See section 3 - Department of Registration and Stamps, Maharashtra

Transcription

THE MAHARASHTRA STAMP ACT
STAMP DUTY ON INSTRUMENTS
(See section 3)
Description
Proper
Instrument
1
1.
ACKNOWLEDGEMENT of
2
Duty
-
a debt writteti or signed by, or
on behalf of, a debtor in order to supply
evidence of s u c h debt in any book (other
t h a n a b a n k e r ' s p a s s book) or on a
separate piece of paper when s u c h book
or paper is left in the creditor's possession,
and the amount or value of such
exceeds
rupees 5,000 b u t
does not exceed rupees 10,000; and,
One rupee.
for every r u p e e s 1 0 , 0 0 0
or p ar t thereof in excess of r u pe e s
10,000.
One rupee subject to a maximum of
hundred rupees]
a letter, article, document, parcel,
package or co ns i g nm en t , of a n y n a t u r e
or description whatsoever or by whatever
n a m e called, given by a person, courier
company, firm or body of persons whether
i n c o r p o r a t e d or u n i n c o r p o r a t e d to t h e
sender of s u c h letter, article, document,
parcel, package or consignment.
One r u p e e for every r u p e e s o n e
hundred or p ar t thereof of the
amount charged therefor];
STAMPS
BE USED
- Adhesive
Schedule
substituted by Mah. 27
1985.
51.
Article I
renumbered as sub-clause
by Mah. 29 of 1994, s.
3. Deleted by Mah. 32 of 2005,
5
7-5-2005).
4 . These words were substituted for the words 'fifty rupees" by the Mah. Tax Laws (Levy, Amendment and Validation)
Act, 2004
inserted by Mah. 29 of 1994
5.
2.
The
[Art. 2
Stamp Act
2. ADMINISTRATION BOND, including a
bond given under section 6 of the Government
Savings Banks Act, 18 7 3 (V of 1873) or the
Indian Succession Act, 1925,
of
(a) where t h e a m o u n t d o es n o t
exceed
2,500;
(b)
in any other case.
The same duty a s Bond (Article 13)
for such amount.
'[One hundred rupees.]
STAMPS TO BE USED - Non-Judicial Stamp
Paper
under Rule 6 or Impressed
Special Adhesive Stamp affixed by Proper
under Rule 11.
3. ADOPTION DEED, that is to say, any
in s t ru me n t (other t h a n a Will) recording a n
adoption or conferring or purporting to confer a n
authority to adopt.
hundred rupees.]
Paper
under Rule 1 1 .
4. AFFIDAVIT, that is to say, a statement
in writing purporting to be a statement of facts,
signed by the person making it and confirmed by
him on oath or, in the case of persons by law
allowed to affirm or declare instead of swearing,
by affirmation.
hundred rupees.]]
Exemptions
Affidavit or declaratio n in writing wh en
(a) a s a condition of enrolment under
the Air Force Act, 1950, (XLV of 1950) the
Army Act, 1950
of 1950) or the Navy
Act, 1957
of 1957);
by the
Tax Laws (Levy, Amendment and Validation)
Act, 2004 s.
2. These words were substituted for the words 'One hundred
Mah. 22 of 2001,
1-5-2001).
3. These words were substituted for the words 'Twenty rupees" by :he Mah.
Laws (Levy, Amendment and
Validation) Act, 2004
1 . These words were substituted for the words 'Fifty
Art.
Schedule- 1
(b) for the immediate purposes of
being filed or used in any Court or before
the officer of any Court; or
(c) for the sole purpose of enabling
any person to receive any pension or
charitable allowance.
Paper
under Rule 1 1 .
5. AGREEMENT OR ITS RECORDS OR
MEMORANDUM OF AN
(a) if relating to the sale of a bill of
exchange;
(b) if relating to the purchase of sale
of a Government security;
I
if
relating to the
purchase or sale of shares,
stocks,
bonds, debentures, debenture stocks or any
other marketable security of a like nature
in or of any incorporated company or other
body c o r p o r a t e
when s u c h agreement or
memorandum of an agreement is with
or through a member or between
members of Stock Exchange recognised
u n d e r t he Securities Contracts
(Regulation) Act, 1956 (XLII of
in any other case;
if relating to the purchase or sale
of cotton;
'10.005 per cent of the amount of a
bill of
per cent] of the value of
security a t t he time of i t s
purchase or sale, a s the case
may be.]
per c en t ] of th e value of
the security a t the time of its
may be.
per ce nt ] of t he value of
the security a t the time of its
may be.
cotton.]
1. This portion was substituted for the words "One rupee for every rupees 10,000 or part
15 of 2011, s . . ... Enforcement date vet to be declared.
2. This portion substituted by Mah. 32 of 2005, S.
7-5-2005)
3. This portion was substituted for the words
paise for every rupees
or
Mah. 15 of 2011,
Enforcement date yet to be declared.
4. This portion was substituted for the words "One rupee for every rupees 10.000 or part
15 of 2011, s.
Enforcement date yet to be declared,
5 This ponion was substituted for the words "Ope rupee for every rupees 10.000 or part
15 of 2011.
6. This
was substituted for the words "One
for every rupees 10,000 or part
15 of 2011, s .
thereof' a s amended by
part thereof' a s amended by
thereof' a s amended by Mah.
thereof' a s amended by Mah.
The Maharashtra Stamp Act
[Art. 5
(e) if relating to the purchase or sale
of bullion or species;
silver or gold or sovereigns, a s
the case may be.]
if relating to purchase or sale of
per cent) of the value of oil
seeds.]
if relating to the purchase or sale
of yarn of any kind, non-mineral oils or
spices of any kind;
per ce nt ) of the value of
yarn of any kind, non-mineral
oil or spices of any kind, a s the
case may
if relating to giving authority
or power to a promoter or a developer, by
whatever name called, for construction on,
development of or, sale or transfer (in any
m a n n e r whatsoever) of, a n y immovable
property.
'[The same duty a s is leviable on a
Conveyance u n d er clauses (b)
a s the case may be, of
Article 25, on the market value
of the property:]
oil seeds;
(g)
Provided that, the provisions of section
sh al l , rnutatis rnutandis,
apply to s u c h ag re em en t ,
records thereof or memorandum,
a s they apply to an instrument
under that section:
Provided fu rt h e r that, if t h e proper
stamp duty is paid under clause
(g) of article 48 on a power of
attorn ey executed between the
s a m e parties in respect of the
same property then, the s t a m p
duty u n d e r this article shall be
one hundred rupees].
1. This portion substituted by Mah. 32 of 2005, s.
2. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' a s amended by Mah.
15 of 2011,
3. This portion was substituted for the
"One rupee for every rupees 10,000 or part thereof' a s amended by Mah.
15 of 2011,
4. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' a s amended by Mah.
of 2011,
5. Clause (g-a)
inserted by
9 of 1997, and deemed to have been inserted,
6. Re-numbered by Mah. 32 of 2005,
5
7-5-2005).
7 This portion was substituted 'Five rupees for every five hundred rupees or part thereof of the market value of the
prope y", by Mah. 16 of 2008, s.
5-6-2008).
8.
letters and word substituted for the
letters and words
or
by Mah. Tax
(Levy. Amendment and Validation) Act, 2012. Mah. 8 of
25-4-2012).
i
if relating to the purchase of one
or more units in any scheme or project by
a person from a developer:
Provided t ha t, on conveyance of
property by the person, under an agreement
under this sub-clause to the subsequent
purchaser, the duty chargeable for each
un it u nd er this sub-clause shall be
adjusted against the duty chargeable under
Article 25 (conveyance) after keeping the
balance of one hundred rupees, if such
transfer or assignment is made
a period of one year] from the date of the
agreement. If on adjustment, no duty is
required to be paid, then the minimum
duty for the conveyance shall be '[rupees
one hundred].
Same duty a s
leviable on
conveyance under clause (a), (b)
as the case may be, of
25 on the market value
of the unit,];
Explanation- For the purposes of this
sub-clause, the unit shall include a flat,
apartment, tenement, block or any other
unit by whatever name called, a s approved
by the Competent Authority in the building
plan.
*
if relating to transfer of tenancy
of immovable property, for every square
metre of the area of the tenanted property
the right of tenancy in which is the subject
matter of transfer and situated within the
limits
(z)
Greater
the Municipal Corporation of
(A) for the purpose of
residential u s e of any n a t u r e
whatsoever;
same duty a s is
Article
under
added by
32 of 2005,
7-5-2005).
1. Sub-clause
2. These words were substituted "within a period of three years from", by Mah. 16
5-6-2008).
(c) or (d)" by Mah. Tax Laws
3. These brackets, letters and word substituted for the brackets, letters and wards
(Levy, Amendment and Validation) Act, 2012, Mah. 8 of 2012, s.
25-4-2012).
4. Clause
were deleted by Mah. 38 of 1994
5. Clause
was inserted by
29 of 1994
1.5.1994).
6. These words were substituted for the words 'Two thousan d rupees" a s amended by Mah. 15 of 201
s.
16-9-2011).
for the
residential use;
purpose
[Art. 5
of
(1) having area
27.88 squares metres (300
square feet);
having area more
than 27.88 squares metres
(300 sqaure feet)]
(2)
hundred rupees].
same duty as is
Article
under
same duty as is
Article
under
the Municipal Corporations
of the Cities of Thane,
Nagpur
and Navi Mumbai (A) for the purpose of nonresidential us e of any n at ur e
what-soever;
for the
residential use;
purpose
of
having area
square feet);
(1)
having area more
than 27.88 squares metres
(300 sqaure feet)]
hundred rupees]
same duty as is
Article
under
same duty a s is
Article
under
any Municipal Corporations
other
than
those
Municipal
Corporations mentioned
columns (i]
and
(A) for the purpose of non-
residential use of any na tu r e
whatsoever;
1).
1. This portion was substituted by Mah. 15 of 201 1,
Prior to substitution read as under for the purpose
residential use
hundred rupees
2. These words were substituted for the words 'One thousand rupees' a s amended by Mah. 15 of 2011,
3
This portion was substituted by Mah. 15 of 2011,
16-9-2011).
Prior to substitution read a s under for the purpose of residential use;
One hundred rupees
4. Sub-clause
was substituted a s Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001,
5. These words were substituted for the words
hundred rupees" as amended by Mah. 15 of 2011.
16-9-2011).
Art.
'[(B) for t h e p u rp o s e of
residential use;
if
(1) having a re a
square feet);
'[Fifty rupees.]
(2) having area more
th an 27.88 squares metres
(300 sqaure feet)]
'[The same duty as is
Article
relatin g
to
h i re - p u r ch as e
Sa m e d u t y as is payable
Article
Explanation
Explanation
relating to, (i) an y adv ertisemen t on m a s s
media, made for promotion of any product;
or programme or event with an intention to
make profits or business out it, (a) if th e amo unt agreed does
not exceed rupees ten
Two
and
paise for
rupees 1,000 o r part
the amount agreed in the
s u b j ec t to minimu m of
16-9-2011).
was substituted by Mah.
201
.
.
to substitution read a s under
(B) for the purpose of residential use:
rupees
2. Inserted by Mah. Tax Laws (Levy and Amendment) Act.
29 of 1994.
1-5-1994) Notification No.
dt.
3. Explanation I and were inserted by
Tax Laws
and Amendment] Act, Mah. 29 of 1994, to which
was not brought into force and
which was
into force
1-5-1994 was deleted by Mah. 38
17.8.1994).
Explanation
For the purpose of clauses
and
the provisions of section 32A shall apply
to
agreement, records thereof or
a s they apply to an instrument under that
Explanation
For the purpose of clauses (g-a) and
where subse quentl y conveyance or mortgage,
case may be, is executed in pursuance of such agreement or record thereof or memorandum, the stamp
any, already paid and recovered on the agreement or record thereof or memorandum shall be adjusted
the total duty leviable on the conveyance or
a s the case may be.
Clause
substituted by the Bombay Stamp (Amendment) Act, 2005,
5
7-5-2005)
Clause (A) substituted by the M a h Tax Laws (Levy. Amendment and
Act. Mah. 1 7 of
1-7-2009)
This
on
-
,
.
The
[Art. 5
Act
2
(b)
in any other case
Five rupees for every rupees 1,000 or
part thereof on the amount agreed
in the contract.
(ii) conferrin g exclusive rights of
telecasting, broadcasting or exhibition of a n
event or a film, (a) if th e am o u n t agreed does
not exceed rupees ten lakhs;
(b)
in any other case
Two rupees and fifty paise for every
rupees 1,000 or part thereof on
the amount agreed in the contract
su b j ec t to minimu m of r u p e e s
100.
in the contract.
(iii) specific performsn ce by a n y
person or a group of persons where the
value of contract exceed rupees
(a] if the amou nt agreed does
not exceeds rupees ten lakhs;
(b) in any other case
rupees 1,000 or part thereof o n
su b j ec t to m in i m u m of r u p e e s
100.
in the contract.
I
(iv) creation of any obligation, right or
interest and having monetary value, but not
covered under any other article, -
(a) if t h e amount agreed does
not exceed rupees ten
(b)
in any other case
i
One rupee for every ru p e es 1, 0 0 0
or p a r t thereof on t h e a m o u n t
agreed in the contract subject to
minimum of rupees 100.
Two rupees for every rupees 1,000 or
in the contract.
Art.
Schedule-
(v) assignment of copyright under the
Copyright Act, 1957, (a) if the amount agreed does
not exceed rupees ten lakhs;
in any other case
rupees 1,000 o r part thereof on
su b j ec t to minimum of r u p e e s
Five rupees for every
1,000 or
in the contract.
(vi) project 'under Built, Operate and
Transfer (BOT) system, whether with or
without toll or free collection rights, (a] if the amount agreed does
not exceed rupees Five lakhs;
One ruprees for every rupees 1,000
or p a r t thereof o n t h e a m o u n t
agreed in the contract subject to
minimum of rupees 100.
Two rupees for every rupees 1,000 or
in the contract.]
(B) if not otherwise provided for,
Explanation.-- No d u t y s h a l l be
chargeable o n agreements o r its record
covered u n d e r sub-clauses (b) a n d (c] of
this article, if proper duty is paid under
article
Exemptions
Agreement or its records or Memorandum
of
(a) for or relating to the purchase of
sale of goods o r merchandise exclusively,
not being a n agreement or memorandum of
agreement chargeable under entry
entry
(e ), entry
or entry (g) of this Article or
a note or memorandum chargeable under
Article 43;
One hundred rupees.";
The
[Art. 6
Stamp Act
AGREEMENT TO LEASE : See Lease (Article
Paper
under Rule 1 1 .
for Art. 5
for Art. 5 (a) t o
adhesive under section 1 1
for Art. 5 (h) impressed stamp under Rule 6
6. AGREEMENT RELATING TO DEPOSIT
OF TITLE DEEDS, PAWN, PLEDGE, OR
HYPOTHECATION, that is to say, any instrument
evidencing an agreement relating
The deposit of title d ee ds or
instrument constituting or being evidence
of the title to any property whatever (other
than a marketable security), where su ch
deposit has been made by way of security
for the repayment of money advanced or to
be advanced by way of loan or a n existing
or future debt;
(a) if the a m o u n t secured by
such deed does not exceed rupees five
or part thereof for the amount
secured by such deed subject
to the minimum of one hundred
rupees.
rupees for every rupees 1,000
or part thereof, for the amount
secured by such deed, subject
t o t he maximu m of t en lak h
rupees].
9 of 1988,
22-4-1988).
1. Clauses
and
were deleted by
2. Clause
and (2) were substituted by
Laws (Levy Amendment and
Act.
1-7-2009), s.
3.
lor the words
thereof for the
by
deed."
Lawa (Levy, Amendment and
2014,
1-7-2014).
17
2009.
part
Act.
Art.
Schedule-l
(2) T h e
p aw n,
pledge,
or
hypothecation of movable property, where
s u ch pawn, pledge or hypothecation h a s
been m a d e by way of security for their
repayment of money advanced or to be
advanced by way of loan or an existing or
future debt,
(a) if th e a m o u n t s e c u r e d by
such deed does not exceed rupees Five
lakhs;
One rupee for every one t ho us an d
or part thereof for the amount
secured by such deed subject
rupees.
'[Two rupees for every rupees 1,000
or part thereof, for the amount
secured by such deed, subject
to th e maximum of ten l a k h
rupees.]
I].-For the purposes of
clause
of this Article, notwithstanding
a n y th i n g c o n t a i n e d i n a n y ju dg em ent ,
decree or order of any court or order of any
authority, any letter, note, memorandum
or writing relating to th e deposit of title
d e e d s w h e t h e r written o r ma de'e it h e r
before or a t t h e time when or after t h e
dep os it of title d e e d s is effected, a n d
whether it i s in r es p ect of t h e security
for th e first loan or a n y additional loan
or loans taken subsequently, such letter,
note, me mo ran du m or writing sh al l, i n
t h e a b s e n c e of a n y s ep ar at e agreement
or memorandum of agreement relating to
deposit of s uc h title deeds, be deemed to
be a n instrument evidencing an agreement
relating to the deposit of title deeds.
for the words and figures
for
rupees 1,000
1. These words and figures
thereof for the amount secured by such deed."
Mah.
Laws (Levy, Amendment and
2014,
1-7-2014).
1-5-2002).
2. Explanation re-numbered as 'Explanation I" by Mah. 20 of 2002, s.
part
Act,
The
Act
[Art. 7
Exemption
(2) Letter of hypothecation accompanying
a bill of exchange.
Paper
Special Adhesive S tamp affixed by Proper
under Rule 1 1 .
7. APPOINTMENT
EXECUTION OF A
POWER; where made by any writing not being a
(a) of trustees,
-
hundred rupees.]
hundred and fifty rupees.]
STAMPS TO BE USED
Stamp
Paper
Special Adhesive S tamp affixed by Proper
under Rule 1 1 .
8. APPRAISEMENT OR VALUATION, made
otherwise than under an order of the court in
the course of a suit.
Same duty a s per Bond (Article 13)
sub je ct to maximum of
hundred rupees.]
Exemption
(a) Appraisement on valuation made
for the information of one party only, and not
being in any manner
between parties
either by agreement or operation of law.
1.
Deleted for the words "Instrument of Pawn, Pledge or Hypothecation of goods, if unattested" by Mah. 9 of 1997,
Explanation was added
Mah 20 of 2002, s .
1-5-2002) and was deleted by the Mah. Tax Laws (Levy.
Amendment and Validation) Act, Mah. 17
1-7-2009) s .
the s am e Explanation read a s
"For the purposes of this
the maximum duty of ten
rupees shall be leviable for a single instrument
involved in a one time transaction. Instrument of other or subsequent transaction in respect of the same property
or of
clause in the same instrument shall be treated a s a fresh instrument"
3. These words were substituted for the words 'Fifty rupees"
17 of 1993,
4. These words were substituted for the words 'Fifty-five rupees" by Mah. 17 of 1993,
5. These words were substituted for the words "Fifty rupees" by the Mah. Tax Laws (Levy, Amendment and Validation)
Act. 2004
2.
(b) Appraisement of crops for the
purpose of ascertaining the amount to be
given to a landlord as rent.
paper
under Rule 6 or Impressed Label/
Ojjicer under Rule 1 1 .
9. 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, not being of articles of clerkship
(Article 11).
Exemption
Instrument of apprenticeship executed
under the Apprentices Act, 1961, or by which a
person is apprenticed by or at the charge of any
public charity.
Paper
under Rule 6 or Impressed Label/
Adhesive Stamp affixed by Proper
under Rule 1 1 .
10. ARTICLES OF ASSOCIATION OF A
the Company has no share capital)
or nominal share capital or increased share
capital.
One thousand rupees for every
rupees
or part thereof,
to a maximum of
Rs.
Exemption
Articles of any association not formed for
profit and registered under section 25 of the
Companies Act, 1956 [See also Memorandum of
Association of a Company (Article
1. These words were substituted for the words "Fifty rupees" by the Mah.
Laws (Levy. Amendment and Validation)
Act. 2004
2 . These words were substituted for the words "on the share capital" by Mah. 9 of 1988,
17-3-1988).
3 . These words were added a s Amended by Mah. 22 of 2001
1-5-2001).
[Art. 11
Paper
Special Adhesive Stamp
by Proper
under Rule 1 1 .
No. Mundrak.
dated 2nd August, 1994 - In exercise of the
powers conferred by clause (a) of section 9 of the
Bombay Stamp Act, 1958 (Bom. LX of 1958). the
Government of Maharashtra, having satisfied that
it is necessary to do s o in the public interest,
hereby reduces, with effect from the 1st August,
1994, the maximum duty chargeable on Articles
of Association of a Company u nd er Article 10
of Schedule 1 the said Act, to Rs. Twenty-five
11.
OF CLERKSHIP or contract
whereby an y person first becomes bound to
serve a s a clerk in order to his admission a s a n
Attorney in any High Court.
'[Seven hundred and fifty rupees.]
ASSIGNMENT,
development
agreement (Article
Conveyance] (Article
Transfer (Article 59) and Transfer of lease
(Article
as the case may be.
ATTORNEY, See e n t r y as a n Attorney
(Articles 31) and Power of Attorney (Article
AUTHORITY TO ADOPT, See Adoption Deed
(Article
-
STAMPS TO BE USED
Stamp
Paper
Adhesive Stamp
by Proper
under Rule 11.
These words were substituted for the words 'Three hundred seventy
3-5-1993).
2.
by Mah. 32 of 2005,
7-5-2005).
rupees" by Mah. 17 of 1993,
AWARD, that is to say, any decision
writing by a n arbitrator or umpire, on a
reference made otherwise than by a n order of
the Court in th e course of a su it , being a n
award made a s a result of a written agreement
to s u b m i t , pr es ent or fut ur e differences to
Arbitration but not being an award directing a
(a) on the amount of value of the
property to which the award relates a s set
forth in the award.
(b) in any other case.
The same duty a s Bond (Article.
subject to a maximum of
hundred rupees.
Exemption
Award u n d e r section 18 of the Bombay
Hereditary Offices Act, 1874
of 1874) or
section 330 of the Maharashtra Municipalities
Act, 1965 (Mah. XL of 1965).
STAMPS
BE USED Stamp
Paper under Rule 6 or Special Adhesive
Stamp
b y Proper Officer u n d er
Rule 1 1 .
13. BOND not being a debenture and not
being otherwise
for by any provisions of
this Act (whether or not such provisions relate to
any particular types of Bonds), or by the Bombay
Court-fees Act, 1959
of 1959) for
every rupees five hundred or part thereof.
I
rupees subject to a minimum
of rupees one hundred]
Exemption
Bond when executed by any person for the
purpose of guaranteeing that the local income
derived from private subscriptions or a charitable
dispensary or hospital o r an y other object of
public utility shall not be less than a specified
sum per mensem.
1. These words were substituted for the words
rupees" by
17 of 1993,
2. These words were substituted for the words "Five
by the Mah. Tax Laws (Levy, Amendment and Validation)
Act, 2004 s.
The
[Art. 14
Stamp Act
-
STAMPS
BE USED
Stamp
Paper un der Rule 6 or Special Adhesive
S t a m p a ff ix e d by Proper Officer u n d e r
Rule 11.
14.
BOND, that is to say, any
instrument whereby the master of a seagoing
ship borrows money on the security of the ship
to enable him to preserve the ship or prosecute
her voyage.
The same duty as a Bond (Article 13)
for the same amount.
-
STAMPS
BE USED
Stamp
Paper u n d e r Rule 6 or Special Adhesive
S ta m p a ff ix e d by Proper Officer un d er
Rule 1 1.
15. CANCELLATION- Instrument of, if
attested and not otherwise provided for.
Exemption
Instrument
a Will.
-
STAMPS TO BE USED Non-Judicial Stamp
Paper u n d e r Rule 6 o r
Adhesive
S t a m p a f f i x e d by Proper Officer u n d e r
Rule 11.
16. CERTIFICATE OF SALE (in respect of
each property put up a s a separate lot and sold)
granted to the purchaser of any property sold by
auction by a Civil or Revenue Court, o r
Collector or other Revenue Officer or any other
officer empowered by law to sell property by
public auction.
The s a m e d ut y a s is leviable on a
Conveyance under clause (a),(b)
Article 25 on the market value
of the property.
Paper u n d e r Rule 6 or Special Adhesive
S t a m p a ff ix e d by Proper O fficer un d er
Rule 11.
1. These words were substituted for the words "Forty rupees", by Mah. 22
2001
2. These brackets, letters and word substituted for the brackets, letters and words
or (d)" by Mah. Tax Laws
(Levy, Amendment and Validation) Act, 2012, Mah. 8
25-4-2012).
CERTIFICATE OR OTHER DOCUMENT,
the right or title of the holder thereof,
any other person either to any shares, scrip
stock in or of, any incorporated company or
other body corporate, or to become proprietor of
share, scrip or stock in or of, any such company
or body.
One rupee for every one thousand
rupees or a part thereof, of the
value of the s h a r e s , scrip or
[ S e e also Letter of Allotment of Shares
(Article
Explanation.- For the purposes of this
Article, the value of sh ar es , scrip or stock
includes the amount of premium, if any.
STAMPS TO BE USED - Adhesive Stamp
(Section 11). In Case Duty Exceeding Re.l
by Impressed Stamp
by
18. CHARTER-PARTY, that is to say, any
instrument (except an agreement for the hire of
tug steamer) 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.
hundred rupees]
Paper under Rule 6 or Special Adhesive
St am p a f f i x e d by Proper Officer under
Rule 1 1 .
19. (1) CLEARANCE LIST relating to
the transactions for the purchase or sale of
Government securities submitted to the clearing
house of a stock exchange.
The s um of duties payable und er
Article
or
a s the case
may be, in respect of each of
the entries in such list on the
value of the securities calculated
at the making u p price or the
contract price, a s the case may
be.
(2) CLEARANCE LIST, relating to the
The s u m of duties payable under
Article
or
a s the case
at the making up price or the
contract price, a s the case may
be.
transactions for the purchase or sale of a share,
scrip, stock, bond, debenture, debenture stock
or other marketable security of a like nature in
or of an incorporated company or other body
corporate, submitted to the clearing house of a
stock exchange recognised under the Securities
Contracts (Regulation) Act, 1956,
of 1956).
1. Article 17 was substituted by Mah. 29 of 1994, s.
1.5.1994).
2. These words were substituted for the words 'Twenty rupees" by the Mah. Tax Laws (Levy, Amendment and
Validation) Act, 2004, s.
(3) CLEARANCE LIST, relating to the
transactions for the purchase or sale of a share,
scrip, stock, bond, debenture, debenture stock or
other marketable security of a like nature in or
an incorporated company or body corporate,
submitted to the clearing house of a stock
exchange, not recognised under the Securities
Contract (Regulation) Act, 1956, (XLIII of 1956).
[Art. 20
Article
or
a s the
case may be, in respect of each
of the entries in such list on the
at the making u p price or the
contract price, as the case may
be.
STAMPS TO BE USED - Impressed Labels
(Rule 1 1 ) o r Special Adhesive Stamp
by Proper Officer under Rule 19.
20. CLEARANCE LIST, relating to the
transactions for the purchase or sale of cotton
submitted to the clearing house of a Cotton
Association.
(Rule
o r Special Adhesive Stamp
transactions for the purchase or sale of bullion
or
submitted to the clearing house of a
Bullion Association.
(Rule 1 1 ) o r Special Adhesive Stamp
transaction for the purchase or sale of oil seeds
submitted to the clearing house of an Oil seed
Association.
Article
or
as the case
u n i t s of transactions or part
thereof.
The s um of duties payable under
Article
or
a s the case
u n i t s of transactions or part
thereof.
Article
or
as the case
may be, in respect of the entries
in s u c h list on the u n i t s of
transactions or part thereof.
STAMPS TO .BE USED - Impressed Labels
(Rule 1 1) o r Special Adhesive Stamp
by
Officer under Rule 19.
23. C LE A R AN C E LIST, relating to the
transactions for the purchase or sale of yam of
any kind, non-mineral oils or spices of any kind.
The s u m of duties payable un de r
Article
or
a s the case
units of transactions or parts
thereof.
Art.
Schedule-I
STAMPS TO BE U S E D - Impressed Labels
[Rule 1 1 ) or Special Adhesive Stamp
24. COMPOSITION DEED, that i s to say,
any instrument executed by a debtor whereby
he conveys his property for the benefit of his
creditors or whereby payment of a composition
o r dividend on their debts i s 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 creditors.
'[Two hundred rupees.)
STAMPS
BE USED Stamp
Paper under Rule 6 or Impressed Label/
Special Adhesive Stamp
by Proper
Officer under Rule 1 1 .
CONVEYANCE (not being a transfer
charged or exempted under Article
On the
market value] of the property
which is the subject matter of the Conveyance,-
(a ) if relating to movable property, for
every rupees 500 or part thereof;
Fifteen rupees.
1. These words were substituted for the words "one hundred rupees" by Mah. 2 2 of
s.
1-5-2001).
2. These words were substituted by the words 'market value" by Mah: 9 of 1988,
17-3-1988)
Validation of duty levied and collected.
Notwithstanding anything contained in an y judgement, decree o r order of a n y court to the contrary o r in
the Stamp Act, stamp duty assessed, levied and collected including any action taken in pursuance of su ch
assessment, levy and collection by the authorities under the said Act, acting o r purporting to act under the
provisions of article 2 5 in the Schedule to the Stamp Act shall be deemed to have been validly levied and
collected in accordance with law a s if the provisions of the said article 25, a s amended by the Maharashtra
Tax Laws (Levy. Amendment and Validation) Act, 1997, had been continuously in force a t all
time and
(a) all actions, proceedings or things done or taken by the authorities under the Stamp Act in connection with
the
and collection of the stamp duty shall,
purposes, be deemed to have been done o r taken in
accordance with the provisions of the said Act;
no suit or
proceedings shall be maintainable or continued in any court, against the said authorities
for the refund of the stamp duty so
and collected;
no court or any other authority shall enforce any decree o r order directing the refund of the sta mp duty
s o levied or collected.
For the removal of doubt, it is hereby declared that nothing in sub-section
shall be construed a s preventing
a person,(a) from questioning in accordance with the provisions of the Stamp Act a s amended by this Amendment Act.
any assessment, reassessment, levy o r collection of sta mp duty referred to in sub-section
or
from claiming refund of any stamp duty paid by him under the Stamp Act, in excess of the amount due
from him by way of stamp duty under th e said Act, a s amended by this Amendment Act.
[The Mah. Tax Laws (Levy, Amendment and Validation) Act 3 0 of 1997, s . 9 ,
15-5-1997).
The
Act
[Art. 25
if relating to immovable property
situated,within t h e limits of
a n y Municipal C or p o ra ti on or a n y
Cantonment area annexed to it or any
u r b a n a r e a not mentioned in
clause (ii).
5 per cent. of the market value of
the property.
Sub-clause (b) substituted by Mah. Tax Laws (Levy. Amendment and Validation) Act, 2012. Mah.
2012. s.
(i)
25-4-2012).
Prior to substitution the sub-clause read a s under:.
if relating to immovable property situated within the limits of:Twenty five rupees
any rural area, falling within the limits
the Bombay
Metropolitan Region a s defined in clause (b) of section 2 of
the Bombay Metropolitan Region Development Authority
Act, 1974, for every rupees 500 or
thereol;
any rural area, excluding the rural area referred to in sub-clause
is residential, for every mpees 500 or
Five rupees.
(A) if such
part thereof.
.
(iv)
.
if such property is non-residential for every rupees 500 or
part thereol;
'C' Class Municipal Councils (other than those of such Municipal
Councils falling within the limits of the Bombay Metropolitan Region),
Hill Station Municipal Councils
than those referred to in
entry
sub-clause
and Cantonments, if any, adjacent to
such Municipal Councils, for every rupees 500 or part thereof.
Class Municipal Councils
Municipal Council
and the areas of those
such Municipal Councils falling within
the limits of the Bombay Metropolitan Region) and Cantonment of
Kamptee, for every rupees 500 or part thereof.
'A' Class Municipal Councils excluding the areas of those of such
Municipal Councils falling within the limits of the Bombay
Metropolitan Region but including Cantonment of
for
evely rupees 500 or
thereof.
Municipal Council
Hill Station Municipal Council, Panchgani Hill
..
Station Municipal Council,
Station Municipal
Council and
Hill Station Municipal Council, for evely
rupees 500 or part thereof;
Municipal Corporation's [excluding those Municipal Corporations and
other areas referred
sub-clause
the
and 'C' Class
Municipal Councils
within the limits of the Bombay Metropolitan
Region and Cantonments of
Dehu Road and Aurangabad, for
rupees 500 or part thereof.
Municipal Corporation of Greater 'Bombay, and
(b) Municipal Corporation of the Cities
including the Cantonments of Pune and Kirkee.
Thane, including
areas within the limits of revenue
villages of
Dongaris, Rai Murdhi, Bhainder, Mire.
Chene.
Wadavali.
Kolshet,
Majiwade Chitalsar.
Manpada. Chendani, Panch-pakhadi and
for every rupees 500 or part thereof,
Fifteen rupees.
Twenty rupees.
Twenty-five rupees.
Twenty five rupees
Twenty five rupees
Twenty five rupees
Twenty five rupees
Twenty
rupees
I
within th e limits of any
Municipal Council or Nagar Panchayat
or Cantonment. a re a annexed to it,
or any r u r a l a re a within the limits
of t h e Mumbai Metropolitan Region
Development Authority, or t h e
Areas a s per t h e a n n u a l
st at emen t of r at es published un d er
the Bombay Stamp (Determination
True Market Value of Property) Rules,
1995.
4 per cent. of the market value
the property.
within th e limits of any
area or any such area
not mentioned in sub-clause (ii).
3 per cent. of the market value of
the property.
(c) if relating to both movable and
immovable property.
The same duty a s is payable under
clauses (a) and (b).
Sub-clause (d) deleted by Mah. Tax Laws (Levy, Amendment and Validation) Act. 2012,
to omission the sub-clause read as under:.
(I)
relating to residential premises consisting of building or unit (A) by, or in favour of, a co-operative housing society registered
or deemed to have been registered under the Maharashtra
Co-operative Societies Act, 1960 (Mah.
of 1961) or
to which the
of the Maharashtra Ownership Flats
(Regulation of Promotion of Construction, Sale, Management
and Transfer) Act, 1963, (Mah. XLV of 1963) or the provisions
of the Maharashtra Apartment Ownership Act. 1970.
(Mah. XV of 1971) apply; or
by such society in favour of its member or incoming member
(whether in consequence of purchase of its shares or not); or
by a member of such society in favour of another member and
incoming member (whether in consequence of transfer of its
to another member or not);
and the value of
does not exceed rupees
( I)
exceeds rupees
but does not exceed rupees
exceeds rupees
(2)
relating to land for construction payable
residential premises
and falling under the descriptions
itema (A),
or
or
sub-clause
One hundred rupees
100 rupees plus
3 per cent of the
value above
rupees
7,600 rupees plus
5 per cent of the
value above
rupees
The same duty a s is
payable under
sub-clause
The
if
the order of High
C o u r t in r es pe ct of t he amalgamatio n
o r r ec on st ru ct io n of com pani es u n d e r
section 394 of the Companies Act, 1956
or under the order of the Reserve Bank
of lndia under section 44A of the Banking
Regulation Act, 1949.
Act
[Art. 2 5
per cent. of the aggregate of the
m a r k e t value of th e s h a r e s
issued or allotted in exchange
or otherwise a n d the a mo u n t
of consideration paid for su ch
amalgamation :
Provided that, the a mo un t of duty,
chargeable u n d e r t h i s cl aus e
shall not exceed, a n amou nt equal to
per c e n t . ] of t h e t r u e market
value of the immovable property
located within t h e S t a t e of
of the transferor
company; or
(ii) a n amount equal to 0 . 7
per c e n t , of t h e aggregate of
the market value of the shares
issued or allotted in exchange
or otherwise a n d t he a m o u n t
of consideration paid, for such
ama lg am at io n , whichever i s
higher :
Clause
was substituted by Mah. of 2002.
1-1-2000.)
2. These figures and words were substituted for the figure and words
Amendment and Validation), Act, 2004,
per cent" by the Mah. Tax Laws (Levy,
Provided f u r t h e r t h a t , in c a s e of
r ec o n s t ru ct i o n o r d em e rg e r
the d u ty chargeable sh all not
exceed,( i) a n a m o u n t eq u a l to
per c e n t . ) of th e t r u e m a rk et
value of the immovable property
lo cated within t h e S t a t e of
M a h a r a s h t r a tr an s f er re d by
the Demerging Company to the
Resulting Company; or
an amount equal to 0.7
p e r c e n t u m of t h e agg reg a te
of t h e m a rk et v a lu e of t h e
shares issued or allotted to the
R es u l ti n g C o m p an y a n d t h e
a m o u n t of consideration paid
for such demerger, whichever is
higher.]
1. These figures and words were substituted for the figure and words
per cent" by the Mah. Tax Laws (Levy,
Amendment and Validation), Act. 2004,
2. Clause
deleted and deemed to have been deleted
the 15th September, 1996, by Mah. Tax Laws (Levy.
Amendment and Validation) Act 30 of 1997,
15-5-1997).
in amalgamation of companies under the order of the High Court under section 394
Fifty rupees]
of the Companies Act, 1956 for every rupees five hundred or part thereof;
I
The Maharashtra Stamp
[Art. 25
Exemption
Assignment of
Copyright Act, 1957
copyright u n d e r
of 1957).
th e
the p u r p o s e s of
this article, where in t he ca s e of agreement
to sell a n immovable property, the possession
of any immovable property is transferred
agreed to be transferred] to the purchaser before
the execution, or a t t h e time of execution,
or aft e r t h e ex ecut i o n of, s u c h ag re em en t
*
then such agreement to sell shall be
deemed to be a conveyance an d s t a m p du ty
thereon shall be Leviable accordingly:
Provided t h a t , the provisions of section
32A s h a l l apply
to such
agreement which is deemed to be a conveyance
as aforesaid, a s they apply t o a conveyance
under that section:
Provided further that, where subsequently
a conveyance is executed in pursuance of such
ag r ee men t of sa le , t h e s t a m p d u t y , if a n y ,
already paid and recovered on the agreement of
sale which is deemed to be a conveyance, shall
be adjusted towards the total duty leviable on
the conveyance.]
also th a t where proper stamp
duty is paid on a registered agreement to sell
a n immovable property, treating it a s a deemed
conveyance and subsequently a conveyance deed
is executed without any modification then such a
conveyance shall be treated a s other instrument
under section 4 and the duty of one hundred
rupees shall be charged.)
I. 'Explanation
both the provisos was deleted by Mah. 29 of 1994. But it was not brought into force.
Subsequently by the effect of Mah. 38 of 1994
This
the provisos
ha s remained in force as earlier.
2. This 'Explanation" was renumbered a s 'Explanation
and 'Explanation
was added by Mah. 27 of 1988
s.
29-8-1988).
3. Added by Mah. 17 of 1993
1-5-1993).
4. Words 'without executing the conveyance in respect
deleted by
1994,
Now Explanation I, in the form it existed on the 17th August, 1994 deemed to have come into force
December, 1985, by Mah. Tax Laws (Levy, Amendment and Validation) Act 30 of
5. This
added by
Act No.
of
2013,
dt.
1-5-2013].
251
Schedule-
'[Explanation
For the purposes of
(da) the market value of shares,(a) in relation to th e transferee
comp any, whose s h a r e s are listed a n d
quoted for trading on a stock exchange,
means the market value of s h ar es a s on
the appointed day mentioned in the Scheme
of Amalgamation or when appointed day is
not so fixed, the date of order of the High
Court; and
(b) in relation to t h e t r an sf er ee
company, whose s h a r e s a r e n o t
listed but not quoted for trading on a stock
exchange, m ea n s t h e market value of the
s h a r e s i ss u e d or allotted with reference
to t h e ma rk et value of t h e s h a r e s of t h e
transferor company or a s determined by the
Collector after giving the transferee company
an opportunity of being heard.]
1. Explanation deleted by
Tax Laws (Levy, Amendment and Validation) Act, 2012,
Prior to omission read a s under:.
Explanation
the purposes of clause
'unit" includes a flat, apartment, tenement, block or any other unit by
(I]
whatever name called; a s approved by the Competent Authority in the
building plan
where a building consists of units used for both residential and
purposes, then the concession in duty shall be available
in respect of the value of those units in a building which a r e used for
residential purposes, an d the duty payable in respect of the units in
the building which are used for non-residential purposes shall be a t
the rates specified in clauses (b) and (c) on the value of s u c h units;
the duty payable shall not exceed t h e amount of duty payable on
s u c h conveyance under clauses
and
2. Explanation
substituted by the Mah. Tax Laws (Levy, Amendment a n d Validation) Act 30 of 1997, s.
Prior to substitution it
inserted by Mah. 9 of 1997
15-9-96], read a s under:.
Explanation
For the purposes of clause
the market value of the
shall be deemed to be the amount
of total value of shares issued or allotted by Transferee Company, either in exchange or otherwise, and th e amount
of consideration, if any, paid for su ch amalgamation.
3 . Renumbered by Mah. 32 of 2005
7-5-2005).
The
[Art. 26
Stamp Act
For the purposes of clause (da), the
number of shares issued or allotted in exchange
or otherwise shall mean, the number of shares
of the transferor company accounted a s per
exchange ratio a s on appointed date.]
Paper under Rule 6 or Impressed
Stamp affixed by Proper Officer
under Rule 1 1 .
26. COPY OR EXTRACT, certified to be a
true copy or extract by or by order of any public
officer under section 76 of the Indian Evidence
Act, 1872, (I of 1872) and not chargeable under
the law for the time being in force relating to
court-fees.
rupees.]
Exemption
(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 a public purpose.
(b) Copy of, o r ex t r ac t from, a n y
register relating to b i r t h s , b ap ti s m s ,
namings, dedications, marriages, divorces,
deaths or burials.
(c) Copy of a n y i n s t r u m e n t the
original of which is not chargeable to duty.
STAMPS TO BE USED
Paper as per Rule 13.
- Adhesive
S tam p
1 . Clause
added by Mah, 32 of 2005,
7-5-2005).
2 . These words were substituted
the words 'five rupees" by Mah. 17 of 1993, s.
27. COUNTERPART OR DUPLICATE of any
instrument chargeable with duty and in respect
which the proper duty has been paid.
The same duty a s is payable on the
original, subject to a maximum
of '[rupees one hundred.]
STAMPS TO BE USED Stamp
paper Rule 6 or Impressed
Adhesive Stamp Paper under Rule 1 1 .
28. CUSTOMS BOND OR EXCISE BOND,
that is to say, any bond given pursuant to the
provisions of any law for the time being in force
or to the directions of any officer of Custom or
Excise for, or in respect of, any of the duties of
Customs or Excise or for preventing frauds or
evasions thereof or for any other matter or thing
relating
(a) where t h e a m o u n t d o es not
exceed rupees 2,500.
DECLARATION OF
(Article 6 1).
..
..
..
The s a m e d ut y a s a Bond (Article
13) for s u c h amou nt , su bj ec t
to a maximum of rupees
hundred.]
hundred rupees.]
TRUST, See
Paper Rule 6 or Impressed
1. These words were substituted for the words 'twenty rupees" by Mah. 32 of 2005, s.
2 These words were substituted for the words 'fifty rupees" by Mah. 17 of 1993. s.
7-5-2005)
11-5 -1993).
The
29. DELIVERY ORDER
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, in any warehouse in which
goods a re stored, or deposited, on rent or
hire, or upon an y wharf,
when such
goods exceed in
hundred rupees for
rupees 10,000 or part thereof].
[Art. 29
Act
rupees.]
DEPOSIT OF TITLE-DEEDS, See Agreement
relating to Deposit of Title Deeds, Pawn, Pledge
or Hypothecation (Article 6 ) .
DISSOLUTION OF PARTNERSHIP, See
Partnership (Article 47).
'[Explanation. - For the purposes of this
article, the words 'dock or port" shall include
"airport" and "Cargo Hub."]
STAMPS
BE USED Stamp
1. These words "such
being executed by or on behalf of the owner of such goods upon the sale or transfer
of the property therein' was deleted by Mah. Act 16 of 1995,
1.9.1995).
2. These words were substituted for the words "value hundred rupees" by
29 of 1994, s.
1.5.1994).
3. These words were substituted for the words "one
by Mah. 17 of 1993.
1-5-1993).
4.
added by Mah. 32 of 2005,
7-5-2005)
30. DIVORCE- Instrument of, that is to
any instrument by which any person effects
dissolution.
hundred rupees.]
DOWER- Instrument of, See Settlement
(Article 55).
DUPLICATE, See Counterpart (Article 27)
-
TO BE USED Non-Judicial Stamp
paper Rule 6 or Impressed
Adhesive Stamp Paper under Rule I I .
31. ENTRY
F
MEMORANDUM
OF MARRIAGE i n t he register u n d e r t h e
Regulations of Marriage Bureau
and Registration of Marriages Act,
hundred rupees.]
STAMPS TO BE USED - Court Fees Stamp
Rule
and Notification dated
EXCHANGE
instrument
OF
EXCISE BOND, See C us t om s Bond o r
Excise Bond (Article 28).
The same d ut y as is leviable o n a
of the property of the greatest
value.
rupees" by
22 of 2001
1-5-2001).
1. These words were substituted lor the
2. These words were substituted for the words'Fifty rupees" by the
Tax Laws (Levy, Amendment and Validation)
Act, 2004 6(1
3. This portion substituted for 'Bombay Registration of Marriages Act. 1953 by Mah. 32 of 2005, s.
7-5-2005
V of 1954).
4. These brackets, letters and word substituted lor the brackets, letters and words
or
by Mah. Tax Laws
(Levy. Amendment and Validation) Act. 2012,
8 of 2012, s.
25-4-2012).
The
Act
[Art. 33
For the purposes of this
Article, notwithstand in g anything contained
hereinabove, the highest duty on either of the
property exchanged shall be chargeable.)
STAMPS TO BE USED
- Non-Judicial
Stamp
Paper Rule 6 o r Impressed
Adhesive Stamp Paper Rule 11.
33. FURTHER CHARGE- Instrument of,
that is to say, any instrument imposing a further
charge on mortgaged
(a) when the original mortgage is one
of the description referred to in clause (a]of
Article 40 (that is, with possession).
The s a me duty a s i s leviable on a
Conveyance u n d er clause (a),
(b)
a s the case may be,
of Article 25, for t h e a mo un t
of th e fu rthe r charge secured
by such instrument.
(b) when such mortgage is one of the
description referred to clause (b) of Article
40 (that is, without possession).
if at the time of execution
of the instru men t of further charge
possession of t h e property is given
under such instrument.
The s a m e d ut y a s is leviable on a
Conveyance under clause [a), (b)
Article 25, for the total amount of
the charge (including the original
mortgage and any further charge
already ma d e ) le s s t h e d ut y
already paid o n s u c h original
mortgage and further charge.
1. This Explanation added by Mah. 32 of 2005, s.
7-5-2005)
2. These brackets, letters and word substituted for the brackets, letters and words (c) or
(Levy, Amendment and Validation) Act, 2012, Mah. of 2012,
25-4-2012).
by Mah. Tax Laws
Art. 341
if possession is not so
'[Five
for every
or part thereof for
the amount
further charge
secured by s u ch i n s t r u m e n t
subject to minimum of t h e
one hundred rupees and th e
maximum of
lakh rupees.)
given.
STAMPS TO BE USED Paper Rule 6 or Impressed
Adhesive Stamp Paper Rule 1 1 .
rupees
Stamp
34. GIFT, I n s t r u m e n t of-not being a
Settlement (Article 55) or Will or Transfer (Article
The same duty a s is leviable on a
Conveyance under clause (a),
(b)
a s th e case may
be, of Article 25, on the market
value of the
which is
the subject matter of the gift.
that, if the
is gifted
to a family member being the
husband, wife, brother or sister of
the donor or any lineal ascendant
or descendant of the donor, then
the amount of duty chargeable
shall be a t the same rate a s
specified in this article or at the
rate of rupees ten for every rupees
five hundred or part thereof on the
market value of the
which
is the subject matter of the gift,
whichever is less.]
HIRING AGREEMENT or agreement for
service, see Agreement (Article 5).
STAMPS TO BE USED Paper Rule 6 o r Impressed
Stamp Paper Rule 1 1 .
Stamp
1. These words were substituted by Mah. 16 of 2003,
1-5-2003).
2. These words were substituted for the words 'five hundred' by Mah. 32 of 2005, s. 5
7-5-2005)
3. These words were substituted for the words 'five lakh' by Mah. 32 of 2005,
5
7-5-2005.)
or
by Mah. Tax Laws
(Levy, Amendment and Validation) Act, 2012,
8 of 2012, s.
25-4-2012).
5.
1-5-2002).
[Art. 35
35. INDEMNITY BOND
'[Two hundred rupees]
INSPECTORSHIP DEED, see Composition
Deed (Article 24).
TO BE USED - Non-Judicial Stamp
Paper Rule 6 o r I mpress ed
Adhesive Stamp Paper Rule 1 1 .
LEASE, including under lease or sublease and any agreement to let or sub-let or any
renewal of lease,Where such lease purports to be (i)
for a period not exceeding five years.
conveyance u n d e r cl ause (a),
(b)
as t h e cas e may
be, of article 2 5 , on 10 per
centum of the market value of
the property.
(ii) for a period exceeding five years but
nor exceeding ten years, with a renewal clause
contingent or otherwise.
conveyance un de r cl aus e (a ) ,
(b )
a s t h e c a s e may
be, of article 25 , on 2 5 per
the property.
(iii) for a period exceeding ten years but
not exceeding twenty-nine years, with a renewal
clause contingent or otherwise.
The same dut y a s is leviable on a
conveyance under clause (a),(b)
as the case may be of
article 25, on 50 per cent um
of t h e ma rket value of t h e
(iv) for a period exceeding twenty-nine
years o r in perpetuity, or does no t purpo rt
for any definite period, o r for lease for period
exceeding twenty-nine years, with a renewal
clause contingent or otherwise.
Explanation I. - Any consideration in the
form of premium or money advanced or to be
advanced or security deposit by whatever name
called shall, for the purpose of market value be
treated a s consideration passed on.
The same dut y a s is leviable on a
conveyance un de r c l au s e (a),
(b)
as t h e ca s e may
be, or article 2 5, on 90 per
the property.];
1. These words were substituted for the words 'one hundred rupees" a s Amended by Mah. 22 of 2001
2. Clause 36 substituted by Mah. 32 of 2005, s.
1)
7-5-2005).
(Levy. Amendment and Validation) Act. 2012.
2012,
25-4-2012).
or
by Mah. Tax Laws
I
Art.
Explanation
- The renewal period, if
specifically mentioned, shall be treated a s part
the present lease.
Explanation
- For the purpose of this
article, the market value, for the
falling under section
(Toll Agreements)
an d article
(Hire Purchase agreement),
shall be the total contract value and they shall
be chargeable to duty same as under clause (a)
of article 25.
-
Adhesive Stamp Paper Rule 1
and Licence Agreement Where th e leave a n d licence
agreement purports to be for a term not
exceeding sixty mo n t h s with or without
renewal clause.
0.25 per cent. of the total sum
(i)
the licence fees or rent payable
under the agreement; plus
(ii)
the am o u n t of non-refundable
deposit o r money advanced or
to be advanced or premium, by
whatever name called; plus
th e in t e re s t ca l c ul at ed a t
t h e r a t e of 10 p er c e n t . per
a n n u m o n t h e refu ndab le
s e c u r i t y depo sit o r money
advan ced or to be advan ced,
by wh atever n a m e called.].
36A was substituted by the
2.
Clause (a)
to
20
by Mah. Act No. 8
the sub-clause
2002, s.
2013, s.
read a s under:
1-5-2002).
1-5-2013).
dt.
.
.
Where the leave and licence
to be
term
exceeding sixty months with or without the renewal clause and
relates to property situattd within the limits of,
the District
Mumbai City and Mumbai Suburban
if relating to residential premises
if relating to residential premises -;
Where the amount of average annual rent plus
(A)
the amount of security deposit, or money advanced or to be
advanced does not exceed
two
thousand for
a single term of twelve months;
Six hundred rupees lor every
term
twelve months
or part
Contd. on
page
The Maharashtra
[Art. 3 6 A
Act
previous page
a mo u n t of security deposit o r money advanced or to
be advanced exceeds rupees two lakh fifty thousand bu t
does not exceed rupees five lakh for a single term of twelve
months;
One thousand two hundred
rupees for
term
of twelve months or
part thereof;
the a m o u n t of security deposit or money advanced or to
be advanced exceeds rupees five
but does not exceed
rupees twenty lakh for a single term of twelve months;
Two t h o u s a n d r u p e e s for
every t er m of twelve
months or part thereol.
Where the a mo u n t of average a n n u a l re n t plu s th e a mo u nt of
security deposit or money advanced or to be advanced exceeds rupees twenty
lakh for a single term of twelve months
Five t h o u s a n d r u p e e s for
every t er m of twelve
months or part thereof]
if relating to non-residential
Twice
the
amount
of
d u t y ch ar ge ab l e for
re si d e n t ia l p r e m i s e s
u n d e r e n t r y (A),
or
above, a s the
case may be
the Municipal Corporation of the cities Thane, Pune,
Nagpur and Navi Mumbai. Nashik.
Kolhapur,
Aurangabad,
Solapur,
and Cantonments of Pune,
Dehu Road,
and
(1)
if relating to residential
Where the amount of average a n n u a l rent plus
the a mount of security deposit or money advanced or to be
advanced does not exceed rupees two lakh fifty thousand for
a single term of Twelve months;
Five hundred rupees for every
term of Twelve months
or, part thereof;
th e a m o u n t of security deposit o r money advanced or to
be advanced exceeds rupees two lakh fifty thousand b u t
does not exceed rupees five lakh for a single term of Twelve
months;
On e t h o u s a n d r u p e e s lor
every te r m of Twelve
months or part thereol.
Where the amount of average a n n u a l rent plus
the amount of security deposit or money advanced or to be
advanced exceeds rupees five
for a single term of Twelve
months;
Two t h o u s a n d r u p e e s for
every te r m of Twelve
months or part thereof;
on
page
where s u c h leave and licence
agreement purports to be for a period
sixty months with or without
renewal clause;
Same duty a s is leviable on lease,
under clause (ii), (iii) or (iv), a s
the case may be, of Article
from previous page
(2)
relating to non-residential premises
sub-clauses
Twice
in any other area excluding the area referred to in
and
the
amount
of
d ut y charge ab le for
residential pre mises
u nd e r e nt r y (A), (B),
above, a s the case
may be
if relating to residential
(2)
Where the amount of average annual tent plus
(A)
the amount of security deposit or money advanced or to be
advanced does not exceed rupees two lakh fifty thousand for
a single term of twelve months;
Three hu nd r e d ru p e e s for
every term of twelve
m o n t h s;
or
p ar t
thereof;
the amount of security deposit or money advanced or to
be advanced exceeds rupees two lakh fifty thousand but
does not exceed rupees five lakh for a single term of twelve
months;
Six hundred rupees for every
the mount of security deposit or money advanced or to be
advanced exceeds rupees five lakh for a single term of twelve
months
One thousand two hundred
rupees for every term
of twelve m o nt h s or
part thereof.;
if relating to non-residential premises
Substituted by the
32 of 2005, s.
term of twelve months;
or part thereof;
Twice
7-5-2005).
the
amount
of
duty charge ab le for
residential pre mises
u nd e r entry (A),
above, a s the case
may be;
The Maharashtra
37. LETTER OF ALLOTMENT OF SHARES
in a n y compan y or proposed company, or in
respect of any loan to be raised by any company
or proposed company.
Act
[Art. 37
One rupee.
See also Certificate o r o t h e r Document
(Article 17).
LETTER OF GUARANTEE, See Agreement
(Article 5).
STAMPS TO BE USED - Adhesive St am p
Paper Rule 11
38. LETTER O F LICENCE, t h a t i s to
say, any agreement between a debtor a n d his
creditor, t h a t the latter shall, for a specified
time, suspend his claims a n d allow the debtor
to carry on business a t his own discretion.
'[One hundred rupees]
STAMPS TO BE US ED - Non-Judicial Stamp
Paper Rule 6 or Special Adhesive Stamp
Paper under Rule
39. MEMORANDUM OF ASSOCIATION OF
A
(a) if
a c c o m p a n i e d by a r t i c l e s
of a s s o c i a t i o n u n d e r section 2 6 of t he
Companies Act, 1956, (I of 1956).
(b) if not so accompanied.
..
..
'[TWO hundred rupees.)
The s a m e d u t y a s i s leviable on
Articles of Association u n d e r
Article 10 according to the share
capital of the company.
,
Exemption
Memorandum of an y association nor formed
for profit a n d registered under section 2 5 of the
Companies Act, 1956, (I of 1956).
-
STAMPS TO BE USED
Non-Judicial Stamp
Paper Rule 6 or Special Adhesive Stamp
Paper under Rule
I
These words were
for the words 'fifty rupees" by the Mah
Laws (Levy, Amendment and Validation)
Act. 2004 s.
2. These
were substituted for the words 'one hundred
Mah. 22 of 2001 s,
1-5-2001).
I
Art.
Schedule-1
40. MORTGAGE DE ED, n o t being a n
agreement relating to '[Deposit of Title Deeds,
pawn or Pleadge or Hypothecation (Article
Bottomry Bond (Article
Mortgage of a Crop
4
Respondentia Bond (Article
or
Security Bond or Mortgage Deed (Article
(a) when possession of the property
or any part of the property comprised in
s u c h deed is given by the mortgagor or
agreed to be given;
when possession is not given or
agreed to be given a s aforesaid.
I
mortgagor who
gives to the mortgagee a power of attorney
to collect rents, or a lease of the property
mortgaged or p art thereof, is deemed to
give possession within the meaning of this
article.
The s am e duty a s is leviable on a
conveyance un de r c l a u s e s ' (a],
as the case may be,
of Article 2 5 , for the a m o u n t
secured by such deed.
rupees for every
thousand]
or p art thereof for the a m o u n t
secured by s u c h deed, subject
rupees and the maximum of
lakh rupees];
'[Explanation 11-Where in the case of
a n agreement to mortgage the amount or
part thereof sought to be secured by such
a n agreement is advanced or disbursed to
th e mortgagor or without
a
mortgage deed, then such an agreement to
mortgage shall, notwithstanding anything
contained in clause (d) of section 2, become
chargeable under this Article a s
deed o n t h e d a t e of making of s u c h advance or disbursement either in part or
in whole].
.
2.
4.
6.
7.
These words were substituted by the Mah. Tax
(Levy,
and Validation) Act. 2004
20 of 2002 the
were deleted.
. .
These brackets, letters a n d word substituted for the
and words
by.
Tax Laws
25-4-2012).
Amendment and Validation) Act, 2012, Mah. 8
The portion was susbtituted by t h e
20
2002,
1-5-2002).
These words were substituted for the words 'five hundred" by Mah. 32 of 2005,
7-5-2005).
These words were substituted for the words "five lakh
by Mah. 32 of 2005,
This "Explanation" is renumbered a s 'Explanation
by Mah. 38 of 1994.
17-8-1994).
inserted by Mah. 38 of
17-8-1994).
(c) when a collateral or auxiliary or
additional or substituted security, or by
way of further as su r a n c e for the
mentioned purpose where the principal or
primary security is duly stamped.
[Art. 41
The same duty a s a Bond (Article 13)
for the amount secured, subject
to a maximum of '(rupees two
hundred].
Exemptions
( I ) I n s t r u m e n t s ex ecuted by p e r s o n s
taking advances under the Land Improvement
Lo ans Act, 1 8 8 3
of
o r the
Agriculturists' Loans Act, 1884
of
or
by their sureties a s security for the repayments
of such advances.
(2) Letter of hypothecation accompanying
a bill of exchange.
For the purpose of this
clause, 'the principal or
security" shall
mean, the security created under clause (a) or
(b)
-
Paper Rule 6 o r Special Adhesive S t a m p
Paper under Rule
41. MORTGAGE OF A CROP, including
a n y i n s t r u m e n t evidencing a n agreement to
secure the repayment of a loan made upon any
mortgage of a crop whether the crop is or is not
in existence a t the time of mortgage, for
mpees 200 or part thereof.
One
STAMPS TO BE USED - Adhe si ve S t a m p
Paper under Section 11 read with Rule 6.
42. NOTARIAL ACT, t h a t is
say, a n y
i n s t r u m e n t , en d o r se me n t , note, at te s t at i on ,
certificate or
not being a Protest (Article
4 9 ) executed by a Notary Public i n t h e
performance of the duties of his office, or by any
other person lawfully acting as a Notary Public.
TO BE USED
Stamp w i t h word
(See note for
Bombay Stamp Rules)
mpees.]
- S p e c i a l Adhesive
(Section 11) Rule
under Rule 14
These words were substituted for the words 'rupees one hundred" by Mah. 22 of2001
2 . This Explanation was added by Mah. 12 of 2006
1-5-2006).
These words were substituted for the words "five rupees" by Mah. 17 of 1993,
1-5-2001).
1-5-1993).
43. N O T E O R M E M O R A N D U M s e n t by a
or agent
his principal intimating the
or sale on account
such principal(a) of cotton..
..
per cent] on the value of
cotton].
per cent] on the value of
silver or gold on sovereigns, as
the case may be.
(b) of bullion of specie
(c) of oil seeds
..
..
per cent] on the value of oil
seeds
of yarn of any kind, non-mineral
oils or spices of any 'kind.
p e r ce n t ] of t h e value of
of any kind, non-mineral
oils or spices of any kind, a s
the case may be]
(e) of any other goods exceeding in
value twenty rupees.
per cent) o n t h e value of
goods.
of a n y s h a r e , s cr i p , st o c k ,
bo n d , d e b e n t u r e , d e b e n t u r e s t o c k o r
other marketable security of a like natur e
exceeding in value twenty rupees, not being
a Government security.
p e r c e n t ] of t h e value of
the security, a t the time of its
purchase or sale, as the c as e
may be.
(g)
of a Government security,
per c en t ] on t h e value of
security]
No d u t y s h a l l be
chargeable on note or Memorandum s e n t by
broker or agent to his principal intimating the
sale on account of such
of
a security or a forward contract on which proper
duty is paid under article
This portion was substituted for the words "One rupee for every rupees 10.000 or part thereof' a s amended by Mah
of 2011,
Enforcement date not yet declared.
Substituted by Mah. 32 of 2005,
7-5-2005).
3. This portion substituted for the words "Fifty paise for every rupees
or part thereof' a s amended by Mah.
15 of 2011.
7-5-2005).
.
Exemptions
( I ) Note or Memorandu m s e n t by a
broker or agent to his principal intimating the
purchase or sale on account of such principal
or a Government security or a s h ar e, scrip,
stock, bond, debenture, debenture stock or other
marketable security of like nature in or of a n
incorporated company or other body corporate,
an en tr y relating to which i s required to be
made in clearance lists described in clauses (I),
and (3) of Article 19.
(2) Note or Memorandum sent by a broker
or agent to his principal intimating the purchase
or sale
cotton on account of such principal,
a n entry relating to which i s required to be
made in a clearance list described in Article 20.
(3) Note of Memorandum sent by a broker
or sale of bullion or species on account of such
principal, a n entry relating to which is required
to be ma d e in a clearan ce list described in
Article 2 1.
or sale of oil seeds on account of such principal,
a n e nt ry relating to which i s required to be
made in a
list described in Article 2 2.
or sale of yarn of any kind, non-mineral
spices of any kind on account of such principal,
a n en t r y relating to which is required to be
made in a clearance list described in Article 23.
Note o r M e m o r an d u m s e n t by a
broker or agent to hi s principal in any of the
above cases, when the amou nt stated in the
instrument is less than rupees one hundred.
STAMPS TO BE USED
[Section 1 1
Rule
-
Adhesive Stamp
[Art. 4 3
451
44. NOTE OF PROTEST BY THE MASTER
A SHIP.
'[One hudred
See also Protest by t h e Master of S h i p
(Article
STAMPS TO BE U SE D - Non-Judicial Stamp
paper Rule 6 or Special Adhesive St am p
pule
45. ORDER FOR THE PAYMENT O F
MONEY, not being a Bill of Exchange within t h e
meaning of the Indian St a m p Act, 1899,
of
(a) where payable otherwise tha n on
demand b u t not more than one year after
date or sight-for every Rs. 1 ,0 00 or part
thereof.
rupees.]
(b) where payable a t more than one
year after date or sight, if the amount,(7)
does not exceed rupees 500
rupees.]
exceeds r u p e e s 5 0 0 b u t
does not exceed rupees 1,000
exceeds rupees 1,000 for
every additional rupees 1,000 or part
thereof.
STAMPS TO BE USED
Rule 5.
-
Stamp Paper
1. These words were su bs ti tu te d
th e words 'Twenty rupees" by the Mah. Tax Laws (Levy. Amendment a n d
Validation) Act. 2004
2. These wards were substituted lor the words "five rupees" by Mah. 17 of 1993, s.
These wards were substitued for the words "Five rupees" by Mah.
of 1993,
4. These words were substitued for the
'Ten rupees" by Mah.
of 1993,
Stamp Act
PARTITION- Instrument of
[Art. 46
'[Rupees Ten for every rupees five
hundred or part thereof of
amount or the market value of
the separated share or shares of
the property.
Note.-The largest share remaining
after the property is partitioned
(or, i f there are two or more
shares of
value and not
smaller than any of the other
shares, then one of such equal
s h a r e s ) s h a l l be deemed to
be that from which the other
shares are separated.
Provided always that,-
(a) when an instrument of partition
c o n t a in i n g a n a g r e e m e n t to
divide pr op er ty in severalty
is executed an d a partition is
effected. in pursuance of s u ch
agreement, the duty chargeable
upon the instrumen t 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;
where the in st ru me nt relates
to the partition of agricultural
land, the rate of duty applicable
be one hundred rupees].]
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
partition in pursuance of such
1. These words were substituted for the words 'the same duty as a Bond (Article 13) for the" by Mah. 9 of 1997,
15-9-1996).
2. Clause
was substituted for the words
where land is held on Revenue Settlement for a period not exceeding
thirty years and paying the full assessment the value for the
of duty shall be calculated at not more than
times the annual revenue" bv Mah. 9 of 1997.
. ,. .. .
3. These words were substituted for the words 'shall be 0.5 per cent on the market value of the separated share
or shares of the property' by Mah. Tax
(Levy. Amendment and Validation) Act 30 of 1997,
15-5-1997).
order or award is subsequently
ex ec ut ed , t h e d u t y o n s u c h
instrument shall not exceed ten
rupees.
Paper Rule 6 o r Special Adhesive S t a m p
Paper Rule 1
47.
Five hundred rupees.
lnstrument of
(a) where there is n o. share of
contribution in partnership, or where
s u c h s h a r e contribu tio n
i n by way of ca s h ] does not exceed
rupees 50,000;
(b) wh ere
such
share
contribution
in by way of
cash] is in excess of rupees, 50,000,
for every r u p e e s 5 0 , 0 0 0 or p a r t
thereof.
Five h u n d r e d r u p e e s , s u bj ec t to
maximum du t y of ru pees five
thousand];
where
such
share
contribution
in by way of
property, excluding cash.
Th e s a m e d u t y a s is leviable o n
'[or
article 25, on the market value
of such property].
of partnership or
retirement of
(1) where on a dissolution of
the partnership or on retirement of
a partner any property] is taken a s
his share by a partner other than a
partner who brought in that property
a s h i s sh ar e of contribution i n the
partnership.
(2) in any other case.
1.
2.
3.
4.
5.
The s a m e duty a s is leviable on a
Conveyance u n d e r clause (a),
(b) '[or
a s t h e c a s e may
be, of Article 25, on the market
value of such property, subject
to a minimu m of r u p e e s o n e
hundred.
hundred rupees.]
Clause 47 (1) was substituted by the Mah. 29 o i 1994, s.
1.5.1994).
These words were inserted by the Mah. 30
1997,
15-5-1997).
These words were inserted by the Mah. 30 of 1997, s.
15-5-1997).
Sub-clause
was added by the Mah. 30 of 1997,
15-5-1997).
Old clause
renumbered a s clause
by Mah. 17
1993, s.
6. These words were substituted ior the words "Dissolution of partnership
where on dissolution of the
any immovable property' by the
30 of 1997,
15-5-1997).
7. These brackets, letters and word substituted ior the brackets, letters and wards
or
by Mah. Tax Laws
(Levy, Amendment and Validation] Act, 2012, Mah. 8 of 2012, s.
25-4-2012).
8. These words were substituted ior the words "One hundred
by Mah. 17 of 1993, s.
1-5-1993).
The
TO BE USED
P a p e r R ule 6 o r
Paper Rule 1
Act
[Art. 48
- Nan-Judicial
St a m p
A d h es iv e S t a m p
48. POWEK OF ATTORNEY not being a
Proxy:(a) when executed for th e 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;
(b) when re qu i r ed in s u i t s or
proceedings u nd er the Presidency Small
Cause Courts Act, 1882,
of 1882)
(c) when authorising one person or
more to a ct in a single transaction other
than the case mentioned in clause (a);
(4
when authorising one person
to a ct in more t h a n one transaction or
generally;
when authorising more
one
person to act in single transaction or more
than one transaction jointly or severally or
generally;
when
given
for
consideration a n d authorising to sell a n
immovable property;)
whe n au t h o r i s in g t o
t r a n s f e r immovable property w i t h o u t
con si de ra ti o n or wit hou t showing a n y
consideration, a s the case may be,-
(a) if given to t h e f a t h e r ,
mother, brother, sister, wife, husband,
daughter, grandson, granddaughter or
such other close relative; and
hundred rupees.
hundred rupees]
The s ame duty as i s leviable on a
Conveyance under clause (a],(b)
'[or
as the case may be, of
of the property.
Rupees five hundred
These words were substituted for the words 'ten rupees" by Mah. 9 of 1997, s.
15-9-1996).
2. These words were substituted for the words 'ten rupees" by Mah. 9 of 1997,
3. These words were substituted for the words 'ten rupees" by Mah. 9 of 1997, s .
15-9-1996).
4. These words were substituted for the words 'fifty rupees" by Mah. 9 of 1997, s.
subject to minimum of rupees
5 These words were substituted
the words 'ten rupees for each person
forty" by Mah. 9 of 1997, s .
15-9-1996).
6 Clause
was renumbered by
16 of 2008. s.
7. These brackets, letters
word substituted for the brackets, letters and words
or
by Mah. Tax Laws
(Levy. Amendment and Validation) Act. 2012. Mah. 8 of 2012, s.
25-4-2012).
This portion was added by Mah. 16 of 2008,
5-6-2008).
(b)
in any other case ...
Conveyance u nd er clauses ( b )
[or
a s the case may be ,
of the property.]
when given to a promoter or
developer by whatever name called, for
construction on, development of, or sale or
transfer (in any manner whatsoever) of, any
immovable property.
same duty a s is leviable on a
Conveyance u nd er clauses
of the property:]
Provided t h a t , t h e provisions
section 3 2 A s h a l l ,
app ly t o s u c h a n
instrument of power of attorney
a s they apply to a conveyance
under that section.
Provided further th at , when proper
s t a m p d u t y i s paid u n d e r
clause
of articl e 5 o n
a n ag reement, or records
thereof or memorandum of a n
ag reement ex ecu ted between
the same parties and in respect
of the same property, the duty
chargeable u n d e r t h i s clau s e
shall be rupees one hundred].
in any other case
Explanation I.-For t h e pu rpo s e of t h i s
article more persons than one when belonging to
the same firm shall be deemed to be one person.
hundred rupees for each person
authorised]
Ex plan ation
term 'registration'
includes
operation incidental to
under the Registration Act, 1908
of 1908).
Explanation
un d er clause
duty h as been paid on the power of attorney,
and a conveyance relating to t h a t property is
executed in p u rs u a n c e
power of attorney
between the
the power of attorney
and the person in whose favour it is executed,
These brackets, letters and word substituted lor the brackets, letters and words
(c) or (d)" by Mah. Tax
(Levy. Amendment and Validation) Act, 2012, Mah. 8
s.
2. Clause
and Clause
substituted by Mah. 9 of 1990, s.
7-2-1990).
3. This portion was substituted "Five rupees for every five hundred rupees or part thereof
the market value of the
subject matter of property:", by Mah. 16 of 2008,
5-6-2008).
4. These wards were substituted for the words "Five rupees for each person authorised" by the Mah. Tax Laws (Levy,
Amendment and Validation) Act, 2004 s.
The Maharashtra
49
Act
the d u t y on conve ya nce s h a l l be t h e d u t y
calculated on the market value of the property
reduced by duty paid on the power of attorney.
Paper Rule 6 o r -S p e c i a l Adhesive S ta mp
Paper
1
49. PROTEST OF BILL OR NOTE, that is
to sa y, a n y declaration in writing made by a
Notary Public, or other person lawfully acting
a s s u c h , attestin g th e dishonour of a bill of
exchange or promissory note.
'[One hundred
STAMPS TO BE USED - Adhesive Foreign
Stamp bearing "Notarial" [See Rule
5 0 . PROTEST BY THE MASTER OF A
SHIP, t h a t is to s a y, an y declaratio n of the
p ar ti c u la r s of h er voyage dr a w n u p by him
with a view to the adjustment of losses or the
calculation of averages, a n d every declaration
in w ri ti n g made by him against the charterers
or the consignees for not loading or unloading
the ship, when s uc h declaration is attested or
certified by a Notary Public or o t he r person
lawfully acting a s
See also Note of Protest by the Master of a
Ship (Article 44).
Paper Rule 6 o r Special Adhesive S tamp ,
Rule
51. RECONVEYANCE OF MORTGAGED
PROPERTY-
(a) if the consideration for which the
property was mortgaged does not exceed
rupees, 2,500.
(b)
in any other case ..
..
..
,,
for such consideration.
hundred rupees.]
paper Rule 6 o r Special Adhesive S tamp,
Rule 1
These words were substituted for the words "Twenty rupees' by the Mah. Tax Laws (Levy, Amendment and
Act, 2004 s.
(18)
1-5-2001)
2 . These words were substituted for the words 'one hundred rupees" by Mah 22 of 2001 s.
RECORD OF TRANSACTION
[Electronics or otherwise) effected by a trading
member th ro ug h a s t o c k ex change or t h e
association referred to in Section
(a) if relating to sale and purchase of
Government securities.
per c e n t ) of t h e value of
security
(b) if relating to purchase or sale of
securities, other than those falling under
item
above. in case of delivery
per c e n t of t h e value of
security.
(ii) in case of non-delivery.
per c en t of t h e value of
security].
if relating to futures and options
per cent of the value of the
futures and options trading]
if relating to forward contracts of
commodities traded through a n association
or otherwise.
per cent of the value of th e
forward contract.]
(i)
(c)
trading
Explanation
For t h e purpose of clause
(b), "Securities" means the securities as defined
in cl au s e
of section 2 of t h e Secu rities
Contract [Regulation) Act, 1956.
1. Article 51A inserted by
32 of 2005, s.
7-5-2005).
2. This portion was substituted for the words "Fifty rupees for every rupees one crore or part thereof' a s amended by
Mah. 1 5 of 2011, s.
3. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' a s amended by
of 2011.
4. This portion was substituted for the words "Twenty paise for every rupees 10.000 or
Mah. 15 of 2011, s.
5. This portion was substituted for the words "Twenty paise for every rupees 10.000 or part thereof' a s amended by
1 5 of 2011, s.
6. This portion was substituted for. the words "One rupee for every rupees
or part thereof' a s amended by
Mah.
of 201 I, s.
P
[Art. 52
Stamp
The
RELEASE, t h a t is to s a y, a n y
i n s t r u m e n t ( n o t being a n i n s t r u m e n t a s i s
provided by s ec ti o n 2 4 ) whereb y a perso n
renounces a claim upon other person or against
any specified property,(a) if the
deed of a n ancestral
property or part thereof is executed by or
in favour of brother or sister (children of
renouncer's parents) o r son or daughter
or son of predeceased son or daughter of
predeceased s o n o r father or mothe r or
spouse of the renouncer or the legal, heirs
of the above relations.
(b) in any other case.
STAMPS TO BE USED
Rule 13
or
The same duty as is leviable on a
conveyance under clause (a), (b)
a s the case may be
of
of
share, interest, part or
claim renounced
Ad he s i ve S t a m p ,
Stamp, Rule 6.
53. RESPONDENTIA BOND, t h a t i s to
sa y, a n y i ns tr u m e n t s ec ur in g a loan o n the
cargo laden or to be laden o n board a ship and
making repayment contingent o n the arrival of
the cargo a t the port of destination.
REVOCATION
SETTLEMENT.
OF
ANY
See Settlement (Article
TRUST
13) for the amount of the loan
secured.
OF
Trust (Article
61).
STAMPS TO BE USED - Non-Judicial Stam p
Paper, Rule 6 o r Impres sed
Adhesive Stamp [see Rules 10
1
1 . Article 52 substituted by Mah. 12 of 2006
1-5-2006).
2. These words, brackets and letters substituted for the brackets, letters and words
(Levy, Amendment and Validation) Act. 2012, Mah.
2012,
25-4-2012).
by Mah. Tax Laws
Schedule-1
54. SECURITY BOND OR MORTGAGE
where s uch security bond or mortgage
is executed by way of security for the due
of a n office, or to account for money
other property received by virtue thereof,
by a surety to secure the due performance
a contr act, or in pu r s ua n ce of a n order
th e co u rt or a public officer, n ot being
otherwise provided for by the Bombay Court-fees
Act, 1959,
LX of
I
(I) where the amount secured does
not exceed rupees 2,500.
The same duty as Bond (Article 13)
for the amount secured.
where t h e a m o u n t s ecur ed
exceeds rupees 2500, for every- rupees five
hu ndred of t he am ount secured or part
thereof.
same duty a s is leviable under
clause
of Article 40:
Provided t ha t , where on a n
i n s t r u m e n t executed by a
pers on, for whom a p er son
s t a n d s s u r e t y a n d ex e cu t e s
secu ri t y bond or a mortgage
deed, duty has been paid under
Article
40, then the duty
payable shall be one hundred
rupees.]
Exemptions
Bond or other instrument, when executed,-
(a) by any person for the purpose
guaranteeing that the local income derived
from private subscription to a charitable
dispensary or hospital or an y other object
of public utility shall not be less than a
specified sum per mensem;
(b) u n d e r t h e ru l e s made by t h e
S t a t e Government u n d e r section 114 of
the Maharashtra Irrigation Act, 1976 (Mah
of 1976);
!
Sub-clause
substituted by Mah. Tax Laws (Levy and Amendment) Act, Mah. 2 9 of 1 99 4,
1.5.1994).
2. Substituted by the
20 of 2002,
1-5-2002).
3. These figures and words
or" deleted by Mah. 12 of 2006
1-5-2006).
1.
The Maharashtra
Act
advance under
(c) by a person
the Land Improvement Loans Act, 1883
(XIX of 1883) or the Agriculturists Loans
Act, 1884
of 1884) or by their sureties
a s security for t h e r ep ay me n t of s u c h
advances;
by officers of the 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.
Paper, Rule 6 or Impressed
Adhesive Stamp [see Rules 1 0
11
A.
Instrument
including a deed of dower,(I)
mad e
purpose
where the settlement i s
a religious or ch ar i t a bl e
rupees for every five hundred
or part thereof
a sum
equal to the amount settled o r
the market value of the property
i
(it) in any other case
Conveyance u n d e r clause (a),
(b)
a s the case may be,
of Article 25, for a s u m equal
to t h e a m o u n t settle d o r t h e
market value of th e property
settled:
Provided that, where a n agreement to
settle is stamped with the stamp
required for a n instrument of
settlement and a n instru ment
of settlemen t in p u r s u an ce of
such agreement is subsequently
ex ec ut ed , t h e d u t y o n s u c h
instrument shall not exceed ten
rupees:
Provided f u r t h e r t h a t , wh er e a n
instrument
s e tt l e me n t
1 . These words were substituted lor the words "the same duty as a bond (Article
by Mah. 9 of 1997
15-9-1996).
2. These brackets, letters and
substituted for the brackets, letters and words
or
by Mah. Tax Laws
(Levy. Amendment and Validation) Act. 2012. Mah. 8 of 2012,
25-4-2012).
contains a n y provision for the
revocation of t h e s et tl em en t ,
the amount or the value of the
property settled shall, for the
purposes of duty, be determined,
a s if, no s uch provisions were
contained in the instrument.
Exemption
Deed of dower e x e c u t e d on the
of or in connection with, marriage
between Muhammadans, whether executed
before or after the marriage.
B.
Revocation of,-
(3 in r e s p e c t of s e t tl e m e n t
described in sub-clause
of clause A.
in r es pe ct of s e t t l e m e n t
described in sub-clause (iz) of clause A.
STAMPS TO BE USED Paper Rule 6 o r Impressed
Stamp
The same duty a s a Bond (Article 13)
for a s u m equal to the amount
s et tl ed o r t h e m a r k e t value
of the property concerned a s
s et forth in the i ns t r um en t of
revocation, b u t not exceeding
two hundred rupees].
The s am e du ty as i s leviable on a
Conveyance u n d e r clause ( a ) ,
(b),
as the case may be,
of Article 25, for a consideration
equal to the amount settled as
in the i n s t r u m e n t of
revocation or the market value
of the property concerned, b u t
n o t exceeding '[two h u n d r e d
rupees.]
These words were substituted for the words 'one hundred rupees" by Mah. 22 of 2001
2. These brackets, letters and
substituted
the brackets, letters and words
or
(Levy,Amendment and Validation) Act, 2012, Mah. 8
2012,
25-4-2012).
3. These words were substituted for the words "one hundred rupees" by Mah. 22
2001
1-5-2001).
by Mah. Tax Laws
1-5-2001).
The Maharashfra
56. SHARE WARRANTS to bearer issued
under the Companies Act, 1956
of
for
every rupees five hundred or part thereof.
Act
[Art. 56
Five rupees.
Exemption
Share warrant when issued by a company
in pursuance of the provisions of section 114
of the Companies Act, 1956 (1 of
to have
effect only upon payment a s composition for that
duty, to the
(a) one and a half pe r centum of the
whole subscribed capital of the company, or
(b) if a n y c o m p a n y whic h h a s
paid the said duty or composition in full
s u b s e q u e n t l y i s s u e s in ad di ti o n t o i t s
s u b sc ri be d capital , o n e a n d a half p e r
of the additional capital so issued.
SCRIP, See certificate (Article 17)
II
57. SHIPPING ORDER for or relating to the
conveyance of goods on board of any vessel.
One rupee.
STAMPS TO BE USED
Non-Judicial Stamp
11
SURRENDER OF LEASE including a n
agreement for surrender of
(a) without any consideration;
Two hundred rupees
(b) with consideration.
The same dut y a s is leviable under
clause (a), (b)
Article 25 o n t h e a m o u n t of
consideration.].
1. Article 5 8
substituted by the Mah. 20 of 2002, s.
1-5-2002).
to substitution read a s under:The duty with which such lease is chargeable
58. SURRENDER OF LEASE including a n agreement
under Article 36
for surrender of lease-1.-For the purpose of this Article, it is immaterial that the surrender of the lease is only a s regards
the unexpired part of the term or is with regard to only a portion of the
Explanation
the purposes of this article, t h e amount of consideration paid or agreed to b e paid by the
lessor or o n his behalf, shall be deemed to be the fine. premium or money advanced or to be advanced within
th e meaning of Article 36.
2. These brackets, letters a n d word substituted for the brackets.
and words
or
by Mah. Tax Laws
(Levy, Amendment and Validation) Act, 2012. Mah. 8 of 2012, s.
25-4-2012).
Explanation. -For t h e p ur p o se s of t h i s
ret ur n of money paid a s advance, o n
deposit by lessee to the lessor shall not
treated a s consideration for the surrender.
paper,
BE USED - Non-Judicial Stamp
6 o r Impressed
Stamp [see Rules 1 0
11.1
59. TRANSFER (whether with or without
consideration).
(a) of debenture s, being marketable
securities whether the debenture is liable
to duty or not, except debentures
by section 8 of the Indian Stamp Act,
1899.
Fifty
p a i s e for e ver y r u p e e s
1 0 0 o r p a r t thereo f of t h e
consideration
amount
of
the debenture
Explanation.- For the p u r p o s e s of
this clause, the term 'debenture' includes
debenture stock;
( b) of an y interest secured by bond,
mortgage deed or policy
insurance;
(c) of any property under section 22
of the Administrators' General Act, 1963;
of a n y t r u s t p ro pe rt y w i th o u t
consideration from one trustee to another
trustee, or from a trustee to a beneficiary.
Exemptions
t
The s a m e d u t y a s a Bond (Article
1 3 ) for s u c h a m o u n t or value
of t h e i n t e r e s t a s s e t forth
i n t h e t r a n s f e r , s u b j e c t to a
of
hundred
rupees].
Transfers by endorsement,(a) of a bill of exchange, cheque or
promissory note;
(b) of a bill of lading, delivery order,
w a r r a n t for g o o d s o r o t h e r m er ca nt il e
document or title to goods;
(c)
of a policy of insurance;
1 . These words "subject to a
s.
of ten thousand rupees" deleted by the Bombay Stamp (Amendment) Act, 2005,
7-5-2005).
2. This was substituted for the word 'minimum" by Mah. 9
1990.
72.1990).
3. These words were substituted for the words 'one hundred rupees" by Mah. 22 of 2001 s.
1-5-2001).
The
Stamp Act
[Art. 6 0
of s e c u r i t i e s of t h e C e n t r a l
Government.
Paper Rule 6 o r Impressed
11.1
assignment and not by way of under lease or by
way of decree or final order passed by any Civil
Court or any Revenue Officer.
Stamp [see Rules 10 & 11
The sa m e du t y a s is leviable on a
'[or
of the .propert
.
.y,. which is t h e
subject matter of transfer.
61. TRUST
A.
De cl ar at io n of
of, o r
concerning, an y property when made by
any writing not being a
(a) where there is disposition of
where t h e T r u s t i s
made for a religious or charitable
purpose;
in any other case
ru pe es for every r u p e e s five
h u n d r e d or p a r t thereof
a
sum equal to the amount settled
or market value of the property
settled.
T h e s a m e d u t y a s a co n ve yan ce
under clause (a),
as
the case
be, of Article 25,
for a s u m equal to the amount
settled or t h e ma rk et value of
the property settled.
Amendment and Validation] Act, 2012, Mah. 8 of 2012,
2. These words were substituted for the words "the same duty a s a bond
1996).
These brackets, letters and word substituted for the brackets, letters and words
(Levy,Amendment and Validation) Act, 2012, Mah. 8 of 2012,
(c) or
by Mah. Tax Laws
by Mah. 9 of 1997,
or (d)" by Mah. Tax Laws
Art.
(b) where there is no disposition
of property,-
''
made for a religious or charitable
purpose.
in any other case
B. Revocation of - of, or concerning,
any
when made by any instrument
other than a Will.
The s a m e d ut y a s a Bond (Article
1 3 ) for a s u m equ al to t h e
amount settled or market value
of the property settled, but not
exceeding '[two hundred
The s a m e d u ty a s a Bond (Article
13) for a s u m e qu al to t h e
exceeding
hundred rupees].
The s a m e d u t y a s a Bond (Article
13) for a s u m eq u a l to t h e
exceeding
hundred rupees].
See also Settlement (Article 55).
VALUATION, See Appraisement (Article 8 )
62. WARRANT FOR GOODS, t h a t is to
say, a n y instrument evidencing the title of any
person therein na me d or his assigns, .or th e
holder thereof, to t h e property in a n y goods
lying in or upon any dock, warehouse or wharf,
such instrument being signed or certified by or
on behalf of the person in whose custody such
goods may be.
STAMPS TO BE USED
- Adhesive
One rupee
Stamp.
These
substituted for the words "one hundred rupees" by Mah. 22 of 2001 s.
2. These words were substituted for the words 'one hundred
by
22 of 2001
1-5-2001).
1-5-2001).
The
Stamp Act
[Art. 63
One
h u n d r e d r u p e e s pl us o n e
hundred rupees for every rupees
or part thereof, above
rupees ten lakh, subject to the
maximum of rupees five lakh.)
C o n tr ac t , t h a t is to s a y, a
c o n t r a c t for w or k s a n d l a b o u r o r servi ce s
involving transfer of property in goods (whether
a s goods or in some other form) in its execution
and includes a sub-contract,-
[a) where the a mo u n t o r value s et
forth i n s u c h c o n t r a c t d oe s n o t exceed
rupees ten lakh.
(b) wh er ei te xc eeds ru pe es t enl ak h.
1. Article 63 added by Mah. 12 of2006
1-5-2006).

See section 3 - Department of Registration and Stamps, Maharashtra

Transcription

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