means any non-testamentary disposition in writing, of movable or immovable property 2[ whether by way of declaration of trust or otherwise] made—

(a)   in consideration of marriage;

(b) for the purpose of distributing property of the settler among his family or those for whom ha desires to provide, or for the purpose of providing for same person dependent on him, or

(c)   for any religious or charitable purpose: and includes an agreement in writing to make such a disposition 3[ and where any such disposition has not been made in  writing, any   instrument  recording,  whether   by   way of  declaration of trust or otherwise, the terms   of any such disposition] [. ......]

5[(25) Soldier:— "Soldier" includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act, 1911.]

(26)  [............]

Chapter   II

STAMP   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 that schedule as the proper duty thereof respectively, that is to say :—

- - -

1.    Omitted by Central Act XVIII of 1928.

2.    Inserted by A. P. Act 20 of 1974,

3.    Added by Central Act XV of 1904.

4.    Omitted by Adaptation Order, 1950,

5.    Inserted by Central Act XVIII of 1928.

6.    Omitted by Central Act XllI I of 1955.

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(a)   every instrument mentioned in that schedule which, not having been previously executed by any person, is executed in '[India] on or after the first day of July, 1899;

(b)    every bill of exchange -[payable otherwise than on demand] 3[............] or promissory note drawn or made out of

1[India] on or  after  that  day  and  accepted   or   paid,  or presented for acceptance or payment,   or endorsed, transferred or otherwise negotiated in '[India]; and

(c)   every  instrument (other than a bill of exchange

3[.........] or promissory note) mentioned in that schedule which not having been previously executed by any person is executed out of [India] on or after that day relates to any property situate or to any matter or thing done or to be done in '[ India, and is received in '[India]:

4[ Provided that, except as otherwise expressly provided in this Act, and notwithstanding anything contained in clause (a) or (c) of this section or in Schedule 1, the amount indicated in Schedule l-A shall, subject to the exceptions contained in that schedule, be the duty chargeable on the following instruments]:

(aa) every instrument, mentioned in Schedule I-A as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed in the State of Andhra Pradesh on or after the 1st day of April, 1922;

(bb) every instrument, mentioned in Schedule I-A as chargeable with duty under that Schedule, which not having been previously executed by any person, is executed out of the State of Andhra Pradesh on or after the 1st day of April, 1922, and relates to any property situated or to any matter or thing done or to be done in the said State and is received in the said State.]

Provided 4[also] that no duty shall be chargeable in respect of—

- - -

1.    Substituted by Central Act XLIII of 1955.

2.    Added by Central Aot V of 1927.

3.    Omitted by Central Act V of 1927.

4.    Added by A. P. Act VI of 1922 and XIX of 1959.

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 (1) any instrument executed by or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument;

(2) any instrument for the sale, 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 Merchant Shipping Act, 1894 or under Act XIX of 1838, or the Indian Registration of Ships Act, 1841, as amended by subsequent Acts.

4. Several instruments used in single transaction of sale, mortgage or settlement.:— '[(I) Where, in the case of any sale, 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 or in Schedule 1-A as the case may be for the conveyance, mortgage or settlement and each of the other instruments shall be chargeable with a duty of one rupee or -[five rupees] instead of the duly (if any) prescribed for it in Schedule I, or in Schedule I.-A as the case may be].

(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:

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.

5.. Instruments relating to several distinct matters:— Any instrument comprising or relating to several distinct matter shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act.

6. Instruments coming within several descriptions in Schedule I or in Schedule I-A as the case may be:3 [ Subject to the provisions  of-the last preceding

- - -

1.    Substituted by A  P. Acts  of 1922, XIX of 1959, and X of 1967.        

2.   Substituted by A. P. Act 20 of 1974.

3.    Substituted by A. P. Acts VI of 1922, XVI of 1943, XIX of  1959,  and Xof 1967

- - -

section an instrument so framed as to come within two or more of the descriptions in Schedule I, or in Schedule I-A as the case may be, shall where the duties chargeable there under are different be chargeable only with the highest of such duties:

Provided that nothing in this Act contained shall render chargeable with duty exceeding '[five rupees] a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid)].

7-   Policies of sea-insurance:—    (1)    2[........].

(2)    2 [.........]

(3)   2 [.........]

(4)    Where any sea-insurance is made for or upon a voyage and also  for time, or to extend to or cover any time beyond  thirty days after  the ship shall  have arrived at her desiination and boen there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time.

8. Bonds, debentures or other securities issmd on loane under Act XI of 1879:— (I) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1879, or of any other law for the time being in force, by the issue of bonds, debentures or other securities shall in respect of such loan, be chargeable with a duty of 3[one per centum] on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other 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, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the  bonds, debentures or other  securities  of all outstanding

- - -

1.    Substituted by A. P. Act 20 of 1974.

2.    Repealed by the Marino, Insurance Act 19C3 (Central Act XI of 1963)

3.    Substituted by Central. Act, VI of 1910.

- - -

loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid whether the same are stamped or not:

Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when such duly has not already been paid or remitted by order issued by the Central Government.

(3) In the case of willful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the Government a sum equal to ten parcentum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues.

9.    Power to reduce,  remit  or compound duties:-   '[(1)

The    2[..........]   3 [Government]    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 4 [ the  territories under  its administration] the duties with which any instruments or any particular class of instruments, or any of the instruments  belonging to such class, or any instrument 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   debentures,  bonds or other   marketable securities. ]

1 [ (2) In this section the expression 'the Government' means —

(a)   in relation to stamp duty in  respect of bills of exchange, cheques, promissory notes, bills of lading, letters of

- - -

1.    section  was renumbered as  sub  section (1) of that section  and aufa section (2) was  added by Adaptation Order , 1950

2.    Omitted by Adaptation Order, 1950.

3.    Substituted by Adaptation Order 1950.

4.    Substituted  by Adaptation Order,1937,

- - -

credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stamp duty chargeable under this Act and falling within entry 96 in List I in the Seventh Schedule to the Constitution, the Central Government;

(b)   Save as aforesaid, the Slate Government]. 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 any instruments 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 rule direct.

(2)   The rules 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;

(c)    in the case of bills of exchange or promissory notes

2[..................]-----the size of  the paper on  which they are written.

11, Use of adhesive stamps:- The following instruments may be stamped with adhesive stamps, namely :-

(a)    instruments chargeable 3[wiih a duty not exceeding 4[Twenty] nave paise], except pans of bills of exchange payable otherwise than on demand and drawn, in sets;

(b)    bills of exchange,   5[.........] and promissory notes drawn or made, out of   6[India];

1.    Substituted by Adaptation Order, 1950

2.    Omitted by Central Act XL11I of 1955.

3.    Substituted by Central Act XIX of 1958.

4.    Substituted by A. P. Act X of 1967.

5.    Omitted by Central Act V of 1927.

6.    Substituted by Central Act X.L111 of 1955.

 

(c)   entry as an advocate, vakil or attorney on the roll of a High Court;                                                              

(d)    notarial acts; and

(e)    transfers by endorsement of shares in any incorporated company or other body corporate.

12. Cancellation of adhesive stamps :- (I) (a) Who ever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such sumps, cancel the same so that it cannot be used again; and

(b) whoever executes any instrument or any paper bearing an adhesive stamp, shall at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again.

(2)    Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be  used again,  shall so far as such stamp  is concerned,  be  deemed   to   be unstamped.

(3)    The person required  by  sub-section (I) to cancel an adhesive stamp  may cancel it by  writing  on  or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.

13.. Instruments stamped with impressed stamps how to be written :- Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.

1 4 Only one instrument to be on same stamp :- No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written:

Provided that noting in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.

15. Instrument written contrary to section 13 or 14 deemed unstamped;- Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.

 Denoting duty :- Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned instrument, by endorsement under the hand of the  Collector or in such other manner (if any) the 1[State Government] may by rule prescribe.

C:— Of the time of stamping Instruments

17. Instruments executed in India :- All instru­ments chargeable with duty and executed by any person in -'[India] shall be stamped before or at the time of execution.

18.  Instruments other than bills and notes executed cut of  2[ India) :-   (1) Every instrument  chargeable with duty executed only out of  2[India] and not being a bill of exchange, 3[.........]

or promissory note, may be stamped within three months after it has been first received in -2[India],

(2) Where any such instrument cannot, with reference to the description of -stamp prescribed therefor, be duly stamped by a private person, it maybe taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the 1[State Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.

19. Bills and notes drawn out of the India:— The first holder in -[India] of any bill of exchange, 4[Payable otherwise than on demand] 3[.........] or promissory note drawn or

1.    Substituted by Adaptation Order, 1950.

2.    Substituted by Central Act XLIU of 1955.

3.    Omitted by Central Act V of 1927.

4.    Added by Central Act V of 1927.

made out of 1[Iadia] shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in 1[India], affix thereto the proper stamp and cancel the same:

Provided that,—

(a)    if, at the time any such bill of exchange, 2 [.........]

or note comes into the hands of any  holder thereof in 1[ India ], the proper adhesive stamp is  affixed  thereto and cancelled in manner prescribed by section 12 and such holder has  no  reason to believe that such stamp was affixed  or cancelled otherwise than by the person and at the time required  by  this  Act,  such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled;

(b)    nothing contained in this proviso  shall relieve any person from any penalty incurred by him for omitting  to affix or cancel a stamp.

3[19-A  Payment  of duties on certain instruments liable to increased duty under clause (bb) of section 3:— Where any instrument (other  than the one in respect of the documents specified in entry 91 of List I in the Seventh Schedule to the Constitution) has become chargeable in any part of India other than the Slats of Andhra Pradesh with duty under the stamp law in force in that part and thereafter becomes chargeable with a higher rate of duty in the said State under clause (bb) of the first proviso to section 3 —

(i) notwithstanding anything in the first proviso to section a 3, the amount of duty chargeable on such instrument shall be the amount chargeable on it under Schedule I-A less the amount of duty, if any. already paid on it in that part;

(ii) in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on

- - -

1. Substituted by Central Act XL1I1 of 1955.

2. Omitted by Central Act V of 1927.

3.Inserted by A. P. Act VI of 1922 and subsequently substituted by Adaptation Laws Order 1950, A. P. Adaptation Laws Order, 1957 A. P. Act XIX of 1950 and A. P. Act XX of 1974.

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it. under clause (i) in the same manner and at the same time and by the same persons as though such instrument were an instrument received in India for the first time at the time when it became chargeable with the higher duty ; and

(iii) the provisions contained in clause (b) or clause (c). as the case may be, of the proviso to sub-section (3) of section 32 shall, with the necessary modifications, apply to such instrument, but the provisions contained in clause (a) of the said proviso shall not apply there to];

        D:-   Of Valuations for Duty

20. Conversion of amount expressed in foreign currencies:- (1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of l[India] such duty shall be calculated on the value of such money in the currency of '[India] according to the currant rate of exchange on the day of the date of the instrument.

(2) The Central Government may, from time, by notification in the Official Gazette, prescribe a rate of exchange for the conversion of British of any foreign currency into the currency of '[India] for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the purposes of sub-section (1).

      21     Stock and marketable  securities how to be valued:-

Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.

22. Effect of statement of rate of exchange or average price:- Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement it shall so far as regards the subject-matter of such statement  be presemed until the contrary is proved, to be duly stamped.

- - -

1.    Substituted by Central  Act XLIII of 1955.

- - -

23. Instruments reserving interest:— Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.

23-A. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements:— (I) Where a n instrument (not being a promissory  note or bill of exchange)—

(a)    is given upon the occasion of the deposit of any marketable security by way of security for money advanced  or to be advanced by way of loan, or for an existing or future debt; or

(b)    makes   redeemable   or  qualifies a duly   stamped transfer, intended as a security, of any marketable security,

it shall be chargeable with duty as if it ware an agreement or memorandum of an agreement chargeable with duty under 2[Article No. 5 (c)] of Schedule 1 ![or Article No. 5 (c) of Schedule I-A as the case may be].

(2)   A release or discharge of any such instrument shall only be chargeable with the like duty.

24. How transfer in consideration of debt, or subject to future payment, etc., to be charged :- Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or encumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration 4[and the transfer is chargeable with ad valorem duty, in respect of the said consideration or the market value of the property transferred, which every is higher]:

- - -

1.    Added by Central  Act XV of 1904

2.    Substituted  by Central  Act 1 of 19l2.

3.    Inserted by A. P. Acts VI of 1922, and subsequently  substituted by A. P. Acts Vl of 1923 and XIX of 1959.

4.    Substituted by A. P. Act XXII of 1971.

- - -

Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I  1[or Article 16 of Schedule I-A as the case may be.]

Explanation:- In the case of a sale of property subject to a mortgage or other encumbrance, any unpaid mortgage-money or money charged, together with the interest (if any) duo on the same, shall be deemed to be part of the consideration for the sale:

Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage.

 Valuation in case of annuity, etc.:— Where an instrument is executed to secure the payment of an annuity or other sum payable periodically or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall for the purposes of this Act, be deemed to be,—

(a)    where the sum is payable for a definite  period  so that the total amount to  be paid can be previously ascertained----- such total amount;

(b)    where the sum is payable in  perpetuity  or  for  an indefinite time not terminable with any life in being at the  date of such instrument or conveyance—the total amount which, according to the terms of such instrument or conveyance, will or may ba payable during the period of twenty years calculated from the date on which the first payment becomes due; and

(c)    where the sum is payable for an   indefinite   time terminable with any life in being at the date   of such instrument or conveyance-----the maximum amount which will  or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.

- - -

1.    Added by A. P. Acts VI of 1922 and XIX of 1599.

2.    The illustrations under this section   were  omitted by A. P. Act XXII of 1971.

- - -

Stamp where value of subject-matter is indeterminate:— Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have bean ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more- than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have bean sufficient:

2 [Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty,

(a)    when the lease has been granted by or  on   behalf of the  2[Government]    at such amount or value as the Collector may, having regard to all the circumstances of the case,  have estimated as likely to be payable by way of royalty or share   to the   2[Government]    under the lease, or

(b)    when the lease   has been   granted   by  any   other persons, at twenty thousand rupees a year;

and the whole amount of such royalty or share, whatever it may, be shall be claimable) under such lease: ]

Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of the execution.

27.  Facts affecting duty to be set forth in instrument:3[The consideration, if any the market value of the property] and all other facts and circumstances affecting the chargeability of any instrument with auty, or the amount of the duty with which it is chargeable, shall be fully and truly set  forth therein,

- - -

1.    Substituted by Central Act XV of 1904.

2.    Substituted by Adaptation Order, 1950.

3.    Substituted by A. P. Act XXII of 1971.

- - -

28- Direction as to duty in case of certain conveyances :-(1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit:

'[Provided that a distinct consideration for, and the market value of, each separate part are set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of the distinct consideration for, or the market value of, each such part,  whichever is higher].

(2)    Where property contracted to be purchased for one consideration for the whole by two or more persons jointly,  or by  any  person  for himself and others, or wholly for others, is conveyed in parts by separate instruments to tha persons  by or for whom  the same was  purchased, for distinct  pans of  the consideration, the conveyance of each separate part  shall  be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified  [or the market value of such separate part, whichever is higher ].

(3)    Where a person, having contracted for the purchase of any property but not having obtained a conveyance  thereof, contracts to sell the same to any other person and the  property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable  with ad valorem duty in  respect of the consideration for the  sale by  the original  purchaser  to the sub-purchaser -[or the market value 5 of the property, which ever is higher].

(4)    Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any  part   thereof,  to any   other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser, shall   be chargeable  with  ad valorem duty in respect only of the consideration paid by such

- - -

1.    Substituted by A. P. Act XXII of 1971.

2.    Added by A. P. Act XXII of 1971.

- - -

sub-purchaser '[or the market value of such part, whichever Is higher] without regard to the amount or value of the original consideration, and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchasers '[or the market value of such residue, which ever is higher]:

Provided that the duty on such last-mentioned conveyance shall in no case be less than 2[five rupees],

(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him which is chargeable with ad valorem duty in respect of the consideration paid by him 1[or the market value of the property which is the subject matter of the conveyance, whichever is higher] and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a, conveyance for the consideration obtained by such original seller, [or the market value of such property, whichever is higher] or, where such duty would exceed -[fifteen rupees], with a duty of 2[fifteen rupees].

E:-   Duty by whom payable

 Duties by whom payable:— In the absence of an agreement to the contrary the expense, of providing the proper stamp shall be borne,—

(a) in the case of any instrument described in any of the following articles of Schedule I, 3[or the corresponding articles of Schedule 1-A, as the case may be] namely :—

No.   2   (Administration Bond)

No.   6   4[Agreement relating to Deposit of Title-deeds, Pawn or Pledge. ]

- - -

1.     Inserted by A. P. Act XXII of 1971.

2.    Substituted by A. P. Act XX of 1974.

3.    Inserted by A. P. Acts VI of 1922 and XIX of 1959.

4.    Substituted by Central Act XV of 1904.

- - -

No. 13   (Bill of Exchange)

No. 15   (Bond)

No. 16   (Bottomry Bond)

No. 26   (Customs Bond)

No. 27   (Debenture)

No. 32   (Further Charge)

No. 34   (Indemnity Bond)

No. 40   (Mortgage Deed)

No. 49    (Promissory Note)

No. 55   (Release)

No. 56   (Respondentia Bond)

No. 57   (Security Bond or Mortgage-Deed)

No. 58   (Settlement)

No. 62 (a) (Transfer of shares in an incorporate! company or other body corporate)

No. 62 (b) (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not except debentures provided for by section 8)

No. 62 (c) (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance) -----by the person drawing making or executing such instrument:

1[(b)   in  the case of a policy  of insurance other than fire-insurance-----by the person affecting the insurance:

(bb)    in the case of a policy of fire-insurance-----by

the person issuing the policy;]

(c)    in the case of a conveyance (including a re-conveyance of mortgaged property;-----by the grantee; in the case of a lease or agreement to lease —— by the lessee or intended leasee;

(d)    in the case of a counterpart  of a lease-----by the lessor;

1.   Substituted by Central  Act V of 1906.

(e)    in  the case of an instrument of exchange the parties in equal shares ;

(f)    in  the case of certificate of sale-----by the  purchaser of the property to which such  certificate relates;  and

(g)    in the case of an  instrument of partition-----by the parties thereto in proportion to their respective shares in the whole properly partitioned,  or, when the partition is made in execution of an order  passed by a Revenue authority or Civil Court or arbitrator in  such proportion as such authority, Court or arbitrator directs.

30.  Obligation to give receipt in certain cases :— Any person receiving any money exceeding twenty rupees in amount or any bill of exchange, cheque or promissory note, for an amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any raoveabie property exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same.

'[Any person receiving or taking credit,for any premium or consideration for any renewal of any contract of fire insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same].

Chapter III

Adjudication as to Stamps

31  Adjudication as to proper stamp:— (1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable and pays a fee of such amount, -[ not exceeding fifteen rupees and not less that) five rupees)] as the Collector may in each case direct, the  Collector shall determine the duty (if any )with which, in his judgment, the instrument is chargeable.

- - -

1.    Added by Central  Act V of 1906

2.    Substituted by A. P. Act XX of 1974.

- - -

(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the charge ability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly:

Provided that, —

(a)    no evidence furnished in pursuance of this  section shall be used against any person in any civil proceeding,  except in an enquiry as to the duty with which the instrument to which it relates is chargeable; and

(b)    every person   by   whom   any   such   evidence is furnished shall, on payment of the full duty with which  the instrument to which it relates is chargeable, be relieved from any penalty which ha may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

 32. Certificate by Collector:— (1) When an instrument brought to the Collector under section 31 is, in his opinion, one of a description chargeable with duty, and

(a)    the Collector determines that   it is already  fully stamped, or

(b)    the duty determined by the Collector under section 31, or such a sum,  as with duty already paid in respect of the instrument, is equal to the duty so determined,  has  been   paid, the Collector shall certify by endorsement on  such  instrument, that the   full duty (stating   the   amount)   with which  it   is chargeable has been paid.

(2)    When  such    instrument   is,    in  his opinion   not chargeable with  duty,  the Collector shall   certify   in manner aforesaid that such instrument is not so chargeable.

(3)    Any instrument upon which  an endorsement   has been made under this section, shall be   deemed to   be duly stamped or not chargeable with duty, as the case may be and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if had been originally duly stamped:

Provided that nothing in this section shall authorize the Collector to endorse —

(a)    any instrument   executed   or   first   executed in 1 [ India ] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be;

(b)    any  instrument executed or first executed out of '[India] and brought to him after the expiration of three months after it has been first received in '[India]; and

2[(c) any instrument chargeable with the duty of twenty paise or a mortgage of a crop (article 36 (a) of Schedule I-A) chargeable under clauses (aaj or (bb) of section 3 with a duty of forty paise or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped.]

Chapter IV    .

Instruments not duly stamped

33. Examination and impounding of instruments:— (I) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable in his opinion with duty is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same.

(2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is a stamped with a stamp of the value and description required by the law in force in '[India] when such instrument was executed or first executed:

- - -

1.    Substituted by Central Act XL1II of 1955.

2.    Substituted by A. P. Acts VI of 1922, XVI of 1953,  XIX  of   1959 and X of l967.

- - -

Provided that —

(a)    nothing   herein   contained   shall   be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any  instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII of Chapter  XXXVI of the Coda of Criminal Procedure, 1898:

(b)    in the case of a Judge of a   High Court,  the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in  this behalf,

(3)   For the purposes of this section, in cases of doubt-(a)   the  '[State Government]   may   determine   what offices shall be deemed to be public offices; and

(b) the '[State Government] may determine who shall be deemed to be persons in charge of public offices.

34. Special provision as to unstamped receipts:— Where any receipt chargeable 2[with a duty not exceeding ten naye Paise] is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duly stamped receipt to be substituted therefor.

35. Instrument not duly stamped inadmissible in evidence etc. :— No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instrument is duly stamped:

Provided that —

(a) 3(any such instrument not being an instrument chargeable with duty of twenty paise or a mortgage of crop (Article 36 (a)  of Schedule l-A) chargeable under clause (aa) or

- - -

1.    Substituted by Adaptation Order, 1950.

2.    Substituted by Central Act X]X of 1958.

3.     Substituted by A. P. Acts VI of 1'.'22, XVI of 1943, XIX of   1939, X of 1967 and XX of 1974 .

- - -

(bb) of section 3 with a duty of forty paise or a bill of exchange or promissory note, shall subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds '[fifteen rupees,] of a sum equal to ten times such duty or portion;]

(b)    where any person  from  whom  a stamped   receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against  him on  payment of   a penalty  of '[three  rupees]    by   the  person tendering it;

(c)    where a contract    or agreement  of any kind   is effected by correspondence consisting of two or more Setters and any one of the letters bears the proper stamp,  the contract or agreement shall be deemed to be duly stamped;

(d)    nothing   herein    contained    shall    prevent    the admission of any instrument in evidence in any  proceeding  in a Criminal Court, other than a  proceeding under Chapter XIL or Chapter XXXVI of the Coda of Criminal Procedure, 1898;

(a) Nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the 2[ Government] or where it bears the certificate of the Collector as provided by section 32 or any other provision .. '.' this Act.

 Admission of instrument where not be questioned ; — Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.

37.    Admission of improperly   stamped instruments:— The 2[ State Government] may make rules providing that, where

1.    Substituted by A  P. Act XX of 11)7-4.

2.    Substituted by Adaptation Order, 1950..

an instrument bears a stamp of sufficient amount, but of improper description it may, on payment of the duty with which the same is chargeable be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

38. Instruments impounded how dealt with:— When the person impounding au instrument under section 33 has by law or consent of parties authority to received evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, ho shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect there of, and shall send such amount to the Collector, or to such person as he may appoint in this behalf.

l2) In every other case, the person so impounding an instrument shall send it ia original to the Collector.

39. Collector's power to refund penalty paid under section 38, sub section (1) :— (1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he  may,

if he thinks fit '[.........], refund any portion  of the  penalty in

excess of five rupees which has  been  paid  in respect of such instrument.

(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty  so paid.

40. Collector's power to stamp instruments impounded: 2[(1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38, sub-section (I) not being an instrument chargeable with a duty not exceeding twenty paise only or a mortgage of a crop (Article 36 (a) of Schedule l-A) chargeable under clause (aa) or (bb) of section 3 with a duty of forty paise or a bill of exchange or promissory note, he shall adopt the the following procedure]:

   1.   Repealed by Central Act IV of 1914.

2.  Substituted  by A. P. Act. VI of 1922, XVI of  1943, XIX of 1950 and X of 1967.

(a)    if he is of opinion that such instrument is duly stamped or is  not chargeable with duty he shall certify by endorsement thereon that it is duly stamped, or that it is not so

chargeable as the case may be;

(b)    if he is of opinion that such instrument is charge able with duty and is not duty stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees, or if he thinks fit '[an amount not exceeding] ten times the amount of the proper duty  or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees:

Provided that, when such instrument has been impounded, only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section.

(2)    Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive  evidence of the matters stated therein.

(3)    Where an instrument has been sent to the Collector under section 38, sub section (2), the Collector, shall, when he has dealt with it as provided by  this section,  return  it to the impounding officer.

41. . Instrument unduly stamped by accident :— [If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty not exceeding twenty pajse only or a mortgage of a crop (Article 36 (a) of Schedule I-A) chargeable under clause (aa) or (bb) of section 3 with a duty of forty paise or a bill of exchange or promissory note is produced by any person of his own motion before the Collector within one year from the date of its execution and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collection the amount of the proper duty, or the' amount required to make up the same, and the Collector is satisfied that the  omission  to duly  stamp

1.     Insured  by Central Act XV of 1904.

2.    Substituted by A. P.   Acts  V I of 1922, XVI of 1013, XIX of 1059 and X of 1967 .

 

such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next hereinafter described.]

42.  Endorsement of instruments on which duty has been paid under tertian 35, 40 or 41 :— (I) When the duty and penalty (if any) leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the parson admitting such instrument in evidence or the Collector, as the case may be shall certify by endorsement thereon that the proper duly or, as the case may be, the proper duty and penalty (staling the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.

(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it bad been duly stamped, and shall be delivered or his application in this behalf to the person from whose possession it came into the hands of tha officer impounding it, or as such person may direct:

Provided that —

(a)    no instrument which has been admitted in evidence upon payment of duty and penalty under section 35, shall  be so delivered before the expiration of one month from date of such impounding, or if the Collector has certified  that  its further detention is   necessary and has not cancelled such   certificate;

(b)    nothing in this section  shall  affect the Code  of Civil Procedure, section 144, clause 3.

43- Prosecution for of fence against 'stamp-law:— The ta ing of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the stamp-law in respect of such instrument:

Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty.

 

44,. Persona paying duty or penalty may recover same in certain cases:— (I) When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any parson in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.

(2)    For the purpose of such  recovery   any certificate granted in respect of such instrument  under  this Act  shall  be conclusive evidence of the matters therein certified.

(3)    Such amount  may,   if   the  Court thinks  fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order no further proceedings for the recovery of the amount shall be maintainable.

45. Power to revenue-authority to refund penalty or excess duty in certain cases:— (i) Where any penalty is paid under section 35 or section 40, the Chief Controlling Revenue authority may upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part.

(2) Where, in the opinion of the Chief Controlling Revenue authority, stamp duty in excess of that which is legally chargeable has been charged and paid under section 35, or section 40, such authority, may, upon application in writing made within three months of the order charging the same, refund the excess.

46. Non-liability for loss of instruments sent under section 38: - (1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.

(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such  instrument.

47. Power of payer to stamp bills, and promissory notes received. by him unstamped :— When any bill of exchange, '[ or promissory note ] chargeable -[with a duty not exceeding ten naye paise ] is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and upon canceling the same in manner hereinbefore provided, may pay the sum payable upon such bill '[ or note ] and may charge the duty against the person who ought to have have paid the same, or deduct it from the sum payable as aforesaid, and such bill '[or note ] shall, so far as respects the duty, be deemed good and valid:

Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill    '[or note].

47-A. Instruments of conveyance, etc., under-valued how to be dealt with:— (1) Where the registering officer appointed under the Registration Act, 1908, while registering any instrument of conveyance, exchange, gift, partition or settlement, has reason to believe that the market value of the property which is the subject-matter of such instrument has not been truly set forth in the instrument, he may, after registering such instrument, refer the matter to the Collector for determination of the market value of such property and the proper duty payable thereon.

(2) On receipt of a reference under sub-section (1), the Collector shall, after giving the parties opportunity of making their representation and after holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the market value of the property which is the subject matter of

- - -

1.    Substituted by Central Act V of 1927.

2.    Substituted by Central Act XIX of 1958

3.    Insured  by A. P. Act XX11 of 1971

- - -

such instrument and the duty as aforesaid. The difference, if any, in the amount of duty, shall be payable by the person liable to pay the duty.

(3)   The   Collector may suo  motu within two years from the date of registration of such instrument, not already referred to him under sub-section (1), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty payable thereon and if, after such examination, he has reason to believe that the market value of such property has not been  truly set   forth in  the instrument,   he   may   determine    the market   value  of  such property and the duty as aforesaid in accordance   with the procedure provided for in sub-section (2),   The   difference, if any, in the amount of duty, shall be payable by   the person liable to pay the duty:

Provided that nothing in this sub-section shall apply to any instrument registered before the duty of commencement of the Indian  Stamp   (Andhra  Pradesh Amendment)   Act,  1971.

(4) Any person aggrieved by an order of the Collector under sub-section (2) or sub-section (3) may appeal to the appellate authority specified in sub-section (5). All such appeals shall be preferred within such time and shall be heard and disposed of in such manner, as may be prescribed by rules made under this Act.  

(5)   The appellate authority shall be —

(i) in the cities of Hyderabad and Secunderabad,— the City Civil Court;

(ii)   elsewhere —

(a)    the Subordinate Judge or if   there are more, than one Subordinate   Judge,   the   Principal   Subordinate    Judge, having jurisdiction over the area in which the   property concerned is situated; or

(b)    if there is no such Subordinate Judge, the District Judge having jurisdiction over the area aforesaid.

(6) For the purposes of this Act, market value of any property shall be estimated to be the price which in the opinion of the Collector or the appellate authority as the case may be, such property would have fetched if sold in the open market on the date of execution of the instrument of conveyance, exchange, gift, partition or settlement]

48. Recovery of duties and penalties:— All duties, penalties and other sums required to be paid under this Chapter may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land revenue.

Chapter   V

Allowances for Stamps in Certain Cases

40. Allowance for spoiled stamps: — Subject to such rules as may be made by the '[State Government ] as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely :—

(a i the stamp on any paper inadvertently and undesi-gnedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person;

(b)    the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto:

(c)    in the case of bills of exchange 2[ payable other wise than on demand] [.........] or promissory notes—

(1)   the stamp on 4[any such bill of exchange] 3[.........] signed by or on  behalf of the drawer, which  has not been

- - -

1.   Substituted by Adaptation Order, 1950.

2    Inserted by Central Act V of 1927.

3.    Omitted by Central Act V of 1927.

4.    Substituted by Central Act V of 1927.

- - -

accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance: provided that the paper on which any such stamp is impressed does not bear any signature intended as or for the acceptance of any bill of exchange '[.........] to be afterwards written thereon:

(2)    the stamp on any promissory note signed by or on behalf of the maker which  has not been made use of In any manner whatever or delivered out of his hands ;

(3)    the  stamp used  or  intended to  be  used for 2[any such bill of  exchange],   1[............]    or promissory    note signed by, or on behalf of, the drawer thereof, but which from any omission  or error has  been  spoiled or rendered  useless, although the same,  being a bill  of exchange l[.........] may have been presented for acceptance or  accepted, or   endorsed, being a promissory note, may have been delivered to the   payee-provided   that  another completed   and  duly stamped  bill of exchange '[.........] or promissory  note   is  produced  identical in every particular, except in the   correction  of such  omission or error as aforesaid, with the spoiled   bill '[.........] or  note;

(d) the stamp used for an instrument executed by any party thereto which -

(1) has been afterwards found to be absolutely void in law from the beginning:

(2)    has been afterwards found unfit by reason of any error of mistake therein, for the  purpose originally intended:

(3)    by reason of the death of any  person   by  whom it is necessary that it should be executed without  having executed the same, or of the refusal of any   such  person  to  execute  the same, cannot be completed so as to effect the   intended  transaction in the form proposed;

(4)    for want of the execution thereof by some material party, and his inability or refusal to sign   the same,  is  in   fact incomplete and insufficient for  the purpose for which   it  was intended:

- - -

1     Omitted by Central Act V of 1927. 2.    Substituted by Central Act V of1927.

- - -

(5)    by reason of the refusal of any person to act under the same, or to advance any money intended to be  thereby secured or by   the refusal or   non-acceptance of any office thereby granted, totally fails of the intended purpose:

(6)    becomes useless in consequence of the  transaction intended to be thereby effected being effected  by some other instrument between the same parties and bearing stamp of not less  value:

(7)    is deficient in value and the transaction intended to be thereby effected has bean effected by some other instrument between the same parties and bearing a stamp of not less  value;

(8)    is inadvertently and undesignedly spoiled, and in lieu whereof   another   instrument   made    between the same parties and for the same purpose, is executed and duly stamped;

Provided that, in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled.

Explanation: The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable has been paid is an impressed stamp within the meaning of this section.

 Application for relief under section 49 when to be made:— The application for relief under section 49 shall be made within the following periods, that is to say:—

(1)    in the case mentioned  in clause (d) (5), within two months of the date of the instrument;

(2)    in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled;

(3)    in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed:

Provided that, —

(a)    when the spoiled instrument has been for sufficient reasons sent out of  '[India] the application may be made within six months after it has been received back in '[India].

(b)    when,   from    unavoidable    circumstances,   any instrument for which another  instrument has been substituted cannot be given up to be cancelled within the aforesaid period the application may be made within six months after the date of execution of the substituted instrument.

51.  Allowance in case of printed forma no longer required by Corporations:- The Chief Controlling Revenue authority -[or the Collector if empowered by the Chief Controlling Revenue authority in this behalf] may, without limit of time, make allowance for stamped papers used for printed forms of instruments 3[by any banker or] by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said '[banker] company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.

52.  Allowance for 'misused stumps:- (a) When any person has inadvertently used, for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty ; or

(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having bean written in contravention of the provisions of section 13;

the Collector may, on application made within six months after the date of the instrument, or if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if

- - -

1.   Substituted by Central Act XLIII of 1955.

2    Inserted by Central Act IV of 1914.

3.    Inserted  by Central Act V of 1906.

- - -

chargeable with the duty, being restamped with  proper duty, cancel and allow as spoiled the stamp so misused or rendered useless.

53. Allowance for spoiled or misused stamps how to be made:- In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof —

(a)    other stamps of the same description and value;  or

(b)    if required and he thinks fit, stamps of any other description to the same amount in value; or

(c)    at his discretion the same value in money, deducting 1 [ ten naye paise] for each rupee or fraction of a rupee.

54. Allowance for stamps not required for use:— When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall re-pay to such person tho value of such stamp or stamps in money, deducting 1[ten naye paise] for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction —

(a)    that  such  stamp  or stamps   were  purchased  by such person with a bonafide intention to use them; and

(b)    that he has paid the full price thereof; and

(c)    that they were so purchased  within  the  period of six  months   next   preceding  the  data on  which they  were so delivered:

Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.

54.A Allowances for stamps in denominations of annas:— Notwithstanding anything contained in section 34 when any person is possessed of a stamp or stamps in any denominations other than denominations of annas four or   multiples

- - -

1.    Substituted by Central Act XIX of 1958.

2.    Inserted by Central Act XIX of  1958.

- - -

thereof and such stamp or stamps has or have not been spoiled the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub section (2) of section 14 of the Indian Coinage Act, 1906 upon such person delivering up, within six months from the commencement of the Indian Stamp (Amendment) Act, 1958 such stamp or stamps to the Collector.]

'[54-B. Allowances for Refugee  Relief Stamps :-— Notwithstanding anything contained la section 54, when any parson is possessed of stamps bearing the inscription Refugee Relief being stamps used in pursuance of section 3-A before its omission; and such stamps have not boan spoiled, the Collector shall, upon such person delivering up, within six months from the commencement of the Refugee Relief Taxes (Abolition) Acl, 1973, such stamps to the Collector refund to such person the value of such stamps on money or give in lieu thereof other stamps of the same value:

Provided that the State Government may, with a view to facilitating expedious disposal of claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refund.]

55. Allowance on renewal of certain debentures'— When any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture the value of the stamp on the original or on the new debenture, whichever shall be less:

Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the [State Government] may direct.

Explanation:—A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes:—

-  - -

1.    Inserted by Central Act XIII of 1973.

2.     Substituted by Adaptation Order, 1950.

- - -

(a)    the issue of two or more debentures in place of one original debenture, the total amount secured being the same;

(b)    the issue of one debenture in place of two or more original debentures, the total amount secured being   the same;

(c)    the substitution of the name of the holder at the time of renewal for the name of the original holder; and

(d)    the alteration of the rate of interest or the dates of payment thereof

Chapter VI

Reference and  Revision

56. Control of, and statement of case to, Chief Controlling Revenue authority:— (1) The powers exercisable by a Collector under Chapter IV and Chapter V '[and under clause (a) of the first proviso to section 26] shall in all cases by subject to the control of the Chief Controlling Revenue authority.

(2)    If any Collector, acting under section 31, section 40 or section 41 feels doubt as to the amount of duty  with which any instrument is chargeable, he may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue authority.

(3)    Such authority shall consider the case and send a copy of its decision to the Collector, who shall  proceed  to assess and charge the duty (if any) in conformity with such decision.

57. Statement of case by Chief Controlling Revenue authority to High Court:— (1) The Chief Controlling Revenue authority may state any case referred to it under section 56, sub section (2), or othewise coming to its notice and refer such case,  opinion thereon —

[(a) if it arises in a State, to the High Court for that State;

(b) if it arises in the Union territory of Delhi to the High Court of Delhi;

- - -

1.    Inserted by Central Act XV of 1904.

2.    Substituted by Adaptation of Laws (No. 2) Order, 1956.

- - -

(bb)  1 [............]

(c)    if it arises in the Union Territory of Manipur or Tripura, to the High Court of Assam;

(d)    if it arises in the Union Territory of the Andaman and Nicobar Islands, to the High Court at Calcutta; and

(a)   if it arises in the Union Territory of the Laccadive, Minicoy and Amindivi Islands; to the High Court of Kerala. ]

(ee)   if it arises in the Union Territory of Chandigarh, to the High Court of Punjab and Haryana.

(eee)   if it arises in the Union Territory of Pondicherry to the High Court of Madras;

(f)    it arises in   the   Union  Territory  of  Dadra and Nagar Haveli, to the High Court of Bombay.

(g)  If it arises in the Union Territory of Goa, Daman and Diu, to the High Court of Bombay. ]

(2)   Every such case shall be decided by not less than three Judges of the High Court l[............] to which it is referred, and in case of difference the opinion of the majority shall prevail.

58.   Power of High Court, to call for further particulars at to case stated :— If the High Court    '[......], is  not  satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue authority by which it was stated, to make such additions thereto or alterations therein as tho Court may direct in that behalf.

59    Procedure in disposing of case stated:— (1) The H igh Court,   l[.........] upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded.

(2) The Court shall send to the Revenue authority by which the case was stated a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment.

- - -

1.    Omitted by Adaptation Order, 1950.

- - -

60.    Statement of case by other Courts to High Court:— (1) If any Court, other than a  Court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso fa) to section 35, the Judge may draw up a statement of the case and refer it, with  his  own opinion thereon, for the decision of the High Court '[...... ] to which, if he were the Chief Controlling Revenue authority, ha would under section 57, refer the same,

(2)    Such Court shall deal with the  case  as  if it  had bean referred under section 57. and send a copy of its   judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue authority and another like   copy to the Judge making  the reference, who shall, on  receiving such copy, dispose of the case conformably to such   Judgement.

(3)    References mode under sub-section (l). when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior.

 Revision of certain decisions of Courts regarding the sufficiency of stamps : (I) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding, under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals lie from or references are made by, such first mentioned Court may, of its own motion or on the application of the Collector take such order into consideration.

(2) If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duly and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any nerson in whose possession or power such instrument then is, to produce the same and may impound the same when produced.

- - -

1.    Omitted by Adaptation Order, 1950.

- - -

(3)    When  any  declaration  has  been   recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which  it relates has been impounded or is otherwise in the  possession of such Court shall also send him such instrument.

(4)    The   Collector may   thereupon,   notwithstanding anything contained in lite order admitting  such  instrument in evidence, or in any certificate granted under   section  42,  or in section 43, prosecute any person   for  any  offence against  the Stamp Law which the Collector considers him to have commuted in respect of such instrument:

Provided that—

(a)    no such prosecution shall be  instituted   where  the amount (including duty and penalty)  which,  according  to the determination of such  Court,  was  payable in  respect  of  the instrument under section 35, is paid to the Collector, unless  he thinks that the offence was committed with an  intention of evading payment of the proper duty;

(b)    except for the purposes of such  prosecution,  no declaration made under this section shall affect the  validity  of any  order admitting  any instrument   in evidence,  or of any certificate granted under section 42.

Chapter VII

 Criminal  Offences  and  Procedure

62. Penalty for executing etc., instrument not duly stamped: - (1)    Any person —

(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting paying or receiving payment of, or in any manner negotiating, any bill  of exchange

'[payable otherwise than on demand ] [...... ... ] or promissory note without the same being duly stamped; or

- - -

1.    Added by Central! Act V of 1927.

2.    Omitted by Central Act V of 1027.

- - -

(b)   executing or signing otherwise a than as a witness any other instrument chargeable with duty without the same being duly stamped; or

(c)    voting or attempting to vote under any proxy not duly stamped:

shall for every such offence   be punishable with fine which may extend to five hundred rupees:

Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section

61 the amount of such, penalty shall be allowed   in reduction of the fine (if any)  subsequently  imposed  under  this section in respect  of the same  instrument   upon, the  person  who paid such penalty.

(2) If a share warrant is issued without being duly stamped, the Company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the Company, shall be punishable with fine which may extend to five  hundred rupees

630. Penalty for failure to cancel adhesive stamp:— Any person required by section 12 to cancel an adhesive stamp and failing to cancel such strap in manner prescribed by that section, shall be punishable with fine which may extend to one hundred rupees.

(34 Penalty for omission to comply with provisions of section 27 :— Any person who, with intent to defraud the Government,—

(a)    executes any instrument in which all the  facts and circumstances required by section   27   to  be   set forth   in  such instrument are not fully and truly set forth; or

(b)    being   employed  or   concerned  in   or about  the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or

(c)    does any  other act   calculated    to deprive   the Government of any duty or penalty under this Act;

shall  be punishable  with   fine   which    may    extend  to  five thousand rupees.

65.   Penalty for refusal to give receipt and for devices to evade duty on receipts:— Any person who—-

(a)    being required under section 30 to give a receipt, refuses or neglects to give the same; or

(b)    with intent to defraud the Government of any duty, upon   a payment of money or delivery   of   property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or   delivered,   shall be punishable with fine which may extend to one hundred rupees.

66.   Penalty for not making out policy or making one not duly stamped:   Any person who—

(a)   receives   or takes   credit for,   any   premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit, for such premium or consideration, make out and execute a duly stamped policy of such insurance; or.

(b)    makes, executes or delivers out any policy which is not duly stamped or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy shall be punishable with fine which may extend to two hundred rupees.

67. Penalty for not drawing full number of bills or marine policies purporting to be in sets:— Any person drawing or executing a bill of exchange '[payable otherwise than on demand] or a policy of marine insurance purporting to bo drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.

68 Penalty for post-dating bills and for other devices to defraud the revenue:— Any person who —

(a)    with intent to defraud  the  Government of duty, draws, makes or issues any bill of exchange or promissory  note bearing a date subsequent to that on which such bill or note is actually drawn or made; or

(b)    knowing that such bill or note has been so post dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any  negotiates the same; or

- - -

1.    Inserted by Central Act V of 1927.

- - -

(c) with the like intent practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force;

shall be punishable with fine which may extend to one thousand rupees.

69.  Penalty for breach of rule relating to sale of stamps and for unauthorised sale:— (a) Any parson appointed to sell stamps, who disobeys any rule made under section 74, and

(b) any parson not so appointed who sells or offers for sale any stamp '[other than a ten naye paise or five naye paise adhesive stamp ];

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

70.  Institution and conduct of prosecutions :- (I) No prosecution in respect of any offence punishable under this Act or any, Act hereby repealed shall be instituted without the sanction of the Collector or such other officer as the [State Government] generally, or the Collector specially, authorises in that behalf.

(2)    The Chief Controlling Revenue authority,  or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence.

(3)    The amount of any such composition shall  be  re coverable in the manner provided by section 48.

7  Jurisdiction of Magistrates:— No Magistrate other than a Presidency Magistrate or a Magistrate whose powers are not less than those of a Magistrate of (he second class, shall try any offence under this Act,

72. Place of trial:— Every such offence committed jo respect of any instrument may be tried in any district or presidency town in which such instrument is found as well as in any district or presidency town in which such offence might be tried under the Code of Criminal Procedure for the time being in force.

CHAPTER VIII

Supplemental   Provisions

73.     Books,  etc.,   to   be   open to   inspection:    Every public   officer,  having in his   custody any registers,  books,

- - -

1.    Substituted by Central Act XIX of 1958

2.    Substituted by Adaptation Order, 1950.

- - -

records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at ail reasonable times, parrnii any person authorized in writing by the Collector to inspect for such purpose the regist rars, books, papers, documents and proceedings, and to take such cotes and extracts as he may deem necessary, without fee or charge,

74. Powers to make rules relating to sale of stamps:— Tho   3[State Goveroment]   may   make rules for regulating—

(a)    the supply aod sale of stumps and stamped papers,

(b)    the persons by  whom  alone such  sale  is  to  be conducted, and

(c)    the duties and   remuneration   of   such  persons: Provided that such rules shall  not reurict tho sale of

2[ten naye paise or five naye paise] adhesive stamps,

75.  Power to make rules generally to carry out Act:— The, '(State Government ] may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed live hundred rupees, to be incurred on breach thereof.

3[75-A Rules made by the State Government to be laid before the State Legislature:— (1) All Rules made by the State Government under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published in the Official Gazette.

(2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in annulment of the rule, the rule shall thereafter have effect only in such modified farm or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

- - -

1.    Substituted by Adaptation Order 1960.

2.    Substituted by Central Act XIX of

3.    Inserted by A. V. Act X of 1967.

- - -

 

76. Publication of rules:— '[(1) All rules made under this Act shall be published in the Offcial Gazette. ]

(2) All rules published as requited by this section shall, upon such publication have effect as if enacted by this Act.

2 [76-A.   Delegation of certain powers:— 3[...............]

The State Government may, by notification   in the Official Gazette], delegate-(a)   all or any of the powers conferred on it by section 2 (9), 33 (J)(b), 7C(I),   74   and 78 to  the   Chief    Controlling Revenue authority; and

(b) all or any of the powers conferred on the Chief Controlling Revenue authority by sections 45 (1) (2), 56 (1) and 70 (2) to such subordinate Revenue authority as may be specified in the notification.]

77. Saving as to Court-fees:— Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactmant for the time being in force relating to Court-fees.

4[77-A. Saving as to certain stamp:— All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye Paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this Act. ]

5[ 78. Duty to be collected or allowances to be made:— In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of ten paise equal to or exceeding five paise, shall be counted as ten paise, and other fractions of ten paise shall be disregarded. A.P. Act X of 1967 which came into force on 20th October, 1967. Previously fractions of five paise were to be rounded off to the next higher five paise]

79.   Repeal:-   [............]

- - -

1.    Substituted by Government of   India   (Adaptation   of   Indian Laws) Order, 1937.

2.    Inserted by Central Act IV of 1914.

3.    Omitted by Adaptation Order, 1950.

4.    Inserted by Central Act XIX of 1958.

5.    Substituted by A. P. Acts XIX of 1959 and X of 1067.

6.   Repealed by Central Act X of 1914.

- - -

'SCHEDULE   I-A

Stamp duty on certain instruments under the Stamp (Andhra Pradesh Amendment) Act, 1922

(See section 3, first proviso)

Description of instrument

Proper stamp duty

(1)

(2)

1.    Acknowledgement of a 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 banker's pass book) or on a separate piece of  paper   when   such   book   or paper is left in the  creditor's possession  provided   that   such acknowledgement does not con­tain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or  other property.

Twenty paise.

2.    Administration-Bond       including a bond   given    under    section 291 or section 375 of the  Indian Succession   Act,   1925    (Central Act  39   of   1925) or  sect ion 6 of the Government   Savings  Bank Act,   1873    (Central   Act   5   of 1873) —

 

(a)   Where the amount does not exceed Rs. 1,000;

Three-fourths   of the duty as a Bond (No. 13) 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.

Thirty five rupees.

1.   Schedule I-A was substituted by A. P. Act 20 of 1974.

Description of instrument

Proper stomp duty

 

(1)

(2)

 

4.   Affidavit including  an  affirmation or  declaration  in   the   case   of persons by law allowed to affirm or declare instead of swearing.

Exemption

Affidavit  or declaration in writing when made for the sole purpose of enabling any person to receive any      pension     or     charitable

allowance.

Five rupees.

 

6.    Agreement  or Memorandum of an agreement —

(a)   if relating  to the sale of a bill of exchange

(b)    if  relating   to the sale of a Government   security or share  in an incorporated company   or other   body corporate.

One rupee.

Subject to a maximum  of seventy five rupees, fifty paise for every Rs. 10,000 or part thereof, of the value of the security or share.

 

6.    Agreement   or  Memorandum of an

agreement,       not        otherwise provided for.

Five rupees.

 

7.     Agreement   relating  to  deposit of title-deeds, pawn 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

(2)   the   pawn     or   pledge   of movable property,

 

 

Description of instruments

Proper stamp duty

 

(1)

(2)

 

where such deposit, pawn or pledge has been made by way of security for  the  re-payment   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 drawn    If drawn        If drawn singly, in set of two, in set of three for each part   for each part of the set.       of the set.

Rs.   P.       Rs.   P.          Ra    P.

 

(i)      when the amount of the loan or debt  does not exceed Rs. 500

3-00           1-50              1-00

 

(ii)     when it exceeds Rs. 500  but does not exceed Rs.1,000

5-00           2-50              1-70

 

(iii)    when it exceeds Rs. 1,000 but does not exceed Rs 10,000 for every Rs. 1,000 or part thereof

5-00           2-50              1-T0

 

(iv)    when   it.   exceeds   Rs.10,000 for the first  Rs..10,000  as under   item (iii)  and   for every    Rs. 1,000   or part thereof     in     excess     of Rs.10,000

6-00           3-00              2-00

 

(b)    if  such  loan  or debt  is  re­payable     not    more   than three months from the date of such instrument.

Half the duty payable on a loan or debt under   clause  (a)  for the amount secured.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

8.    Appointment    in  execution   of a     power, whether of trustees or of property, movable or immovable, wlicro made by any writing not being a will.      

Sixty rupees.

 

9.    Appraisement  or valuation   made otherwise than under an order of the Court in   the   course of a suit —

 

 

(a)   where the amount does not exceed Rs. 1,000;

The same duty as a Bottomry Bond (No. 14) for such amount.

 

(b)   in any other case,

Thirty rupees.

 

10.  Apprenticeship-Deed,     including every  writing   relating  to  the service or tuition of any appren­tice, clerk or servant placed with any master to learn any  pro­fession, trade or employment.

Exemption

Instruments     of    apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Cen­tral Act 52 of 1961), or by which a person is apprenticed by, or at the charge of, any public-charity.

Fifteen rupees.

 

11.  Articles of Association of a company Exemption

Articles  of any   association   nod formed for profit and registered under the Companies Act,  1966 (Central Act I of 1966) [See also Memorandum of Association of a Company (No. 34).]

Ono hundred and fifty rupees.

 

Description of instrument

Proper stamp duty

 

(I)

(2)

 

12.  Award, that is to say, any decision in writing  by  an   arbitrator or umpiro,   not    being   an   award directing a partition, on a   refe­rence made otherwise than by an order of the Court in the course of a suit —

 

 

(a)   where the amount or value of the property to which the award relates, as  but forth in such award, does not exceed Rs. 1,000;

The same duty as a Bottomry Bond (No. 14) for such amount.

 

(b)   if it exceeds Rs. 1,000 but does not exceed Rs. 5,000; and   for every   additional Rs. 1,000 or part thereof in excess of Rs. 6,000.

Fifty rupees.

Two rupees subject to a maximum of two hundred rupees.

 

13.  Bond,  as dc fined by section 2 (5), not  being a  debenture and not being otherwise provided for by this    Act,   or   by   the   Andhra Pradesh   Court Fees and Suits Valuation Act, 1956   (Act VII of 1950).

 

 

(a)   where the amount or value secured does not exceed Rs. 1,000 ;

Three rupees for every one hundred rupees or part thereof.

 

(b)   where it exceeds Rs. 1,000;

Exemption

Bond, when executed by any person for the purpose of guaranteeing that  the  local income   derived from private  subscriptions to a charitable dispensary or hospital or any other object   of   public utility, shall not be less than a specified sum per mensem.

The same duty as under clause (a) for the first Rs.   1,000 and for every Rs. 500 or part  thereof in excess tills. 1,000, fifteen rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

14.  Bottomry   Bond,   that is   to say, any    instrument   whereby   the master of a sea-going  ship  bor rows money,   on the security of tho    ship    to   enable   him   to preserve  the ship  or prosecute her voyage —

(a)    where the  amount or value seecured does hot  exceed Rs. 1,000;

Three rupees for every one hundred rupees or part thereof;

 

(b)   where it exceeds Rs. 1,000

The same duty as under clause (a) for the first  Rs. 1,000 and for every Rs. 600 or part thereof in excess of Rs, 1,000, fifteen rupees.

 

15.   Cancellation—Instrument of  (in cinding any instrument by which any       instrument       previously executed is cancelled) if attested and not   otherwise provided for.

Thirty rupees.

 

16.   Certificate of Sale (In   respect  of  each property put up  as a  separatc   lot and sold), granted to the purchaser of any property sold by public   auction by a Civil or Revenue  Court,   or Collector    or     other     Revenue Officer —

(a)   where the purchase money does not  exceed Kb. 10;

One rupee.

 

(6)    where the purchase   money exceeds Rs. 10  but does not exceed Rs 25;

One rupee fifty paise.

 

(c)   in any other case

The same duty as a Conveyance (No. 20) for a consideration equal to tho amount of  the  purchase money only.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

17.  Certificate    or    other    document evidencing the right or title of the holder thereof, or any other person, either to any shares, scrip or stock in or of any incorporated Company or other body corporate or to become proprietor of shares, scrip or stock in or of any  such company or body.

Thirty paise.

 

18.   (1)    Charter party, that is to  say, any instrument   (except  an agreement for the hire of a tug-steamen)     whereby    a vessel   or   some   specified principal part thereof is let for the   specified  purposes of the charterer,  whether it includes a penalty clause or not.

Five rupees.

 

(2)    A Chit Agreement, that  is to say an   agreement  relating to a chit as defined in clause (2)   of   Section   2   of   the Andhara      Pradesh      Chit Funds Act, 1971,  if, either finch agreement is executed, or the Chit is conducted in the State of Andhra Pradesh

One rupee.

 

19    Composition —- Deed, that is to say, any instrument  executed by a debtor  whereby he conveys  his property  for the benefit of  his creditors, or where by paymennt of a   composition   or   dividend in 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 licence,  for  the benefit of his auditors.

Thirty-five rupees.

 

 

Description of instrument

Proper stamp duty

(1)

(2)

20.  Conveyance) [as defined by section 2(10)].    not   being   a   transfer charged    or    exempted    under (No. 53) —

(a)    whore the amount of  value of  the   consideration for such   conveyance   as   sec forth therein does not ex ceed Rs. 50; (b)    where it exceeds Ra. 50, but does not exceed Ra. 1,000;

Two rupees fifty paise.

Five rupees for every one hundred rupees or part thereof.

(c)    where it exceeds Rs. 1.000;

The same duty as under clause (b) for  the first; Rs.   1,000 and for   every Rs. 500 or part thereof in   excess of Rs. 1.000, twenty five rupees.

21.  Copy  or extract, certified to be a true copy or extract by or by order  of   any   public officer and not chargeable under the law for the time being in force relating to court fees —

 

 

(i)   if    the    original   was   not chargeable with duty, or if the   duty with  which  it was chargeable  does  not exceed   two   rupees fifty paise;

Two rupees fifty paise.

(ii)   in any other case —

Exemptions

(a)   Copy of any  paper which a public officer is expressly required by law to make or furnish for record in any public  office   or   for   any public purpose.   

Five rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(b)    Copy of, or extract from, any register relating to  births, baptisms, mamings, dedications, marriages,  divorces,   deaths or   burials.

22.   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 original      instrument.     is chargeable does not exceed five rupees;

(6)    in any other case

The same duty as is payable on the original.

Five rupees.

 

23.  Customs Bond —

(a)    where the  amount does not exceed Rs. 1,000;

(6)    in any other  case

The same duty as a Bottomry Bond (Xo. 14) for such amount.

Thirty rupees.

 

24.   Delivery order in respect of goods, that  is to say,  any  instrument entitling    any   person   therein, named,   or   his assigns   or   the holder thereof, to the delivery of any goods lying in any  dock or port or 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.

Twenty paise.

 

25.   Divorce — Instrument of that is to say, any  instrument  by   which any person effects the dissolution of his marriage.

Five rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

26.  Entry as an Advocate on the roll of the   Bar   Council     of     Andhra Pradesh   under   the   Advocates Act, 1961.

Exemption

Entry as an advocate on the roll of the   Bar   Council     of     Andhra Pradesh    when    he   has     been previously enrolled as a vakil in the Andhra Pradesh  High Court or as an Advocate or Vakil in any other High Court.

Two hundred and fifty rupees or if previously enrolled as an Attor ney  in  any    High    Court,  one hundred and twenty five rupees.

 

27.  Exchange   of    Property Instrument, of

The same duty as a Conveyance (No. 20) for a consideration equal to the  value of the property of greater value as set forth in such instrument.

 

28.   Further   Charge — Instrument of, that  is to  say,  any  instrument imposing   a   further   charge   on mortgaged property — (a)    when the original mortgage is one of  the  description referred to in clause (a) of Article 35  (that is,  with possession).

The  .same  duty  as a conveyance (No. 20),  (for a  consideration  on equal   to    the  amount    of    the further charge secured by such instrument.

 

(b)    when such mortgage is  one of the description referred to in clause (b) of  Article 35 (that is,  without   pos session) —

 

 

 

(i)    if   at    the     time   of execution    of     the instrument   of  further charge possession of the property is given  or agreed to be   given under such instrument;

The same duty as a   Conveyance (No. 20) for a consideration equal to the total amount of the charge (including the original mortgage and any  further charge already made), less the duty already paid on such   original  mortgage and further charge.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(ii)   if possession is  not so given

The same duty as a Bottomry Bond (No.   14) for the amount of the further charge secured by such instrument.

 

29.   Gift — Instrument of,  out being a settlement   (No, 49) or Will or Transfer (No, 53).

30.   Indemnity Bond.

31.  Lease, including an underlease or sub-lease and any  agreement to let or sublet —

(a)    where   by   such   lease  the rent is fixed and no premium is paid  or delivered—

The same   duty as a Conveyance (No. 20) for a consideration equal to the value  of the  property, as set forth in such instrument.

The same  duty  as a Security Bond (No. 48) for the same amount.

 

(i)    where the lease purports  to be for a term of less   than one year;

The same duty as a Bottomry Bond (Xo.   14)  for   the whole amount payable    or   deliverable   under such lease.

 

(ii)   where the lease purports to be for a term   of  not   less than one year, but not more than live years;

The same duty as a Bottomry Bond (No. 14) for the amount or value of   the   average   annual   rent reserved.

 

(iii)  where the lease purports to be  for a term       exceeding five years,  but not exceeding          ten years;

The same duty as a Conveyance (No. 20) for a consideration equal to the amount or value of the average annual rent reserved.

 

(iv)   where the least  purports to   be  for   a term exceeding ten years,     but     not exceeding twenty years;

The  same  duty  as a Conveyance, (No. 20) for a consideration equal to twice the amount or value of the      average      annual     rent. reserved.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(a)     where the lease purports to  be  for  a term        exceeding twenty  years,   but not          exceeding thirty years;

The  same  duty  as a Conveyance (No. 20) for a consideration equal to three  times  the  amount  or value of the average annual rent reserved.

 

(vi)  whore the lease purports  to  be  for  a term       exceeding thirty    years,   but not exceeding one hundred years;

The   same  duty  as  a Conveyance (No. 20) for a consideration equal to four times the amount or value of    the     average   annual   rent reserved.

 

(vii) where the least purpoits  to  be  for a term exceeding one hundred years or in perpetuity ;

The same  duty as a Conveyance (No. 20) for a consideration equal to one sixth of the whole amount of rents which would  be paid or delivered in  respect of the first fifty years of the lease.

 

(viii) where the lease does not purport   to   be for   any     definite term;

The  same  duty  as  a Conveyance (No. 20) for a consideration equal to  three   times the   amount  or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long.

 

(b)    where the license   is  granted for a fine   or  premium   or for money  advanced and whore no rent is reserved;

The  same  duty as a Conveyance (No. 20) for a consideration equal to the  amount  or value of such fine or  premium  or advance as set forth in the lease.

 

(c)   where the lease  is granted for a fine  or  premium, or for   money   advanced   in addition to rent reserved;

The same duty as a Conveyance (No. 20) for a consideration equal to  the  amount  or value or such fine or  premium or advance as sot 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:

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

 

 

Provided  that,  in any case when an agreement to lease is stamped with the advalorrmstamp requi red  for a  lease  and a  lease in pursuance  of such  agreement is subsequently executed, the duty on  such   lease shall not  exceed five rupees.

 

Explanation :    When   a    lesses undertakes to pay any recurring charge, such as Government revenue, the land lord's share  of cesses  or  the owner's share of municipal rates or taxes, which is by law   recoverable from  the lessor, the amount so agreed to be paid by the lessee shall be  deemed  to be  part of the rent.

 

 

 

32.   Letter of Allotment  of  Shares in any company  or proposed com pany, or in respect of any loan to be  raised by  any   company or proposed company.

Thirty paise

 

33.  Letter of Licence, that  is  to say, any agreement between a debtor and 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.

Thirty-five rupees.

 

34.  Memorandum of  Association of a Company —

 

 

 

(a)   if accompanied by  articles of association    under the Companies Act, 1950 (Central Act I of 19515).

Ninety rupees.

 

(b)   if not so accompanied.

Two hundred and forty rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

Exemption

Memorandum of   any Association not formed  for profit and registered under the Companies Act, 1956 (Central Aot I of 1956).

35.  Mortgage    Deed,    not   being  an Agreement   relating to Deposit of Title deeds,  Pawn  or Pledge (No. 7) Bottomry Bond (No. 14). Mortgage of a crop (Xo. 3(i), Respondentia Bond (Xo. 47)  or Security Bond (No. -18) —

 

 

 

(a)    when possession of the property or any  part of the property   comprised    in such deed is given by the mortgagor or agreed to be given;

The  same  duty as a Conveyance (Xo. 20) for a consideration equal to the amount secured by such deed.

 

(b)    when    possession    is    not given or agreed to be given as aforesaid;

The same duty as a Bottomry Bond (No. 14) for the amount secured by such deed.

 

Explanation:   A mortgagor who gives or has given to the  mortgagee a power of attorney to  collect rents, or gives or has given to the mortgagee a lease,  of  the   property   mortgaged or part thereof, is deemed to give possession thereof within the meaning of this article;

 

 

 

(c)    when a collateral or auxiliary or additional or substituted   security,   or by way   of further  assurance for the above mentioned purpose where the principal or primary security is duly stamped —

 

 

 

Description of Instrument

Proper stamp duty

 

(1)

(2)

 

for every sum secured not   exceed ing Rs. 1,000;

Three rupees.

 

and for every  Rs.   1,000  or  part thereof  secured    in    excess    of Rs. 1,000. Exemption Instruments executed   by  persons taking advances  under  the   Land Im provement Loans Act, 1883 (Central Act 19 of 1883) or the Agriculturists Loans Act, 1884 (Central Act   12 of   1884),  or by their sureties as security for the re payment of such advances.

Three rupees.

 

36. Mortgage of a crop, including any instrument evidencing an agree ment to secure the repayment of a loan made upen any  morugage 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    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.

Forty paise. Forty paise.

 

(b)   when the loan is repayable more  than  three  months but not more than eighteen months from the date of the instrument — for every sum secured not exceeding Re. 100; and for every Rs. 100 or part  thereof    secured in excess of Rs. 100.

Sixty paise. Sixty paise.

 

D scription of instrument

Proper stamp duty

 

(1)

(2)

 

37.  Notarial act,  that  is to  say, any instrument,   endorsement,   note. attestation, certificate or entry not being a Protest (No. 43) made or signed  by  a Notary  in the execution  of the  duties of his office,  or  by  any   other person lawfully acting as a Notary.

Three Rupees fifty paise.

 

38.   Note   or Memorandum sent  by a broker or agent to his principal intimating the purchase  or sale on account  of such principal —

 

 

 

(a)    of any goods exceeding in value twenty rupees;

One rupee.

 

(b)    of any stock or   marketable security     exceeding     in value twenty rupees.

Subject   to a maximum of fifty rupees, fifty paise for every Rs. 10,000 or   part thereof of the value of the stock or security.

 

39.  Note of Protest  by  the  Master of a Ship.

Two rupees.

 

40.   Partition-Instrument of [as defined by section 2 (15)]

The same duty as a Bottomry Bond (No. 14)   for    the   amount     of the    value    of     the  separated share or shares of the property.

N.B.—The largest share remaining after the property is partitioned (or if there are two or more shares of  equal  value  and nob smaller than  any of the   otlicr shares then one of such equal shares) shall be deemed to be that from which   the    other   shares   are separated:

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

 

Provided always that —

(a)    when an instrument of partition containing an agreement to     divide      property     in severalty is executed and a partition    is    effected    in pursuance of such agreement, the duty   chargeable   upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than five rupees;

 

 

 

(b)   where land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at tweny-five times the annual revenue;

 

 

 

(c)   where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an Arbitrator directing a partition is   stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed,   the  duty on   such instrument shall not exceed five rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

41.  Partnership — A.   Instrument of (a)    Where   the capital  of  the partnership does not exceed Rs. 500/-

Fifteen rupees.

 

(b)   Where    it exceeds Rs. 5,00 but  does not exceed  Rs. 5,000.

Sixty rupees.

 

(c)   in any other case.

One hundred rupees.

 

B.    Dissolution of

Fifty rupees.

 

42.   Power  of  Attorney   as  defined by section 2 (21) not being a proxy —

 

 

 

(a)    when executed for   the sole purpose of  procuring the registration of one or more documents in relation to a single  transaction  or   for admitting execution of one or  more such documents;

One rupee fifty paise.

 

(b)    when authorising one person or more to act   in a single transaction other than the cane mentioned  in clause

Three rupees.

 

(c)   when authorising  not more than five  persona to act jointly and   severally  in more   than   one transaction or generally;

Twenty rupees.

 

(d)    when authorising more than five but not more than ten persons to act  jointly and severally in more than one transaction or generally;

Thirty-five rupees.

 

(e)   when   given   for   consideration and authorising the attorney to sell any immovable property;

The same duty as a Conveyance (No.  20) for the Amount of the consideration.

 

(f)    in any other ease.

Four rupees for each person authorised.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

N.B.—The term "registration" includes every operation incidental to registration under the Registration Act, 1908 (Central Act 16 of 1908).

Explanation:—For the purposes of this article,    more    persons  than  one when belonging  to the same firm shall be deemed to be one poison.

 

 

 

43.  Protest of  Bill or  Note,   that is to say, any  declaration  in writing made by a Notary, or other person lawfully acting as such  attesting the dishonour of a bill of exchange or promissory note.

Three rupees.

 

44.  Protest by  the  Master  of a ship, that is to  say, any  declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in  writing made by him against the charterers of the consignees   for  not    loading or unloading the ship, when such declaration is attested or certified by a Notary or other person law fully acting as such.

Five rupees.

 

45.  Reconveyance  of Mortgaged property

 

 

 

(a)   if   the    consideration   for which the  property   was mortgaged does not exceed Rs. 1,000/-

The same duty as a Conveyance (No.  20)  for the Amount of such consideration as get forth in the Reconveyance.

 

(b)   in any other case

Fifty rupees.

 

Description of Instrument

Proper stamp duty

 

(1)

(2)

 

46.  Release, that is to say, (A)   Any instrument [not being such a release as is provided for  by  section 23-A ] whereby a poison renounces a claim upon another person   or    against    any specified property —

 

 

 

(a)   if the amount or value    of     the claim   does  not exceed Rs. 1,000

The same duty as a Bottomry Bond (No. 14) for such amount or value as set forth in the release.

 

(b)    in any other case

Thirty rupees.

 

(B)   Release of benami right

The  same  duty as a Conveyance (No. 20) for a consideration equal to the value of the property as set forth in the release.

 

(C)    Release of right of redemption of a mortgage with possession or of the right to obtain reconveyance of property already conveyed.

The  same duty as a Conveyance (No. 20) for the amount of such consideration as set forth in the Release.

 

47. Respondentia Bond, that ia to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making re payment    contingent     on   the arrival of the cargo at the port of destination.

The same duty as a Bottomry Bond (No. 14) for the amount of the loan secured. .

 

48.   Security Bond  or Mortgage  deed, executed by way of security for the due execution of an office, or to account for money  or other property   received   by     virtue thereof, or executed by a surety to secure  the due  performance of a contract —

 

 

 

(a)   when the amount secured docs not exceed Rs. 1,000

The same duty as a Bottomry Bond (No. 14) for the amount secured.

 

(6)   in any other case

Thirty rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

Exemption

Bond or other instrument, when executed _

(a)   by any person for the   purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital, or any  other object   of public   utility, shall  not be  less than a specified sum per mensem; (6)   executed       by       persona taking advances under the Laud Improvement Loans Act, 1883 (Central Act 19 of 1883) or the Agriculturists'    Loans    Act,   1884 (Central  Act 12 of  1884), or by their  sureties   as security for the repayment of such advances;

(c)   executed by officers of Government or their sureties to secure the  due  execution of an office  or the due accounting  for money  or other property  received by virtue thereof.

 

 

 

49.   Settlement —

A.   Instrument   of (including a deed of dower) —

The same duty as a Bottomry Bond (No. 14) for a  sum equal to the amount or value of the property settled   as   set   forth in such settlement;

Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in   pursuance of such agreement is subsequently executed,   the   duty   on   such instrument shall not exceed five rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

Exemptior Deed of dower executed on the occasion of a marriage between Muslima. (B)   Revocation of —

The same duty as a Bottomry Bond (No. 14) for a sum equal to the amount or value of the property concerned, as set forth   in the instrument   of   revocation, but not exceeding sixty rupees.

 

50.   Share  warrants   to   bearer issued under the   Companies  Act   1956 (Central Act I of 1950).

One and a half times   the  duty payable on a Conveyance (No. 20) for a  consideration equal to the nominal  amount  of   the  shares specified in the warrant.

 

51.   Shipping — Order or for relating to the conveyance of goods on board of any vessel.

Twenty paise.

 

52.  Surrender of Lease —

(a)    when the duty with   which the   lease   is   chargeable does   not   exceed   thirty

rupees

The-duty with  which such lease is chargeble.

 

(6)    in any other case

Thirty rupees.

 

53,   Transfer (whether with or without

Consideration) —

(a)    of debentures, being marketable securities  whether the debenture is  liable to duty  or not,   except debentures  provided for by section 8;

(b)   of any   interest  seemed by a bond, mortgage  deed or policy  of insurance —

One half of the  duty payable on a Conveyance (No. 20) for a consideration equal to the face amount of the debenture.

 

                 (i)   if the duty   on  such bond .mortgage deed or policy,  of insurance      does     not exceed   thirty   ru

pees

The duty  with   which  such bond mortgage deed or policy of insurance is chargeable.

 

(ii)  in any other case.

Thirty rupees.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(c)   of any property  under  the Administrations- General Act 1962   (Central   Act 45 of 1963);

Thirty five rupees.

 

(d)   of any trust-property  from one   trustee   to    another trustee   or  from a trustee to a beneficiary.

Exemptions

Twenty    rupees    or such   smaller amount  as  may    be  chargeable under clauses (a)  and (b) of this Article.

 

Transfers by endorsement — (a)    of a bill of exchange, cheque or promissory note ; (6)    of a bill of lading,  delivery order warrant.  for  goods,   or other mercantile document of title to goods ; (c)    of a policy of insurance; (d)    of securities of the  Central Government.

 

 

 

54.  Transfer of Lease by way of assign ment, and not by way of  under lease

The same  duty  as a Conveyance (No. 20) for a consideration equal to the amount of the consideration for the transfer.

 

65.   Trust —

A.    Dedication of - of, or, concerning      any     property when made by any writing, not being a will or a declaration   as      provided   in section 2 (24).

The stamp duty as a Bottomry Bond (No. 14)  for  a sum  equal to the amount or value of the property concerned,  as  set forth in the instrument;  but   not  exceeding ninety rupees.

 

B.    Revocation   of-cf,  or,   concerning,     any     property when made by any instrument other than a will.

The same duty as a Bottomry bond (No. 14) for a  sum equal  to the amount, or value of the  property concerned,  as  set  forth  in the instrument,    but  not exceeding sixty rupees.

 

56.   Warrant for  goods,   that is to say, auy  instrument   evidencing the title of any person therein named or his assigns, or the holder there of to the property in any   goods lying in or upon any dock, ware house or wharf, such instrument being signed or  certified  by or or. behalf of the person in whose custody such goods may be.

One rupee fifty paise.

 

SCHEDULE  I

Stamp-Duty on Instruments

(See Section 3)

Description of instrument

Proper stamp duty

(1)

(2)

XX                                   XX XX                                  XX

XX XX

11. Articles of olerkship or  contract whereby any person first becomes bound to servo as a clerk in order to his admission as  an attorney in any High Court.

Two hundred and fifty rupees.

XX                                    XX X X                                    XX

XX

XX

13.  Bill  of  exchange  (aa   defined  by section 2 (2) ) not being a bond bank-note   or  currency-note —

(a)    [.........] (b)    When'  payable   otherwise than on demand — (i)    where      payable    not more than three months after date   or   sight —

 

 

if   the  amount  of  the bill or note does not exceed Rs. 500

One rupee twenty-five naye paise.

if  it  exceeds   Rs. 500 but does   not    exceed Rs. 1,000.

Two rupees fifty naye paise.

and for every additional Rs. 1,000 or part there of in excess of Rs. 1,000 (ii)  where   payable   more than three months but not.    more     than    six months after   date or sight —

Two rupees fifty naye paise.

*   Omitted by Central Act V of 1927.

Description of instrument

Proper stamp duty

 

(1)

(2)

 

if  the  amount  of the bill  or  note  docs not exceed Rs. 500

Two rupees fifty naye paise.

 

if  it  exceeds    Rs. 500 but does   not   exceed Rs. 1,000

Five rupees.

 

and for every additional Rs. 1.000 or part there of in excess of Rs. 1,000 (iii) where     payable   more than   six    months but Dot   more    than    nine months after   date   or sight —

Five rupees.

 

if the  amount  of the bill  or note  does not exceed Rs. 600

Three   rupees Seventy-five naye

paise.

 

if  it exceeds Rs.  500 but   doos    not exceed Rs. 1,000

Seven rupees fifty nayo paise.

 

and   for   every    addi tional     Ra.   1,000     or part thereof in  excess of Rs. 1,000.

Seven rupees fifty naye paise.

 

(iv)  where    payable   more than nine months but not more than one year after date or sight — if the amount of the bill  or  note does  not exceed Rs. 500

Five rupees.

 

if  it exceeds    Rs. 500 but does   not   exceed Rs. 1,000

Ten rupees.

 

and for   every   additional Rs. 1,000 or part thereof   in  excess    of Rs. 1,000

Ten rupees.

 

Description of Instrument

Proper stamp duty

(1)

(2)

(c)    where payable at. more than one   year    after    date    or sight —.

 

 

if   the  amount   of the bill   or  note  does  not

exceed Rs. 500

Ten rupees.

it  it   exceeds    Rs. 300 but does  not   exceeds Rs. 1,000

Twenty rupees.

and  for    a very    additional Rs. 1,000 or part thereof  in    excess   of Rs. 1,000

Twenty rupees.

14   Bill of Landing (including at through biil. of landing)

Twenty-five naye paise N.B.—If a bill of lading is draws in parts, the proper stamp there for must be  borne by each one of the set,

Exemptions

(a)   Bill  of lading when the goods therein  described are received at a place  within   the   Limits   of  any port as defined under the Indian   Parts Act, 1889,  and are  to be  delivered at another place  within the  limits of she same port.

(b)    Bill    of     lading     when executed cut of India and relating to

property to be delivered in India.

 

 

X X                                     X X

XX XX

27.   Debenture   (whether a mortgage debenture or not), being a market able security transferable

(a)   by   endorsement  or   by   the separate      instrument     of

transfer—

 

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

where the amount or value does not exceed Rs. 10

Twenty naye paise.

 

where it exceeds Rs. 10 and does not exceed Its. 60

Forty naye paiss.

 

where it exceeds  Rs. 50 and does not exceed Rs. 100

Seventy-five naye paise

 

where it exceeds Rs. 100 and

does not exceed Rs. 5500

One rupee fifty naye paise

 

where it exceeds Rs. 800 and does not exceed Rs. 300

Two rupees twenty-five naye paise.

 

where it exceeds Rs. 300 and does not, exceed Rs. 400

Three rupees.

 

where it exceeds Rs 400 and does not exceed Rs. 600

Three rupees   seventy-five naye

paise.

 

where it; exceeds Rs. 500 and

does not exceed Rs. 600

Four rupees fifty naye paise.

 

where it exceeds Rs. 600 and does not exceed Rs. 700

Five   rupees    twenty-five   naye paise.

 

where it exceeds Ra. 700 and

does not exceed Rs. 800

Six rupees.

 

where it exceeds Rs. 800 and doss not esceed Rs. 900

Six rupees seventy-five naye paise

 

where it exceeds Rs. 900 and does sat exceed Rs. 1,000

Seven rupees fifty naye paise.

 

and for every Rs. 500 or part thereof   in  excess of Rs. 1,000

Three rupees seventy five naye

paise.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(b)    by delivery —

where the amount or   value of the consideration for such debenture as set forth   the rein does note exceed Rs. 50

Seventy-five naye paiae.

 

where it exceed Rs. 50 but does not exceed Rs. 100

One rupee fifty naye paise.

 

where it exceeds Rs. l00 but but does not exceed Rs. 200

Three rupees.

 

where it exceeds Rs. 200 but does not exceed Rs 300

Four rupees fifty naye paise.

 

where it exceeds Rs. 300 but does not exceed Rs. 400

Six rupees.

 

where it exceeds Rs. 400 but does not exceed Rs. 500

Seven rupees fifty naye paiae.

 

where it exceeds Rs. 500 but does not exceed Rs  600

Nine rupees.

 

where it exceeds Rs. 600 but does not exceed Ra. 700

Ten rupees fifty naye paise.

 

where it exceeds Rs. 700 tut does not exceed Rs. 800

Twelve rupees.

 

where it exceed Rs. 800 but does not exceed Rs  900

Thirteen rupees fifty  naye paise.

 

where it exceeds Rs. 900 but does   not exceed   Rs. 1,000

Fifteen rupees.

 

and for every   Ra. 500   or part    thereof in  excess of Rs. 1,000 Explanation:—   The term Debenture   includes   any   interest   coupons attached thereto but the amount of such coupon shall not be included in estimating the duty.

Seven rupees fifty naye paiae.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

Exemption

A debenture  issued by an incorporated company or other body corporate in terms of a registered mortgage deed, duty  stamped in respect of the full amount of debentures to be  issued there under  whereby   the company or body borrowing makes over,  in whole or in part, their   property to trustees for   the   benefit   of    the   debenture holders :

Provided  that  the  debentures so issued are  expressed to  be issued in terms of the said mortgage-deed;

 

 

 

XX                  XX                  XX XX                 XX                  XX

XX                XX XX                 XX

 

37.  Letter of credit, that is to say, any       instrument by which one person authorizes another to give credit to the person in whose favour it is drawn.

    Fifteen naye paise.

 

XX              XX              XX XX              XX              XX

XX              XX XX              XX       .

 

47.  Policy of Insurance :—

    If drawn singly          If   drawn   in duplicate   for each part.

 

A.    Sea Insurance (see section 7)-(1)   for or u] on any voyage—

 

 

 

(i)   where   the premium or consideration does not exceed the rate of one-eighth percentem of the amount insured by the policy;

   Ten naye paise.     Five naye paise.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(ii)  in any other caste,  in respect   of every full sum of one thousand five   hundred rupees und also any fractional part of one thousand five   hundred rupees insured by thy policy;

Ten naye paise.      Five naye paise

 

(2)    for time— (iii) in   respect   of every full sum of one thou sand  rupees and also any fractional part of one thousand  rupees insured by the policy

 

 

 

      where the insurance shall be made for any lime not      exceeding    six months;

Fifteen     naye        Ten naye paise. paise.

 

    where the insurance shall be made fur any time exceeding six months and    not   exceeding twelve months.

T w e n t y-fi ve        Fifteen     naye naye paise.           paise.

 

B.    Fire  Insurance   and   other classes   of    insurance,   not elsewhere  included in this article,      covering    goods, merchandise, personal effects, crops and other property against loss  or damage—

(1)    in respect of  an original policy—

 

 

 

(i)'  when the sum insured does not exceed  Rs.

5000.

Fifty naye paise.

 

(ii)  in any other case

One rupee.

 

(2)   in respect of each receipt for    any   payment  of a premium on any renewal of an original  policy.

One-half of the duty payable in respect of the original  policy in addition   to the amount if any, chargeable under No. 53.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

C.    Accident and Sickness Insurance(a)    against   railway accident valid for a simple journey only.

Exemption When    issued    to   a passenger    traveling by   the   Intermediate

or the   third class to any railway.

Ten naye paise.

 

(b)    in any other case—for the maximum amount  which may   become   payable  in the    case   of  any   single accident or sickness where such    amount    does   not exceed Rs. 1,000 and also where such    amount exceeds   Us.   1,000   for every Rs. 1,000   or  part thereof.

Fifteen naye paise. Provided that in case of a policy of insurance   against death by accident when  the annual premium  payable  doss  not exceed Rs, 2-50 per Rs. 1,000 the duty on such   instrument shall be ten naye paise for every Rs. 1,000 or part tlsereof pf    the  maximum amount    which    may    become payable under it.

 

CC.    Insurance by way of Indemnity Against  liability to pay damages on account 0! accidents to workman employed by    or    under  the insurer or against liability to pay  compensation under the   Workmen's   Compensation  Act,   1923 for every Rs.   100   or    part thereof payable as premium.

Ten naye paise.

 

D,    Life Insurance Group insurance    or   other   insurance not   specifically   provided, for except  such a re-insurance   as   is   described in division E of this Article—

 

 

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(i)   for every  sum insured not exceeding Rs 250.

If drawn singly           If   drawn   in duplicate   for each part.

Fifteen   naye       Ten naye paise. paise.

 

(ii)  for every sum insured exceeding   Rs. 250 but not exceeding Rs, 500.

Twenty  naye       Fifteen   naye paise.                   paise.

 

(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for  every Rs. 1,000 or part thereof in excess of Rs. 1,000.

Forty     naye       Twenty-five paise.                       naye paise.

N.B.—If a policy of group insurance is renewed or otherwise modified whereby the sum insured exceeds the  sum  previously injured  on which stamp duty has been paid, the proper stamp must be  borne on the excess sum so insured.

 

Exemption Policies of   life-insurance granted by the  Director-General of Post-Offices in accordance with rules for Postal    Life     Insurance issued under the authority of the    Central Government.

 

 

 

E.    Re-Insurance by an insurance Company, which has granted a Policy of the naturo specified in    Division    A     or Division B  of  this Article with another   company by way of indemnity or guarantee against payment on the original insurance  of a certain part of the sum insured thereby.

One quarter of the duty payable in respect of the original Insurance but not less than ten naye paise or more than one rupee: Provided that  if the total amount of duty payable is not a multiple of five   naye  paise,   the total amount shall be rounded off to the next higher multiple of five naye paise.

 

Description of instrument

Proper stamp duty

 

(1)

(2)

 

General Exemption

Letter of oover  or engagement to issue a policy of insurance :

Provided   that, unless such letter or engagement bears the stamp prescribed by this Act for such policy, nothing shall    be claimable  there under nor shall it be available for any purpose, except  to compel the delivery of the policy therein mentioned

 

 

 

XXX                                                 XXX XXX                                              XXX

XXX

XXX

 

49.   Promissory  Note  (as   defined  by section 2 (28) )—

(a)   when payable on demand—

 

 

 

(i)      when the  amount or value does not exceed Rs. 250

Ten naye paise.

 

(ii)     when  the amount  or value exceeds Rs. 250, but   does not  exceed Rs. 1,000

Fifteen naye paise.

 

(iii)   in any other oa3e

Twenty-five naye paise.

 

(b)    when    payable    otherwise than on demand

Tha same duty as a Bill of Exchange (No. 13)    for the same  amount p a y a ble    otherwise   than  on demand.

 

XXX                                                 XXX XXX                                                 XXX

XXX XXX

 

52.   Proxy empowering any person to vote at any one election of the members of a district or local board, or of a body of municipal commissioners, or at   any  one meeting of :

*[Thirty paise]

 

*   Substituted for  the words "Fifteen naye poise"  by Section 40  of the Finance Aot, 1976.   (Central Act 80 of 1976.)

Description of instrument

Proper stamp duty

(1)

(2)

(a)   members of an incorporated company  or other   body corporate whose stock   o r funds is of are divided  into shares and transferable

(b)   a local authority or

(c)    proprietors,    members    or contributors to the funds of

my institution,

 

 

53.   Receipt [as defined  by section 2 (23) ]  for any money  or other property, the amount or value of which exceeds twenty rupees.

Exemptions Receipt

(a)   endorsed on or contained in any instrument duly stamped,  or any instrument exempted    under   the proviso to section 3 instruments executed on behalf of the  Government   or   any cheque or bill  of exchange payable on demand acknowledging the  receipt of the consideration money therein expressed, or the receipt of any principal   money, interest or annuity or other periodical payment thereby secured ;

(b)  for any payment of money without consideration :

(c). for any payment of  rent by a cultivator or account; of land assessed to Government revenue, or in  the States of Madras, Bombay and Andhra as they existed immediately before  the    1st  November, 1956, or inam lands ;

*[Twenty paise]

*   Substituted for  the  words "Ten naye poise"  by Section  40  of the Finance Act, 1976.    (Central Act 66 of 1976)

Description of instrument

Proper stamp duty

 

(1)

(2)

 

(d)    for   jay  or allowances by non-commissioned or petty officers,  soldiers,  sailors or airmen     of       the     Indian military,       naval     or    air forces  when serving in such capacity,    or   by   mounted

police constables

(e)   given by holders of family certificates in eases  where the person from whose   pay or allowances the sum  comprised in   the receipt has been assigned is & non-commissioned  or petty  officers, soldier,   sailor or airmen  of any of thesaid forces and serving in such capacity;

(!)   for pensions or  allowances by   persons   receiving such pensions or   allowances  in respect of their  services as such non-commissioned or pe tty officers, soldiers, sailors or airmen and not nerving the Government in   any   other capacity;

(g)  given    by   &  headman   or lambardar for land revenue or taxes collected by him;

(h) given for money or securities for money deposited in the hands of any banker, to be accounted for ;

 

 

Description of instrument

Proper stamp duty

(1)

(2)

Provided   that  the same is not ex pressed to be received of, or by the hands of, any other than the person  to  whom   the same is to be accounted for:

Provided also that this exemption shall not extend to a receipt or acknowledgment    for   any   sura paid or deposited   for, or upon a letter of allotment of a share, or in  respect of a call  upon any scrip or share of, or in any incorporated  company  or other body corporate  or such proposed or intended company or body or in respect of  a  debenture  being a marketable security.

 

 

XX                                           XX XX                                           XX

X X X X

62.  Transfer (whether with or with out consideration).

 

 

  (a)   of shares in an incorporated company    or   other    body corporate.

Seventy five naye paise for every hundred rupees or part thereof of the value of the share.

XX                                          XX XX                                           XX

                               x x

                             xx