Description of Instrument |
Proper Stamp Duty |
AGREEMENT OR ITS RECORDS OR MEMORANDUM OF AN AFREEMENT – |
a) if relating to the sale of a bill of exchange; |
(0.004 per cent of the amount of a bill of exchange) |
b) if relating to the purchase of sale of a Government security; |
0.005 per cent of the value of security at the time of its purchase or sale, as the case may be. |
c) if relating to the purchase or sale of shares, scrips, stocks, bounds, debentures, debenture stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate – |
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| i) when such agreement or memorandum of an agreement is with or through a member or between members of Stock Exchange recognized under the Securities Contracts (Regulation) Act, 1956 (XLII of 1956); |
0.005 per cent of the value of security at the time of its purchase or sale, as the case may be. |
| ii) in any other case; |
0.005 per cent of the value of security at the time of its purchase or sale, as the case may be. |
| iii) if relating to the purchase or sale of cotton; |
0.005 per cent of the value of cotton. |
d) if relating to the purchase or sale of bullion or species; |
0.005 per cent of the value of silver or gold or sovereigns, as the case may be. |
e) if relating to purchase or sale of oil seeds; |
0.005 per cent of the value of oil seeds. |
f) if relating to the purchase or sale of yarn of any kind, non-mineral oils or spices of any kind; |
| 0.005 per cent of the value of yarn of any kind, non-mineral oil or spices of any kind, as the case may be. |
5(g-a) |
6(i) 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 manner whatsoever) of, any immovable property. |
the same duty as is livable on a Conveyance under clauses (b) or (c), as the case may be, of Article 25, on the market value of the property: |
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| Provided that, the provisions of section 32A shall, mutatis mutandis, apply to such agreement, records thereof or memorandum, as they apply to an instrument under that section; |
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| Provided further that, if the proper stamps duty is paid under clause (g) of article 48 on a power of attorney executed between the same parties in respect of the same property then, the stamps duty under this article shall be one hundred rupees. |
| 1(ii) if relating to the purchase of one or more units in any scheme or project by a person from a developer; |
Same duty as is leviable on conveyance under clause (a), (b) or (c), as the case may be, of Article 25 on the market value of the unit,; |
| Provided that, on conveyance of property by the person, under an agreement under this sub-clause to the subsequent purchaser, the duty chargeable for each unit under 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 within a period of one year from the date of the agreement. If on adjustment, no duty is require to be paid, then the minimum duty for the conveyance shall be 1(rupees one hundred. |
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| 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, as approved by the Competent Authority in the building plan. |
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(g-b) | * * * | |
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(g-c) | * * * | |
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(g-d) |
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 of – |
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| i) the Municipal Corporation of Greater Bombay – |
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A) for the purpose of non- residential use of any nature whatsoever. |
The same duty as is payable under Article 60. |
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B) for the purpose of residential use; |
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1) having area upto 27.88 squares metres (300 square feet); |
Two hundred rupees. |
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2) having area more than 27.88 squares metres (300 sqaure feet) |
The same duty as is payable under article 60 |
| ii) the Municipal Corporations of the Cities of Thane, Pune, Nagpur and Navi Mumbai - |
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A) for the purpose of non-residential use of any nature what-soever; |
The same duty as is payable under article 60 |
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B) for the purpose of residential use; | |
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1) having area upto 27.88 squares metres (300 square feet); |
One hundred rupees. |
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2) having area more than 27.88 squares metres (300 sqaure feet) |
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| (iii) any Municipal Corporations other than those Municpal Corporations mentioned in columns (i) and (ii)- |
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A) for the purpose of non-residential use of any nature whatsoever; |
The same duty as is payable under article 60 |
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B) for the purpose of residential one; | |
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1) having area upto 27.88 squares metres (300 square feet); |
Fifty rupees. |
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2) having area more than 27.88 squares metres (300 sqaure feet) |
The same duty as is payable under article 60 |
(g-e) if relating to hire-purchase |
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| Explanation I.- 3(* * *) |
| Same duty as is payable under Article 36. |
| Explanation II.- 3(* * *) |
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(h)5(A) if relating to, - | |
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| i) any advertisement on mass media, made for promotion of any product; or programme or event with an intention to make profits or business out it,- |
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a) if the amount agreed does not exceed rupees ten lakhs; |
Two rupees and fifity paise for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
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b) in any other case | Five rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
| ii) conferring exclusive rights of telecasting, broadcasting or exhibition of an event or a film, - |
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a) if the amount agreed does not exceed rupees ten lakhs; |
Two rupees and fifity paise for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
| | b) in any other case |
| Five rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
| iii) specific performsnce by any peson or a group of persons where the value of contract exceed rupees 1,00,000- |
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a) if the amount agreed does not exceed rupees ten lakhs; |
Two rupees and fifity paise for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
| | b) in any other case |
| Five rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
| iv) creation of any obligation, right or interest and having monetary value, but not covered under any other article- |
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a) if the amount agreed does not exceed rupees ten lakhs; |
One rupees for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
| | b) in any other case |
| Two rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
| v) assignment of copyright under the Copyright Act, 1957,- |
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a) if the amount agreed does not exceed rupees ten lakhs; |
Two rupees and fifity paise for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
| | b) in any other case |
| Five rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
| vi) project under Built, Operate and Transfer (BOT) system, whether with or without toll or free collection rights,- |
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a) if the amount agreed does not exceed rupees ten lakhs; |
One rupees for every rupees 1,000 or part thereof on the amount agreed in the contract subject to minimum of rupees 100. |
| | b) in any other case |
| Two rupees for every rupees 1000 or part thereof on the amount agreed in the contract. |
(h)5(B) if not otherwise provided for, |
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| Explanation – No duty shall be chargeable on agreements or its record covered under sub-clauses (b) and (c) of this article, if proper duty is paid under article 51A. |
One hundred rupees,”; |
| Exemptions Agreement or its records or Memorandum of Agreement- |
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(a) for or relating to the purchase of sale of goods or merchandise exclusively, not being an agreement or memorandum of agreement chargeable under entry (d), entry (e), entry (f) or entry (g) of this Article or a note or memorandum chargeable under Article 43; |
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| | (b) * * * |
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| | (c) * * * |
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AGREEMENT TO LEASE: See Lease (Article 36). |
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STAMPS TO BE USED – Non – Judicial Stamp paper (NJ) under Rule 6 or Impressed Label / Special Adhesive Stamps affixed by Proper Officer under Rule 11. |
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for Art, 5 (g-a) & (g-d) |
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for Art, 5 (a) to (g)adhesive under section 11 |
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for Art, 5 (h) impressed stamp under Rule 6 |
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