Bombay Stamp Act

The Bombay Stamp Act, 1958

The Bombay Stamp Act, 1958 came into force on 16th February, 1959 and is applicable in the State of Maharashtra. This Act is intended to levy Stamp duty on certain types of documents executed in the State or brought from outside for acting upon the same in the State.

The various instruments/documents are broadly covered under different 62 articles listed in Schedule-I appended to the Act. The rates at which stamp duty is levied on these documents are mentioned in Schedule-I. The Bombay Stamp Act, levies Stamp duty on documents/instruments by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. The stamp duty is payable on instrument and not on the transactions.

Instrument means any document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. As of today there are 62 kinds of documents each one signifying a separate kind of deed. These are as follows:

Important Articles



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 Description of InstrumentProper Stamp Duty
ACKNOWLEDGEMENT of –
2(1) a debt written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker’s pass book) or on a separate piece of paper when such book or paper is left in the creditor’s possession, and the amount or value of such debt- 
a) 3(xxx) 
b) exceeds rupees 5000 but does not exceed rupees 10000’ and, One rupee.
d) for every rupees 10000/- or part thereof in excess of rupees 10,000. One rupee subject to a maximum of 4(one hundred rupees)
5(2)a letter, article, document, parcel, package or consignment, of any nature or description whatsoever or by whatever name called, given by a person, courier company, firm or body of persons whether incorporated or unincorporated to the sender of such letter, article, document, parcel, package or consignment. One rupee for every rupees one hundred or part thereof of the amount charged therefore
STAMPS TO BE USED – Adhesive u/s. 11
Description of InstrumentProper Stamp Duty
ADMINISTRATION BOND, including a bond given under section 6 of the Government Savings Banks Act, 1973 (V of 1873) or the Indian Succession Act, 1925, (XXXIX of 1925)-
a) where the amount does not exceed rupees 2,500;The same duty as Bond (Article 13) for such amount.
b) in any other case.1(one hundred rupees.)
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.
Description of InstrumentProper Stamp Duty
ADOPTION DEED, that is to say, any instrument (other than a Will) recording an adoption or conferring or purporting to confer an authority to adopt. 2(Two Hundred rupees.)
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.
Description of InstrumentProper Stamp Duty
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. 3(One hundred rupees).
Exemptions
Affidavit or declaration in writing when made-
a) as a condition of enrolment under the Air Force Act, 1950, (XLV of 1950) the Army Act, 1950 (XLV of 1950) or the Navy Act, 1957 (LXII of 1957)
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
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.
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 –
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:
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;
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.
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.
(g-b)* * *
(g-c)* * *
(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 –
i) the Municipal Corporation of Greater Bombay –
A) for the purpose of non- residential use of any nature whatsoever. The same duty as is payable under Article 60.
B) for the purpose of residential use;
1) having area upto 27.88 squares metres (300 square feet); Two hundred rupees.
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 -
A) for the purpose of non-residential use of any nature what-soever; The same duty as is payable under article 60
B) for the purpose of residential use;
1) having area upto 27.88 squares metres (300 square feet); One hundred rupees.
2) having area more than 27.88 squares metres (300 sqaure feet)
(iii) any Municipal Corporations other than those Municpal Corporations mentioned in columns (i) and (ii)-
A) for the purpose of non-residential use of any nature whatsoever; The same duty as is payable under article 60
B) for the purpose of residential one;
1) having area upto 27.88 squares metres (300 square feet); Fifty rupees.
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
Explanation I.- 3(* * *) Same duty as is payable under Article 36.
Explanation II.- 3(* * *)
(h)5(A) if relating to, -
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,-
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.
ii) conferring exclusive rights of telecasting, broadcasting or exhibition of an event or a film, -
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-
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-
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,-
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,-
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,
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-
(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;
(b) * * *
(c) * * *
AGREEMENT TO LEASE: See Lease (Article 36).
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.
for Art, 5 (g-a) & (g-d)
for Art, 5 (a) to (g)adhesive under section 11
for Art, 5 (h) impressed stamp under Rule 6
Description of Instrument Proper Stamp Duty
AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN, PLEDGE, OR HYPOTHECATION, that is to say, any instrument evidencing an agreement relating to-
(1) The deposit of title deeds of instrument constituting or being evidence of the tile to any property whatever (other than a marketable security), where such deposit has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt;
a) if the amount secured by such deed does not exceed rupees five lakhs;One rupee for every one thousand or part thereof for the amount secured by such deed subject to the minimum of one hundred rupees.
b) in any other caseTwo rupees for every rupees 1,000 or part thereof for the amount secured by such deed.
(2) The pawn, pledge, or hypothecation of movable property, where such pawn, pledge or hypothecation has been made 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 the amount secured by such deed does not exceed rupees five lakhs;One rupee for every one thousand or part thereof for the amount secured by such deed subject to the minimum of one hundred rupees
b) in any other caseTwo rupees for every rupees 1,000 or part thereof for the amount secured by such deed.
Explanation I – For the purposes of clause (1) of this Article, notwithstanding anything contained in any judgement, decree or order of any court or order of any authority, any letter, note, memorandum or writing relating to the deposit of title deeds whether written or made either before or at the time when or after the deposit of title deeds is effected, and whether it is in respect of the security for the first loan or any additional loan or loans taken subsequently, such letter, note, memorandum or writing shall, in the absence of any separate agreement or memorandum of agreement relating to deposit of such title deeds, be deemed to be an instrument evidencing an agreement relating to the deposit of title deeds.
Exemption
(1) * * *
(2) Letter of hypothecation accompanying a bill of exchange
Explanation II – * * *.
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.
Description of InstrumentProper Stamp Duty
APPOINTMENT IN EXECUTION OF A POWER; where made by any writing not being a will-
(a) of trustees,One hundred rupees.
b) of property movable or immovable Two hundred and fifty rupees.
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.
Description of InstrumentProper Stamp Duty
APPRAISEMENT OR VALUATION, made otherwise than under an order of the court in the course of a suit. Same duty as per Bond (Article 13) subject to maximum of 5(One hundred rupees.
Exemption
a) Appraisement on valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.
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.
Description of InstrumentProper Stamp Duty
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). One hundred rupees
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.
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.
Description of InstrumentProper Stamp Duty
ARTICLES OF ASSOCIATION OF A COMPANY –
Where the Company has no share capital or nominal share capital or increased share capital. One thousand rupees for every rupees 5,00,000 or part thereof, subject to a maximum of Rs.50,00,000
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 39).
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.
No. Mundrak. 1094/2229/CR-450-MI, 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 so in the public interest, hereby reduces, with effect from the 1st August, 1994, the maximum duty chargeable on Articles of Association of a Company under Article 10 of Schedule I of the said Act, to Rs. Twenty – Five Lakhs.
Description of InstrumentProper Stamp Duty
ARTICLES OF CLERKSHIP or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an Attorney in any High Court. Seven Hundred and fifty rupees.
ASSIGNMENT, See development agreement (Article 5(g-a) Conveyance (Article 25), Transfer (Article 59) and Transfer of lease (Article 60), as the case may be.
ATTORNE, See entry as an Attorney (Articles 31) and Power of Attorney (Article; 48).
AUTHORITY TO ADOPT, See Adoption Deed (Article 3).
STAMPS TO BE USED – Non – Judicial Stamp paper (NJ) under Rule 6 or Impressed Label / Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
AWARD, that is to say, any decision in writing by an arbitrator or umpire, on a reference made otherwise than by an order of the Court in the course of a suit, being an award made as a result of a written agreement to submit, present or future differences to Arbitration but not being an award directing a partition-
a) on the amount of value of the property to which the award relates as set forth in the award.The same duty as Bond (Article 13), subject to a maximum of 1(one hundred rupees.
b) in any other case. One hundred rupees.
Exemption
Award under section 18 of the Bombay Hereditary Offices Act, 1874 (Mom III of 1874) or section 330 of the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965).
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
BOND not being a debenture and not being otherwise provided 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 (Bom. XXXVI of 1959) for every rupees five hundred or part thereof.Five 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 or any other object of public utility shall not be less than a specified sum per mensem.
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
BOTTOMRY 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 TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
CANCELLATION – Instrument of, if attested and not otherwise provided for. One hundred rupees.
Exemption
Instrument revoking a Will.
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer or any other officer empowered by law to sell property by public auction.The same duty as is leviable on a Conveyance under clause (a), (b) or (c) as the case may be, of Article 25 on the market value of the property.
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
CERTIFICATE OR OTHER DOCUMENT, evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in or of, any incorporated company or other body corporate, or to become proprietor of share, scrip or stock in or of, any such company or body. See also Letter of Allotment of Shares (Article 37);One rupees for every one thousand rupees or a part thereof, of the value of the shares, scrip or stock
Explanation.- For the purposes of this Article, the Value of shares, scrip or stock includes the amount of premium, if any.
STAMPS TO BE USED – Adhesive Stamps (Section 11). In case Duty Exceeding Re.1 by Impressed Stamp Fixed by Proper Officer
Description of InstrumentProper Stamp Duty
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. One hundred rupees
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
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 sum of duties payable under Article 5(b) or 43(g), as the case may be, in respect of each of the entries in such list on the value of the securities calculated at the making up price or the contract price, as the case may be.
2) 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 of an incorporated company or other body corporate, submitted to the clearing house of a stock exchange recognized under the Securities Contracts (Regulation) Act, 1956, (XLIII of 1956). The sum of duties payable under Article 5(c)(i) or 43(f), as the case may be, in respect of each of the entries in such list on the value of the securities calculated at the making up price or the contract price, as the case may be.
3) CLEARANCE LIST, relating to 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 body corporate, submitted to the clearing house of a stock exchange, not recognized under the Securities Contract (Regulation)Act, 1956, (XLIII of 1956). The sum of duties payable under Article 5(c)(ii) or 43(f), as the case may be, in respect of each of the entries in such list on the value of the securities calculated at the making up price or the contract price, as the case may be.
STAMPS TO BE USED – Impressed Labels (Rule 11) or Special Adhesive Stamp affixed by Proper Officer under Rule 19.
4)CLEARANCE LIST, relating to the transactions for the purchase or sale of cotton submitted to the clearing house of a Cotton Association. The sum of duties payable under Article 5(d) or 43(a), as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule 11) or Special Adhesive Stamp affixed by Proper Officer under Rule 19.
5)CLEARANCE LIST, relating to the transaction for the purchase or sale of bullion or species submitted to the clearing house of a Bullion Association. The sum of duties payable under Article 5(e) or 43(b), as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule 11) or Special Adhesive Stamp affixed by Proper Officer under Rule 19.
6)CLEARANCE LIST, relating to the transaction for the purchase or sale of oil seeds submitted to the clearing house of an oil seed Association. The sum of duties payable under Article 5(f) or 43(c), as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule 11) or Special Adhesive Stamp affixed by Proper Officer under Rule 19.
7)CLEARANCE LIST, relating to the transactions for the purchase or sale of yarn of any kind, non-mineral oils or spices of any kind. The sum of duties payable under Article 5(g) or 43(d), as the case may be, in respect of each of the entries in such list on the units of transactions or part thereof.
STAMPS TO BE USED – Impressed Labels (Rule 11) or Special Adhesive Stamp affixed by Proper Officer under Rule 19.
Description of InstrumentProper Stamp Duty
COMPOSITION DEED, that is 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 or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor’s business under the supervision of inspectors or under letters of license for the benefit of his creditors. Two hundred rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Impressed Label/ Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
CONVEYANCE (not being a transfer charged or exempted under Article 59)-
On the true 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.
b) if relating to immovable property situated,-
(i) Within the limits of any Municipal Corporation or any Cantonment area annexed to it or any urban area not mentioned in sub-clause(ii).5 per cent. of the market value of the property.
(ii) Within the limits of any Municipal Council or Nagar Panchayat or Cantonment. area annexed to it, or any rural area within the limits of the Mumbai Metropolitan Region Development Authority, or the Influence Areas as per the annual statement of rates published under the Bombay Stamps (Determination of True Market Value of Property) Rules, 1995.4 per cent. of the market value of the property.
(iii) within the limits of any Grampanchayat 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 as is payable under clauses (a) and (b).
d) * * *
(da) if relating to the order of High Court in respect of the amalgamation or reconstruction of companies under section 394 of the Companies Act, 1956 or under the order of the Reserve Bank of India under Section 44A of the Banking Regulation Act, 1949.10 per cent. of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid for such amalgamation.
Provided that, the amount of duty, chargeable under this clause shall not exceed,-
i) an amount equal to 5 per cent. of the true market value of the immovable property located within the State of Maharashtra of the transferor company; or
ii) an amount equal to 0.7 per cent, of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid, for such amalgamation, whichever is higher:
Provided further that, in case of reconstruction or demerger the duty chargeable shall not exceed,-
i) an amount equal to 5 per cent. of the true market value of the immovable property located within the State of Maharashtra of the transferred by the Demerging Company to the Resulting Company; or
ii) an amount equal to 0.7 per cent, of the aggregate of the market value of the shares issued or allotted to the Resulting Company and the amount of consideration paid for such demerger, whichever is higher.
(e) * * *
Exemption
Assignment of copyright under the Copyright Act, 1957 (IXV of 1957).
Explanation I.) – For the purposes of this article, where in the case of agreement to sell an immovable property, the possession of any immovable property is transferred or agreed to be transferred to the purchaser before the execution, or at the time of execution, or after the execution of, such agreement * * * then such agreement to sell shall be deemed to be a conveyance and stamp duty thereon shall be leviable accordingly.

Provided that, the provisions of section 32A shall apply mutatis mutandis to such agreement which is deemed to be a conveyance as aforesaid, as they apply to a conveyance under that section:
Provided further that, where subsequently a conveyances is executed in pursuance of such agreement of sale, the stamp duty, if any, already paid and recovered on the agreement of sale which is deemed to be a conveyances, shall be adjusted towards the total duty levaible on the conveyance.

Provided also that where proper stamp duty is paid on a registered agreement to sell an immovable property, treating it as a deemed conveyance and subsequently a conveyances deed is executed without any modification then such a conveyance shall be treated as other instrument under section 4 and the duty of one hundred rupees shall be charged.

Explanation II * * *

Explanation III. – (i) For the purposes of clause (da) the market value of shares,-
a) in relation to the transferee company, whose shares are listed and quoted for trading on a stock exchange, means the market value of shares as 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 the transferee company, whose shares are not listed / or listed but no quoted for trading on a stock exchange, means the market value of the shares issued or allotted with reference to the market value of the shares of the transferor company or as determined by the Collector after giving the transferee company an opportunity of being heard.
1ii) For the purpose 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 as per exchange ratio as on appointed date.
STAMPS TO BE USED – Non – Judicial Stamp paper under Rule 6 or Impressed Label / Special Adhesive Stamp affixed by Proper Officer under Rule 11.
Description of InstrumentProper Stamp Duty
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. Ten 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, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials.
c) Copy of any instrument the original of which is not chargeable to duty
STAMPS TO BE USED – Adhesive Stamps Paper as per Rule 13.
Description of InstrumentProper Stamp Duty
COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid. The same duty as is payable on the original, subject to a maximum of rupees one hundred
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper under Rule 11
Description of InstrumentProper Stamp Duty
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 thereof-
a) where the amount does not exceed rupees 2,500.The same duty as a Bond (Article 13) for such amount, subject to a maximum of rupees one hundred.
b) in any other caseOne hundred rupees
DECLARATION OF ANY TRUST, See Trust (Article 61).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper under Rule 11.
Description of InstrumentProper Stamp Duty
DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named , or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, in any warehouse in which goods are stored, or deposited, on rent or hire, or upon any wharf, * * * when such goods exceed in value hundred rupees for every rupees 10,000 or part thereof.Ten 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 TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper under Rule 11.
Description of InstrumentProper Stamp Duty
DIVORCE – Instrument of, that is to say, any instrument by which any person effects the dissolution. One hundred rupees
DOWER – Instrument of, See Settlement (Article 55).
DUPLICATE, See Counterpart (Article 27).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper under Rule 11.
Description of InstrumentProper Stamp Duty
ENTRY OF MEMORANDUM OF MARRIAGE in the register under the Maharashtra Regulations of Marriage Bureau and Registration of Marriages Act, 1998). One hundred rupees
STAMPS TO BE USED – Court Fees Stamps Rule 19H and Notification dated 30.04.1974.
Description of InstrumentProper Stamp Duty
EXCHANGE OF PROPERTY – instrument of – The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of the property of the greatest value.
EXCISE BOND, See Customs Bond or Excise Bond (Article 28).
Explanation – For the purposes of this Article, notwithstanding 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 or Impressed Label / Special Adhesive Stamp paper under Rule 11.
Description of InstrumentProper Stamp Duty
FURTHER CHARGE – Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-
a) when the original mortgage is one of the description referred to in clause (a) of Article 40 (that is, with possession).The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, for the amount of the further 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).
i) if at the time of execution of the instrument of further charge possession of the property is given under such instrument.The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, for thetotal amount of the charge (including the original mortgage and nay further charge already made) less the duty already paid on such original mortgage and further charge
ii) if possession is not so given.Five rupees for every one thousand or part thereof for the amount of further charge secured by such instrument subject to minimum of the one hundred rupees and the maximum of 3(ten lakh rupees)
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper Rule 11.
Description of InstrumentProper Stamp Duty
GIFT, Instrument of – not being a Settlement (Article 55) or Will or Transfer (Article 59). The same duty as is leviable on a Conveyance under clause (a) (b) or (c), as the case may be, of Article 25, on the market value of the property which is the subject matter of the gift.
Provided that, if the property 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 at the same rate as 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 property 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 – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper Rule 11.
Description of InstrumentProper Stamp Duty
INDEMNITY BOND Two hundred rupees
INSPECTORSHIP DEED, see Composition Deed (Article 24).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper Rule 11.
Description of InstrumentProper Stamp Duty
LEASE, including under lease or sub- lease 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.The same duty as is leviable on a conveyance under clause (a), (b) or (c), as the case may be, of article 25, on 25 per centum of the market value of the property.
ii) for a period exceeding ten years but not exceeding twenty – nine years, with a renewal clause contingent or otherwise.The same duty as is leviable on a conveyance under clause (a), (b) or (c), as the case may be, of article 25, on 25 per centum of the market value of the property.
iii) for a period exceeding twenty – nine years or in perpetuity, or does not purport for any definite period, or for lease for period exceeding twenty – nine years, with a renewal clause contingent or otherwise. The same duty as is leviable on a conveyance under clause (a), (b) or (c), as the case may be, of article 25, on 50 per centum of the market value of the property.
iv) for a period exceeding twenty –nine years or in perpetuity, or does not purport for any definite period, or for lease for period exceeding twenty-nine years, with a renewal clause contingent or otherwise. The same duty as is leviable on a conveyance under clause (a), (b) or (c), as the case may be, of article 25, on 90 per centum of the market value of the property.
Explanation I. – Any consideration in the form of premium or money advanced or to be advanced r security deposit by whatever name called shall, for the purpose of market value be treated as consideration passed on.

Explanation II.- The renewal period, if specifically mentioned, shall be treated as part of the present lease.

Explanation III. – For the purpose of this article, the market value, for the instruments falling under section 2(n) (iii) (Toll Agreements) and be the total contract value and they shall be chargeable to duty same as under clause (a) of article 25.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp paper Rule 11.
Description of InstrumentProper Stamp Duty
Leave and License Agreement –
(a) Where the leave and license agreement purports to be for a term not exceeding sixty months with or without renewal clause.0.25 per cent. of the total sum of,-
i) the licence fee or rent payable under the agreement; plus
ii) the amount of non-refundable deposit or money advanced or to be advanced or premium, by whatever name called; plus
iii) the interest calculated at the rate of 10 per cent. per annum on the refundable security deposit or money advanced or to be advanced, by whatever name called..
(b) where such leave and licence agreement purports to be for a period exceeding sixty months with or without renewal clause;Same duty as is leviable on lease, under clause (ii), (iii)
Description of InstrumentProper Stamp Duty
LETTER OF ALLOTMENT OF SHARES in any company or proposed company, or in respect of any loan to be raised by any company or proposed company. One rupee.
See also Certificate or other Document (Article 17).
LETTER OF GUARANTEE, See Agreement (Article 5).
STAMP TO BE USED – Adhesive stamp paper Rule 11.
Description of InstrumentProper Stamp Duty
LETTER OF LICENSE, that is to say, any agreement between a debtor and his creditor, that the latter shall for a specified time, suspend his claims and allow the debtor to carry on business at this own discretion. 1(One hundred rupees)
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper under Rule 10(ii).
Description of InstrumentProper Stamp Duty
MEMORANDUM OF ASSOCIATION OF A COMPANY –
a) if accompanied by articles of association under section 26 of the Companies Act, 1956, (I of 1956). Two hundred rupees.
b) if not so accompanied, The same duty as is leviable on Articles of Association under Article 10 according to the4 share capital of the company.
Exemption
Memorandum of any association nor formed for profit act registered under section 25 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 10(ii).
Description of InstrumentProper Stamp Duty
MORTGAGE DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pleadge or Hypothecation (Article 6), Bottomry Bond (Article 14), Mortgage of a Crop (Article 41), Respondentia Bond (Article 53), or Security Bond or Mortgage Deed (Article 54)-
a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as is leviable on a conveyance under clauses (a), (b) or (c), as the case may be, of Article 25, for the amount secured by such deed.
b) when possession is not given or agreed to be given as aforesaid. Five rupees for every one thousand or part thereof for the amount secured by such deed, subject to the minimum of one hundred rupees and the maximum of ten lakh rupees;
Explanation I – A mortgagor who gives to the mortgagee as power of attorney to collect rents, or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article

Explanation II – Where in the case of an agreement to mortgage the amount or part thereof sought to be secured by such an agreement is advanced or disbursed to the mortgagor or without execution of a mortgage deed, then such an agreement to mortgage shall, notwithstanding anything contained in clause (d) of section 2, become chargeable under this Article as mortgage deed on the date of making of such advance or disbursement either in part or in whole.
c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above – mentioned purpose where the principal or primary security is duly stamped. The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred.
Exemptions
1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1983), or the Agriculturists Loans Act, 1984 (XII of 1984), or by their sureties as security for the repayments of such advances.
2) Letter of hypothecation accompanying a bill of exchange.
Explanation - For the purpose of this clause, “the principal or primary security” shall mean, the security created under clause (a) or (b) above.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper Rule 10(ii).
Description of InstrumentProper Stamp Duty
MORTGAGE OF A CROP, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is not in existence at the time of mortgage, for every rupees 200 or part thereof. One rupee.
STAMPS TO BE USED – Adhesive Stamp paper under Section 11 read with Rule 6.
Description of InstrumentProper Stamp Duty
NOTARIAL ACT, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a Protest (Article 49) executed by a Notary Public in the performance of the duties of his office, or by any other person lawfully acting as a Notary Public. Twenty-five rupees.
STAMPS TO BE USED –Special Adhesive Stamp with word Notarial (Section 11) Rule 19(d). (See note for notification under Rule 14 Bombay Stamp Rules)
Description of InstrumentProper Stamp Duty
NOTE OR MEMORANDUM sent by a broker or agent to his principal intimating the purchase or sale on account of such principal –
a) of cotton.. .. .0.005 per cent on the value of cotton.
b) of bullion of specie.. .. .0.005 per cent on the value of silver or gold on sovereigns, as the case may be.
c) of oil seeds .. .. .0.005 per cent on the value of oil seeds
d) of yarn of any kind, non-mineral oils or spices of any kind.0.005 per cent on the value of yarn of any kind, non-mineral oils or spices of any kind, as the case may be
e) of any other goods exceeding in value twenty rupees 0.005 per cent on the value of goods.
f) of any share, scrip, stock, bond, debenture, debenture stock or other marketable security of a like nature exceeding in value twenty rupees, not being a Government security. 0.005 per cent on the value of the security, at the time of its purchase or sale, as the case may be.
g) of a Government security. 0.005 per cent on the value of security
Explanation. – No duty shall be chargeable on note or Memorandum sent by broker or agent to his principal intimating the purchase or sale on account of such principal of a security or a forward contract on which proper duty is paid under article 51A.)
Exemptions
1) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal or a Government security or a share, scrip, stock, bond, debenture, debenture stock or other marketable security of like nature in or of an incorporated company or other body corporate, an entry relating to which is require to be made in clearance lists described in clauses (1), (2) and (3) of Article 19.
2) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale of cotton on account of such principal, an entry relating to which is required to be made in a clearance list described in Article20.
3) Note of Memorandum sent by a broker or agent to his principal intimating the purchase or sale of bullion or species on account of such principal, an entry relating to which is required to be made in a clearance list described in Article 21.
4) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale of oil seeds on account of such principal, an entry relating to which is required to be made in a clearance list described in Article20.
5) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale of yarn of any kind, non-mineral oils or spices of any kind on account of such principal, an entry relating to which is required to be made in a clearance list described in Article20.
6) Note or Memorandum sent by a broker or agent to his principal in any of the above case, when the amount state in the instrument is less than rupees one hundred.
STAMPS TO BE USED – Adhesive Stamps (Section 11 & Rule 19(f)
Description of InstrumentProper Stamp Duty
NOTE OF PROTEST BY THE MASTER OF A SHIP.One hundred rupees.
See also Protest by the Master of Shop (Article 50).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper Rule 10(ii).
Description of InstrumentProper Stamp Duty
ORDER FOR THE PAYMENT OF MONEY, not being a Bill of Exchange within the meaning of the Indian Stamps Act, 1899, (II of 1899) –
a) where payable otherwise than on demand but not more than one year after date or sight – for every Rs.1,000 or part thereof Ten rupees.
b) where payable at more than one year after date or sight, if the amount, -
i) does not exceed rupees 500Ten rupees.
ii) exceeds rupees 500 but does not exceed rupees 1,000Twenty rupees.
iii) exceeds rupees 1,000 for every additional rupees 1,000 or part thereof. Twenty rupees.
STAMPS TO BE USED – Hundi Stamp Paper Rule 5.
Description of InstrumentProper Stamp Duty
PARTITION – Instrument of .. ..Rupees Ten for every rupees five hundred or part thereof of the, 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, if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated.
Provided always that, -
a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is affected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than five rupees;
(b) where the instrument relates to the partition of agricultural land, the rate of duty applicable shall be one hundred rupees.
c) where a final order for effecting a partition passed by any Revenue Authority or any Civil Court or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed ten rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper Rule 10(ii).
Description of InstrumentProper Stamp Duty
PARTNERSHIP –
(1) Instrument of Partnership –
a) where there is no share of contribution in partnership, or where such share contribution brought in by way of cash does not exceed rupees 50,000;Five hundred rupees
b) where such share of contribution brought in by way of cash is in excess, 50,000, for every rupees 50,000 or part thereof. Five hundred rupees, subject to maximum duty of rupees five thousand;
(c) where such share contribution is brought in by way of property, excluding cash.The 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 such property.
(2) Dissolution of partnership or retirement of partner –
1) where on a dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership. The same duty as is leviable on a Conveyance under clause (a), (b), or (c), as the case may be, of article 25, on the market value of such property, subject to a minimum of rupees one hundred.
2) in any other case.Two hundred rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper Rule 10(ii).
Description of InstrumentProper Stamp Duty
POWER OF ATTORNEY not being a Proxy :-
a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; One hundred rupees.
b) when required in suits or proceedings under the Presidency Small Cause Counts Act, 1882 (XV of 1882)One hundred rupees.
c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); One hundred rupees.
d) when authorizing one person to act in more than one transaction or generally; One hundred rupees.
e) when authorizing more than one person to act in single transaction or more than one transaction jointly or severally or generally;One hundred rupees.
f)(i) when given for consideration and authorizing to sell an immovable property; The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of the property.
(ii) when authorizing to sell or transfer immovable property without consideration or without showing any consideration, as the case may be,-
a) if given to the father, mother, brother, sister, wife, husband, daughter, grandson, granddaughter or such other close relative; and Rupees five hundred
b) in any other case The same duty as is leviable on a Conveyance under clauses (b) or (c), as the case may be, of Article 25, on the market value of the property.
(g) 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. the same duty as is leviable on a Conveyance under clauses (b) or (c), as the case may be, of Article 25, on the market value of the property.
Provided that, the provisions of section 32A shall, mutatis mutandis, apply to such an instrument of power of attorney as they apply to a conveyance under that section.
Provided further that, when proper stamps duty is paid under clause (g-a) of article 5 on an agreement, or records thereof or memorandum of an agreement executed between the same parties and in respect of the same property, the duty chargeable under this clause shall be rupees on hundred.
h) in any other case.One hundred rupees for each person authorized
Explanation I. – For the purpose of this article more persons than one when belonging to the same firm shall be deemed to be one person.
Explanation II. – The term ‘registration’ includes every operation incidental to registration under the registration Act, 1908 (XVI of 1908).
Explanation III.- Where under clause (f), duty has been paid on the power of attorney, and a conveyance relating to that property is executed in pursuance of power of attorney between the executants of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp paper Rule 10(ii).
Description of InstrumentProper Stamp Duty
PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a bill of exchange or promissory note. One hundred rupees.
STAMPS TO BE USED –Adhesive Foreign Bill Stamp bearing “Notarial” (See Rule 19(d)
Description of InstrumentProper Stamp Duty
PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the charterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such. One hundred rupees.
See also note of Protest by the Master of a Ship (Article 44).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp Rule 10(ii).
 Description of InstrumentProper Stamp Duty
RECORD OF TRANSACTION (Electronics or otherwise) effected by a trading member through a stock exchange or the association referred to in Section 10B-
a) if relating to sale and purchase of Government securities.0.005 per cent of the value of security
b) if relating to purchase or sale of securities, other than those falling under item (a) above,
i) in case of deliver 0.005 per cent of the value of security.
ii) in case of non – deliver. 0.005 per cent of the value of security.
c) if relating to futures and options trading 0.005 per cent of the value of futures and options trading
d) if relating to forward contracts of commodities traded through an association or otherwise. 0.005 per cent of the value of the forward contract.
Explanation I. – For the purpose of clause (b), “Securities” means the securities as defined in clause (h) of section 2 of the Securities Contract (Regulation) Act, 1956.
Description of InstrumentProper Stamp Duty
RELEASE, that is to say, any instrument (not being as instrument as is provided by section 24) whereby a person renounces a claim upon other person or against any specified property, -
a) if the release deed of an ancestral property or part thereof is 3exected by or in favour of brother or sister (children of renouncer’s parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother or spouse of the renouncer or the legal, heirs of the above relations. Two hundred rupees
b) in any other case. The same duty as is leviable on a conveyance under clause (a), (b), or as the case may be (c) of Article 25, on the market value of the share, interest, part or claim renounced.
STAMPS TO BE USED –Adhesive Stamp, Rule 13 (f) or Non – Judicial Stamp, Rule 6.
Description of InstrumentProper Stamp Duty
RESPONDENTIA BOND, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. The same duty as a bond (Article 13) for the amount of the loan secured.
REVOCATION OF ANY TRUST OF SETTLEMENT
See Settlement (Article 55), Trust (Article 61).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see Rule 10 & 11..
Description of InstrumentProper Stamp Duty
SECURITY BOND OR MORTGAGE DEED, where such security bond or mortgage deed is executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or by a surety to secure the due performance of a contract, or in pursuance of an order of the court or a public officer, not being otherwise provided for by the Bombay Court – fees Act, 1959, (Bom LX of 1959),-
i) where the amount secured does not exceed rupees 2,500.The same duty as Bond (Article 13) for the amount secured.
(ii) where the amount secured exceeds rupees 2500, for every rupees five hundred of the amount secured or part thereof.The same duty as is leviable under clause (b) of Article 40:
Provided that, where on an instrument executed by a person, for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under Article * * * 40, then the duty payable shall be one hundred rupees.
Exemption
Bond or other instrument, when executed, -
a) by any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem;
 Description of InstrumentProper Stamp Duty
SETTLEMENT –
A. Instrument of –
including a deed of dower,-
i) where the settlement is made for a religious or charitable purposeTen rupees for every five hundred rupees or part thereof of a sum equal to the amount settle or the market value of the property settled.
ii) in any other case The same duty as is leviable on a Conveyance under clause (a), (b), or (c), as the case may be, of Article 25, for a sum equal to the amount settle or the market value of the property settled.
Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed ten rupees:
Provided further that, where an instrument of settlement contains any provision for the revocation of the settlement, the amount or the value of the property settle shall, for the purposes of duty, be determined, as if, no such provisions were contained in the instrument
Exemption
Deed of dower executed on the occasion of or in connection with, marriage between Muhammadans, whether executed before or after the marriage. The same duty as a Bond (Article 13) for a sum equal to the amount settle or the market value of the property concerned as set forth in the instrument of revocation, but not exceeding two hundred rupees
B. Revocation of, -
i) in respect of settlement described in sub – clause (i) of clause A.
ii) in respect of settlement described in sub- clause (ii) of clause A.The same duty as is leviable on a Conveyance under clause (a), (b), or (c), as the case may be, of Article 25, for a consideration equal to the amount settled as setforth in the instrument of revocation or the market value of the property concerned, but not exceeding two hundred rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see Rule 10 & 11.
Description of InstrumentProper Stamp Duty
SHARE WARRANTS to bearer issued under the Companies Act, 1956 (I of 1956), for every rupees five hundred or part thereof. Five rupees.
Exemption
Share warrant when issued by a company in pursuance of the provisions of section 114 of the Companies Act. 1956 (I of 1956), to have effect only upon payment as composition for that duty, to the Collector –
a) one and a half per centum of the whole subscribed capital of the company, or
b) if any company which has paid the said duty or composition in full subsequently issues in addition to its subscribed capital, one and a half per centum of the additional capital so issued.
SCRIP, See Certificate (Article 17).
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.
Description of InstrumentProper Stamp Duty
SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel. One rupees
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.)
Description of InstrumentProper Stamp Duty
SURRENDER OF LEASE including an agreement for surrender of lease –
a) without any consideration. Two hundred rupees
b) with consideration The same duty as is leviable under clause (a) (b), or (c) of Article 25 on the amount of consideration.
Explanation – For the purposes of this Article, return of money paid as advance, on security deposit by lessee to the lessor shall not be treated as consideration for the surrender.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.)
Description of InstrumentProper Stamp Duty
TRANSFER (whether with or without consideration).
a) of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899.
Explanation – For the purposes of the clause, the term ‘debenture’ includes debenture stock;
Fifty paise for every rupees 100 or part thereof of the consideration amount of the debenture XXX
b) of any interest secured by bond, mortgage deed or policy of insurances; The same duty as a Bond (Article 13) for such amount or value of the interest as set forth in the transfer, subject to a maximum of two hundred rupees
c) of any property under section 22 of the Administrators General Act, 1963;
d) of any trust property without consideration from one trustee to another trustee, or from a trustee to a beneficiary.
Exemptions
Transfers by endorsement, -
a) of a bill of exchange, cheque or promissory note;
b) of a bill of lading, delivery order, warrant for goods or other mercantile document or title to goods.
c) of a policy of insurance;
d) of securities of the Central Government.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.
Description of InstrumentProper Stamp Duty
TRANSFER OF LEASE by way of assignment and not by way of under lease or by way of decree of final order passed by any Civil Court or any Revenue Officer. The same duty as is leviable on a Conveyance under clause (a), (b), or (c), as the case may be, of Article 25, on the market value of the property, which is the subject matter of transfer.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.)
 Description of InstrumentProper Stamp Duty
TRUST
A. Declaration of – of, or concerning, any property when made by any writing not being a Will, -
a) where there is disposition of property,
i) where the Trust is made for religious or charitable purpose; Ten rupees for every rupees five hundred or part thereof of a sum equal to the amount settled or market value of the property settled.
ii) in any other case The same duty as is leviable on a Conveyance under clause (a), (b), or (c), as the case may be, of Article 25, for a sum equal to the amount settled or the market value of the property settled.
b) where there is no disposition of property
i) where the Trust is made for religious or charitable purpose; The same duty as a Bond (Article 13) for a sum equal to the amount settled or marker value of the property settled, but not exceeding Two hundred rupees.
ii) in any other case The same duty as a Bond (Article 13) for a sum equal to the amount settled or marker value of the property settled, but not exceeding Two hundred rupees.
B. Revocation of – of, or concerning, any property when made by any instrument other than a Will.

See also Settlement (Article 55).
The same duty as a Bond (Article 13) for a sum equal to the amount settled or marker value of the property settled, but not exceeding Two hundred rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Impressed Label / Special Adhesive Stamp (see rules 10 & 11.)
Description of InstrumentProper Stamp Duty
WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named or his assigns, or the holder thereof, to the property in any 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. One rupees.
STAMPS TO BE USED – Adhesive Stamps.
Description of InstrumentProper Stamp Duty
Works Contract, that is to say, a contract for work and labour or services involving transfer of property in goods (whether as goods or in some other from) in its execution and includes a sub – contract, -
a) where the amount or value set forth in such contract does not exceed rupees ten lakh. One hundred rupees
b) where it exceeds rupees ten lakh. One hundred rupees plus one hundred rupees for every rupees 100000 or part thereof, above rupees ten lakh, subject to the maximum of rupees five lakh.
Description of InstrumentProper Stamp Duty
RECONVEYANCE OF MORTGAGED PROPERTY-
a) if the consideration for which the property was mortgaged does not exceed rupees, 2,500. The same duty as a Bond (Article 13) for such consideration.
b) in any other case Two hundred rupees.
STAMPS TO BE USED – Non – Judicial Stamp paper Rule 6 or Special Adhesive Stamp, Rule 10(ii).