Monday 23 January 2012

Stamp Duty in Karnataka



Proper Stamp Duty
2[Art.1 Acknowledgement of :
(i) 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,-

3[(a)exceeds rupees 100 but does not exceed rupees 5,000
4[Two rupees]
5(b) when exceeds rupees 5,000]
Two rupees plus rupees two for every thousand or part thereof.] 6[Subject to a maximum of rupees one thousand.]
(ii) 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, articles, document, parcel, package or consignment
One rupee for every rupees one hundred or part thereof of the amount charged therefor.]
Art. 2. Administration Bond, including a bond given under Section 6 of the Government Savings Banks Act, 1873 (Central Act V of 1873) or Sections 289, 291, 375 or 376 of the Indian Succession Act, 1925 (Central Act XXXIX of 1925)

(a) Where the amount does not exceed Rs.1,000
The same duty as a Bond (No .12) for such amount
(b) in any other case
7[One hundred rupees.]
1. Schedule substituted by Act No. 21 of 1979 w.e.f. 31.03.1979.
2. Article 1 substituted by Act No. 8 of 1995 w.e.f. 01.04.1995
3. Substituted for the figures "10,000/-" Act No.7 of 2000 w.e.f. 1-4-2000 
4.Substituted for the worlds "one rupee"  by Act No.7 of 2000 w.e.f. 1-4-2000
5. Sub Clause "b" substituted by Act No 7 of 2000 w.e.f. 1-4-2000.
6. Inserted by Act No. 6 fo 2001 w.e.f. 1.4.2001.
7. Substituted for the words "Thirty Rupees" by Act No.10 of 1990 w.e.f. 1-4-1990      
Description of Instrument
Proper Stamp Duty
Article 3, Adoption-deed, that is to say, any instrument (other than a will), recording an adoption, or conferring or purporting to confer an authority to adopt.
1[Rs. Five Hundred
Advocate.- See Certificate of enrolment as an Advocate (No. 17).
1.  Substituted for the words "Forty Five Rupees" by Act No.8 of 2003 w.e.f. 1-4-2003.      

Article 4. Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.
Exemptions, Affidavit or declaration in writing when made-
a. as a condition of enlistment to the Armed Forces of the Union;
b. for the immediate purpose of being filed or used in any Court or before the officer of any Court; or for the sole purpose of enabling any person to receive any pension or charitable>

1.  Substituted for the words "Fiften Rupees" by Act No.7 of 2000 w.e.f. 1-4-2000. 
1[Twenty rupees.]
Article 5. Agreement or2 [its records or] Memorandum of an Agreement

1[(a) If relating to the sale of a bill of exchange
One rupee for every rupees ten thousand or part thereof

1. Clauses (a) substituted by Act No. 8 of 1995 w.e.f. 01.04.1995.

1[(b) If relating to the purchase or sale of a Government security
One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be, subject to a maximum of rupees one thousand.
(c) If relating to the purchase or sale of shares, scrips, stocks, bonds, debentures, debenture stocks or any other Marketable>

(i) when such agreement or memorandum or an agreement is with or through a member or between members of Stock Exchange recognised under the Security Contracts (Regulation) Act, 1956 (XLII of 1956).
One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be.
(ii) In any other case.
One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be.]
2[(d)m-sale in connection with the allotd) If relating to a transaction of lease-cum-sale in connection with the allotment of a building site, with or without building thereon, effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976
The same duty as a Conveyance (No. 20) for a market value equal to the security deposit and the amount of average annual rent reserved under such agreement.

  1. Clause (b) and (c) substituted by Act No. 8 of 1995, w.e.f. 01.04.1995.
  2. Clause (d) interted by Act No. 16 of 1981, w.e.f. 10.09.1980.

(Karnataka Act 12 of 1976), the City Improvement Trust Board, Mysore constituted under the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962, (Karnataka Act 10 of 1963), the. Improvement Boards constituted under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976 1[House Building Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959;)] 2["or the allotment of industrial sheds and plots by the Karnataka Industrial Area Development Board established under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Small Scale Industrial Development Corporation, the Karnataka State Industrial Investment and Development Corporation and the Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956 (Central Act 1 of 1956) or the allotment of land or site with or without building to the market


  1. Inserted by Act No. 10 of 1988, w.e.f. 15.04.1988.
  2. Inserted by Act No. 22 of 1997, w.e.f. 29.09.1997.

functionaries in the yard by the Agricultural Produce Market Committees constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27, of 1966)], 1[ municipal Corporation constituted under the Karnataka Municipal Corporation Act, 1976, (Karnataka Act 24 of 1978), Municipal Councils or Town Panchayats constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) Urban Development Authorities constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), Grama Panchayats, Taluk Panchayats and Zilla Panchayats constituted under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993)"]and such other authorities as may be specified by the Government.

2[(da) Where any instrument of lease-cum-sale3 effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Karnataka Housing Board constituted under the Karnataka Housing Board Act 1962 (Karnataka Act 10 of 1963) pertaining to premises of a flat or apartments.
The duty payable shall be as a conveyance [No,.20(3)] for the market value equal to the security deposit and the amount of average annual rent reserved under such agreement."

1. Inserted by Act No. 6 of 1999 w.e.f. 01.04.1999
2. Clause (da) of Art 5 Inserted by Act No. 6 of 1999 w.e.f. 01.04.1999

(i) possession of the property is delivered or is agreed to be delivered without executing the conveyance.
Same duty as a conveyance (No. 20) on the market value of the property.
2[Provided that, where a deed of cancellation of earlier agreement is executed by and between the same parties in respect of the same property and if proper stamp duty has been paid on such agreement, then the duty on such "deed of cancellation" shall not exceed rupees five hundred.]
3[(ii) possession of the property is not delivered.
[Ten paise for every one hundred rupees or part thereof on the market value equal to the amount of consideration subject to a maximum of rupees Twenty Thousand but not less than rupees Five hundred.]

1. Clause (e) to (i) Substituted by Act No.8 of 1995 w.e.f. 1-4-95.
2.  Proviso inserted by Act No. 8 of 2010, w.e.f. 1-4-2010.
3. Sub-Clause (ii) Substituted by Act No.16 of 2011, w.e.f. 1-4-2011

1(f) If relating to construction or development or sale of an immoveable property, including a multiunit house or building or unit of apartment or flat or portion of a multistoried building by a person having a stipulation that after construction or development, such property shall be held jointly or severally by that person and the owner or lessee, as the case may be, of such property, or that it shall be sold jointly or severally by them or that a part of it shall be held jointly or severally by them and the remaining part there of shall be sold jointly or severally by them.
Explanation I
1)       The expression "Lease" shall mean a holder of a lease, for a period exceeding 30 years or more, or in perpetuity or does not purport to be for any definite term.
2)       The expression "building" shall mean a building having more than one apartment or flat or office accommodation or portion of a multistoried building.
Explanation II - For the purpose of clause (e), clause (f) and clause (h) where subsequently conveyance or mortgage as the case may be, is executed between the same parties in pursuance of such agreement or its records or memorandum, the stamp duty, if any, already paid and recovered on the agreement or its record or memorandum shall be adjusted towards the total duty leviable on the conveyance or mortgage, as the case may be.
 
2[ One rupee for every one hundred rupees or part thereof on the market value of the property which is the subject-matter of such agreement or on the consideration for such agreement, whichever is higher, subject to a maximum of rupees one lakh fifty thousand: 
 
 
 
Provided that , if proper stamp duty is paid under "clause (e), (ea)and (eb) of the article 41 on a Power of Attorney executed between the same parties in respect of the same property, then the stamp duty under this article shall be as per article 5(i)".
1(f) XXXXXXX
(g) If relating to sale of moveable property.
XXXXXXX
Same duty in sub-clause (e) of this Article
(h) If relating to the mortgage.
Same duty as under Article No.34(a) or (b) as the case may be.
3(i) if relating to contract between Depository Participant (as defined in "The Depository Act, 1996") and client, for opening de-mat account
Rupees fifty
(i-a) if relating to contract between stockbroker or sub broker (agent) and client (principal) for Stock Market operations, Rupees fifty
Rupees fifty
4[(j) if not otherwise provided for
5Two hundred rupees].]
Explanation : 3(i) Omitted

6(II) For the purpose of sub-clause (i) of clause (e) and clause (h), where subsequently conveyance or mortgage as the case may be, is executed in pursuance of such agreement or its records or memorandum the stamp duty, if any, already paid and recovered on the agreement or its record or memorandum shall be adjusted towards the total duty leviable on the conveyance or mortgage, as the case may be.]
Examptions : Agreement or Memorandum of Agreement-
(a) for or ralating to the purchase or sale of goods, or merchandise exclusively, not being a note or memorandum chargeable under Article 37.
(b) made in the form of tenders to the Central Government, for or relating to any loan.


1. Clause (f) Substituted bt Act No.9 of 2009, w.e.f. 1-4-2009.
2. Clauses (i) and (i-a) inserted by Act No.8 of 2010, w.e.f 1-4-2010
3. Clauses (i) renumbered as clause (j) thereof by Act No.8 of 2010, w.e.f 1-4-2010
4. Sustrituted for the words "Fifty rupees"  by Act No.9 of 2009, w.e.f. 1-4-2009

Please note : Article 5(f) introduced w.e.f. 1-4-1995. Duty was being levied as per conveyance No. 20 from 1-4-1995 to 31-3-1997. This was amended w.e.f. 1-4-1997 which was in force upto 31-3-1998, duty was being levied at a rate of 6%. Further this was amended w.e.f. 1-4-1998 which was in force upto 31-3-1998, duty was being levied at a rate of 4% subject to a maximum of Rs. 4 lakhs. 
Description of Instrument
Proper Stamp Duty


1[Art.6. Agreement relating to deposit of title deeds, 2pawn or pledge] that is to say, any instrument evidencing an agreement relating to,-
(1) The deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), where such deposit, has been made by way of security for the repayment of money advanced by way of loan or an existing or future debt;
3if such loan or debt is repayable on demand form the date of instrument evidencing the agreement
0.1 per cent on the loan or debt amount subject to a maximum of Rs.50,000/- but not less than Rs.500/-]
4Explanation:- For the purpose of clause(1), notwithstanding anything conatined     5in any law for the time being in force 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 in the absence of any separate agreement or memorandum of agreement relating to deposit of such tittle deeds, be deemed to be an instrument evidencing an agreement relating to the deposit of title deeds.]



1Art.6 substituted by Act No.9 of 1997 w.ef.1-4-1997
2 Substituted for the words "Pawn, Pledge or hypothecation" by Act No.6 of 1999, w.e.f. 1.4.1999.
3. Sub-Clauses (a) and(b) substituted by Act No.8 of 2010, w.e.f.1-4-2010
4.  Explanation Insert by Act No. 7 of 2006 w.e.f. 1.4.2006
5. Substituted for the words "in anyjudgement, decree or order of anyCourt" by Act No.8 of 2010, w.e.f.1-4-2010


                               
(2) 1[the pawn or pledge] of moveable property 2[xxx], where such 3pawn or pledge]1 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 such loan or debt is repayable not more than three months from the date of such instrument:
Twenty five paise for every hundred rupees or part thereof.
(b) if such loan or debt is repayable on demand for more than three months from the date of instrument evidencing the agreement.
4 [Exemption.-1. Instruments of Pawn or Pledge or Jewels where in such loan or debt is up to Rs 10,000/-.
2. Instruments of Pawn or Pledge of goods, if un attested]
Fifty paise for every hundred rupees or part thereof subject to a maximum of rupees two lakhs.]
  5[Provided that where a fresh instrument of  6 [xxxxx], pawn or pledge of movable property is executed for securing repayment of money already advanced by way of loan between the same parties and for the same purpose and for the same amount and the duty in respect of earlier instrument has been paid, then the duty chargeable on such fresh instrument is chargeable as per clause (i) of Article 5 of this Schedule.]
1. Substituted for the words "Pawn, Pledge or Hypothecation" by Act No.6 of 1999, w.e.f 1-4-1999
2. The words " whether attested or un attested" omitted by Act No.6 of 1999,          w.e.f 1-4-1999
3. Substituted for the words "Pawn, Pledge or Hypothecation" by Act No.6 of 1999, w.e.f 1-4-1999
4. Substituted by Act No.8 of 2008 w.e.f 1-8-2008
5.Proviso inserted by Act No.5 of 1998, 1-4-1998
6.The word " Hypothecation" omitted by Act No.6 of 1999,       w.e.f 1-4-1999

Art. 7. Appointment in execution of a power, whether of trustees or of property, moveable or immoveable, where made by any writing not being a will.
1. Substituted for the words "seventy five rupees" by Act No.7 of 2000 w.e.f. 1-4-2000
1 [One thousand rupees]
Art. 8. Appraisement or valuation, made otherwise than under an order of the Court in the course of a suit-



Description of Instrument
Proper Stamp Duty
(a) where the amount does not exceed Rs.1,000;
The same duty as a Bond (No.12) for such amount
(b) in any other case.
1.[ One Hundred Rupees ].
Exemptions;
  1. Appraisement or 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.
  2. Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

1. Substituted for the words "thirty rupees" by Act No.8 of 2003 w.e.f. 1-4-2003

Art. 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.
1. Substituted for the words "fifteen rupees" by Act No.8 of 2003 w.e.f. 1-4-2003
 
1. [Fifty rupees.]
Exemption:
Instrument of apprenticeship, by which a person is apprenticed by or at the charge of any public charity.

1[Art. 10. Articles of Association of, a company where the company has no share capital or nominal share capital or increased share capital.
2[Five hundred rupees for every rupees ten lakhs or part thereof.
Substituted by Act 8 of 1995, w.e.f. 1.4.1995.
  1. Substituted for the words "One thousand rupees for every rupees five lakhs or part thereof" by Act No.6 of 2001, w.e.f.1-4-2001.
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 (No.33)
Assignment: See Conveyance (No.20), Transfer (No. 52) and Transfer of Lease (No.53), as the case may be
Authority to Adopt:- See Adoption Deed (No.3).]
1 [Art. 11. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition on a reference made otherwise than by an order of the Court in the course of a suit-
The same stamp duty as a conveyance[under article 20(1)] on the amount or market value of the property(which is the subject matter of award), whichever is higher
1. Article 11- Substituted by Act No. 9 of 2009 w.e.f.1-4-2009.


Description of Instrument
Proper Stamp Duty
1 [Art. 12. Bond, 2 [defined by Section 2(1)(a), not being otherwise provided for by this Act, or by the Karnataka Court-fees and Suits Valuation Act, 1958;

(a) Where the amount or value secured does not exceed Rs. 1,000
Rupees five for every one hundred rupees or part thereof.
(b) Where it exceeds Rs. 1,000
The same duty as under clause (a) for the first one thousand rupees and for every five hundred rupees or part thereof in excess of one thousand rupees : Twenty-Five rupees.
See Administration Bond (No.2) Bottomry Bond (No. 13), Customs Bond (No. 23) Indemnity Bond (No. 29), Respondentia Bond (No.46), Security Bond (No. 47).

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


  1. Article 12 Substituted by Act No. 10 of 1990, w.e.f. 1.4.1990.
2. "Bond" includes (i) Any instrument whereby a person obliges himself to pay money to another, on condition that the
obligation shall be void if a specified act is performed or is not performed, as the case may be; (ii) any instrument
attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another;
and (iii) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce
to another. (Section 2(I)(a) of K.Stamp Act, 1957).
Description of Instrument
Proper Stamp Duty
Art. 13 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 Bond ( No.12) for such amount
1[Art. 14.Cancellation of Instruments         
(a) Cancellation of any Instrument previously executed on which stamp duty has been paid as per any article of the 2(schedule and not otherwise specifically provided for by the schedule)
3[Same duty as on the original instrument if such cancellation has the effect of reconveyance of property already conveyed by the original instrument
Provided that, if the original instrument is a conveyance on sale, then the stamp duty payable on such cancellation instrument is, as per Article 20(1), on the market value of the property as on the date of execution of such cancellation.]
(b) Cancellation of any Instrument executed by or on behalf of the Central Government or a Local Authority or Other Authority constituted by or under any law for the time being in force or a body corporate wholly owned or controlled by the Central Government or the State Government.
One hundred rupees.
(c) In any other case 4 [See also agreement or its records or Memorandum of an Agreement (No.5(e)(i)]. Release (No.45) Revocation of Settlement (No.48-B), Surrender of Lease (No.51)
5[xxxxxx]
One hundred rupees.
Explanation: If the original instrument has been subjected to determination of the market value under section 45-A of the Act, stamp duty on the cancellation of such instrument shall be the same as determined under section 45-A of the Act
One hundred rupees.
1.Article 14 substituted by Act No.7 of 2006 w.e.f 1-4-2006

2. Substituted for the word "schedule" by Act No.7 of 2007 w.e.f 1-4-2007.
3. Substituted by Act No.8 of 2010, w.e.f 1-4-2010
4. Substituted for the words "See also" by Act No.8 of 2010, w.e.f 1-4-2010
5. The words brackets, figures abd letter "Revocation of Trust (No.54-B) omitted by Act No.16 of 2011, w.e.f.1-4-2011

Art. 15. 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 Court or Tribunal or officer of Government or by any other authority under any enactment-

(a) Where the purchase money does not exceed Rs.10
One rupee
(b) where the purchase money exceeds Rs.10 but does not exceed Rs. 25;
One rupee and fifty paise.
(c) in any other case.
The same duty as a conveyance (No.20) for a market value equal to the amount of the purchase money only.

Description of Instrument
Proper Stamp Duty
1[Art.16. Certificate or other document evidencing the right or title of the holder thereof, or any other person, either to any share, 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.
One rupee for every one thousand rupees or a part thereof of the value of the share, scrip or stock.
See also letter of Allotment of Shares (No.31).                                                                                                                                                                                                                 Explanation:-For the purpose of this Article, the value of the share, scrip or stock includes the amount of premium, if any.]

1. Article 16 Substituted by Act No. 8 of 1995, w.e.f. 1.4.1995.
Description of Instrument
Proper Stamp Duty
Art. 17. Certificate of enrolment, in the roll of Advocates prepared and maintained by the State Bar Council under the Advocates Act, 1961 (Central Act 25 of 1961).
1.Substitued for the words "three hundered Thitry-five ruppes" by Act No.8 of 2003. w.e.f. 1-4-2003
1[Five hundred rupees].
Art. 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 charter, whether it includes a penalty clause or not.1.
1. Substitudes for the words "Six rupees" by Act. No. 8 of 2003, w.e.f. 1-4-2003
1[Fifty rupees].
1 [18-A. Clearance list:

(1) 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 chargeable under Article 5(b) or Article 37(e), 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.
1. Inserted by Act No. 8 of 1995, w.e.f. 1.4.1995.
(2) 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 any incorporated company or other body corporate submitted to the clearing house of a stock exchange recognized under the securities contracts(regulation) Act,1956.;
The sum of duties chargeable under Article 5(c)(i) or 37(b), 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) 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 any incorporated company or body corporate submitted to the clearance house of a stock exchange, not recognized under the securities contract(regulation)Act,1956.
The sum of duties chargeable under Article 5(c)(i) or 37(b), 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.]
Art. 19. Composition-deed, that is to say, any instrument executed by a debtor, where by 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 licence, for the benefit of his creditors.
1[One Hundred rupees.]
1.  Substituted for the words "fourty five rupees" by Act 8 of 2003 w.e.f.1.4.2003.
Description of Instrument
Proper Stamp Duty
1 Art.20 2 [(1)] for Conveyance, as defined by clause (d) of Section 2, not being a transfer charged or exempted under No. 52, on the market value of the property which is the subject matter of Conveyance,
[6%] of the value
4 [xxxxx]
5 [xxxxx]
[Provided further that in any case where a lease-cum-sale agreement is executed and is stamped with the ad-valorem stamp required for such agreement under item (d) of Article 5 and in furtherance of such agreement a conveyance is subsequently executed, the duty on such conveyance shall not exceed rupees ten or the difference of the duty payable on such conveyance and the duty already collected on the security deposit under item (d) of Article 5, whichever is greater.]

[Provided also that notwithstanding anything contrary contained in this Act, where a lease-cum-sale agreement was executed before the thirty first day of March 2001 in respect of a site allotted by any House Building Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959), and in furtherance of such agreement a conveyance is subsequently executed, the duty payable on such conveyance shall be on the market value of such site as on the date of execution of the lease-cum-sale agreement.]

1. Substituted by Act No. 9 of 1987, w.e.f. 1.4.1987.

2. clause (1) excluded proviso substituted by Act No.7 of 2006 w.e.f 1-4-2006.

3. Substituted for the worlds "seven and a half parcent" by Act 9 of w.e.f. 1.4.2009.

4. First proviso omitted by the Act No. 20 of 2009 and shell be deemed to have come into force w.e.f 4-6-2009

5. First proviso omitted by the Act No. 6 of 2001 w.e.f.2001

6. Second Proviso Inserted by Act No.16 of 1981 w.e.f 10-09-1980.

7.Inserted by Act No. 8 of 2003, w.e.f. 1.4.2003..

1(2) Where it relates to first        2[instrument] of conveyance executed by a promoter, a land owner, or a developer by whatever name called, pertaining to premises of "Flat" as defined in clause (a) of Section 2 of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 (Karnataka Act 16 of 1973) or Apartment as defined in clause (a) of Section 3 of the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973) or transfer of share by or in favour of Co-operative Society or Company pertaining to premises or unit and the market value of the property which is the subject matter of conveyance.
3[ the same duty as a conveyance under Article 20(1)] 4[on the market value of equal to the market value of the fully constructed flat or apartment or unit, irrespective of the stage of construction, deeming it as fully constructed]

Explanation, -
(a) "Premises" means and includes undivided interest in the land, building and proportionate share in the common areas;

(b) "Unit" includes flat, apartment, tenement, block or any other unit by whatever name called, constructed or under construction in accordance with the sanctioned plan by the authority competent to sanction a building plan under any law for the time being in force;

5[(c)"Promoter" xxxxxxx].]

1. Inserted by Act No. 19 of 1994, w.e.f. 1.4.1994.

2.Substituted for the words "first Instrument" by Act No.8 of 2010, w.e.f 1-4-2010
3. Substituted for the words " seven and half percent " by Act No.20 of 2009 and shellbe demeed to have come into force w.ef.4-6-2009
.4. Inserted by Act No.8 of 2010, w.e.f 1-4-2010
5. Clause (c) Omitted by Act No.8 of 2010, w.e.f 1-4-2010


1(3) Where any instrument of conveyance is effected by the Bangalore Development Authority constituted under Bangalore Development Authority Act, 1976 (Karnataka, Act 12 of 1976) the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) pertaining to premises of Flat or apartment.
The duty shall be payable at the rates specified under clause (2) of Article 20 on the amount or value of consideration as set forth in the instrument;                                                        Provided that in any case where a lease-cum-sale agreement is executed and is stamped with the advalorem duty required for such agreement under item(da) of article 5 and in furtherance of such agreement a conveyance is subsequently executed, the duty on such conveyance shall not exceed rupees fifty or the difference of the duty payable on such conveyance and the duty already collected on the security deposit under item (da) of Article 5, whichever is greater.
2 (4) if relating to an order made by the High court under section 394 of the companies Act, 1956 in respect of -                                                        1)Amalgamation of companies, including a subsidiary amalgamating with present company                                                                                                                                                                                                                              ii) Reconstruction or Demerger of a company


3[4[two per cent] [on the market value of the property] of the transferor company, located within the State of Karnataka and transferred to the trasferee company:or
An amount equal to 5[one per cent] of the aggregate value of shares issued r allotted in exchange, or otherwise and in case of subsidiary company, shares merged (or cancelled) with parent company and in addition, the amount of consideration if any, paid for such amalgamation; whichever is higher. 
6[7[two per cent] on the market value of the propery] of the transferor company, located within the State of Karnataka and transferred to the resulting comapany; or
An amount equal to 6[7[two per cent] of the aggregate value of shares issued or alltoted to the resulting company and in addtion, the amount of consideration if any, paid for such demerger or reconstruction; whichever is higher
Exemption: Amalgamation of sick companies with other, under the orders of Board of Industrial Finance and Reconstruction (BIFR)
10[Explanation- The term, "aggregarte value of shares" for the purpose of Article 20(4) means, the face value of shares or its market value,whichever is higher.]
11 (5) Conveyance relating to industrial machinery whether treated as moveable or immoveable property
Five percent of the market value.
1. Clause (3) Substituted as clause (3),(4),(5) and (6) by Act No. 6 of 1999, w.e.f. 1.4.1999.
2.Clause 4 substituted by Act No.7 of 2007w.e.f 1-4-2007
3.Substituted for the words, figures and brackets" same duty as a conveyance[under article 20(1)] on the market value of the property" by Act No. 8 of 2008 w.e.f 1-8-2008.
4.Substituted for the words "three percent" by Act No.16 of 2011, w.e.f 1-4-2011
5. Substituted for the figure and symble"0.7%" by Act No.16 of 2011, we.f1-4-2011
6.Substituted for the words, figures and brackets" same duty as a conveyance[under article 20(1)] on the market value of the property" by Act No. 8 of 2008 w.e.f 1-8-2008
7.substitued for the words "three per cent" by Act No.16 fo 2011, w.e.f.1-4-2011.
8.substituted for the figure and symbol "0.7%" by Act No.16 fo 2011, w.e.f.1-4-2011.
9. Inserted by Act No. 8 of 2008 w.e.f1-8-2008
10. Explanation insert by Act No.16 of 2011, w.e.f.1-4-2011
11.Clause (5) substituted by Act No. 8 of 2003 w.e.f 1-4-2003
(6) If relating to Assignment of receivables by the originator to the special purpose vehicle (SPV) or by whatever name they are called, in the process of securitisation. 1[under securitization and reconstruction of financial assets and enforcement of security interest Act, 2002].

2[(7) Conveyance relating to Transferable Development Rights
One rupee for every one thousand rupees or part thereof subject to a maximum of rupees one lakh.


1% on the market value of the Transferable Development Rights equal to the market value of the corresponding protion of the property leading to such Transferalbe Development Rights, which is the subject matter of conveyance; or consideration for such conveyance; whichever is higher.]
1. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
2. Clause (7) instered by Act No.8 of 2010, w.e.f 1-4-2010
Description of Instrument
Proper Stamp Duty
1[Art.21. Copy of extract certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to the Court-fees.

(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed five rupees.
Five rupees
(ii) if any other case.
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 any public purpose.

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

1. Art.21 substituted by  Act No.10 of 1990 w.e.f.1.4.1990
Description of Instrument
Proper Stamp Duty
Art. 22. Counterpart or Duplicate-of, any instruments, chargeable with duty and in respect of which the proper duty has been paid -

(a) if the duty with which the original instrument is chargeable does not exceed 1[five hundred rupees.]
The same duty as payable on the original
(b) in any other case.
2[Five hundred rupees].
Exemption
Counterpart of any lease granted to a cultivator when such lease is exempted from duty.

Art. 23. Customs Bond

(a) where the amount does not exceed Rs.1,000;
The same duty as a Bond No. 12 for such amount
(b) in any other case.
3[One Hundred Rupees]
Declaration of any Trust, see Trust (No.54).

  1. Substituted by Act No. 10 of 1990, w.e.f. 01.04.1990. Substituted for the words "Four Rupees and fifty paise" by Act No.9 of 2009, w.e.f. 1.4.2009.
  2. Substituted for the words "Fifty Rupees " by Act No.9 of 2009, w.e.f. 1.4.2009
  3. Sub stituted for the words "eighty Rupees" by Act No.8 of 2003 wef 1.4.2003.
Description of Instrument
Proper Stamp Duty
Art. 24. Delivery order in respect of goods, that is to say any instrument entitling any person, therein named, or his assignees 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, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein,
1[x x x]
2[(i) Where the value of the goods does not exceed Rs.1,000.
Rupee one.
(ii) Where the value of the goods exceeds Rs.1,000 thereof.
Rupees five for every rupees one thousand or part thereof.]1
Deposit of title deeds-
See Agreement relating to Deposit of Title-deeds, Pawn or pledge (No. 6).
Dissolution of partnership-See Partnership (No.40).
Art. 25. Divorce-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
Dower-Instrument of -See settlement (No. 48).
Duplicate - See Counterpart (No. 22)




3[One Hundred Rupees
  1. The words 20 paise Omitted by Act.No.7 of 2000 w.e.f. 1-4-2000.
  2. Substituted by Act No. 7 of 2000 w.e.f. 1.4.2000 for the words "when such goods exceeds in value 20 rupees"
  3. Substituted for words 10 rupees by Act No.8 of 2003 w.e.f.1-4-2003.
Description of Instrument
Proper Stamp Duty
Art. 26. Exchange of property Instrument of Extract - See Copy (No. 21).
The same duty as a Conveyance (No.20) for a market value equal to the market value of the property of greatest value which is subject matter of exchange.
Art. 27. 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 No.34 (that is, with possession):
The same duty as a Conveyance (No.20) for a market value equal to the amount of the further charge secured by such instrument.
(b) when such mortgage is one of the description referred to in clause (b) of Article No.34 (that is, without possession)-

(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument.
The same duty as a Conveyance (No.20) for a market value equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

1[ (ii) if possession is not given and not being a Hypothecation.
2[Fifty paise for every one hundred rupees for the amount of the further charge secured by such instrument.]
3[ (iii) for Hypothecation
Same duty as sub-clause (d) of article No.34 for the amount of the further charge secured by such instrument.]
4[Art. 28. Gift Instrument of not being a settlement (No.48) or will or transfer (No.52).

(a) Where the donee is not a family member of the donor.
The same duty as a Conveyance (No.20) for a market value equal to the market value of the property which is the subject matter of gift;
Provided that where an instrument of gift contains any provision for the revocation of the gift, the value of the property which is the subject matter of the gift, shall for the purposes of duty be determined as if no such provision were contained in the instrument.
1. Item (ii) Substituted by Act 6 of 1999, w.e.f. 1.4.1999.
2.  Substituted by Act 8 of 2003 w.e.f. 1.4.2003
3. Item (III) Inserted by Act 6 of 1999, w.e.f. 1.4.1999.
4. Art.28 substituted by Act 6 of 1999, w.e.f. 1.4.1999.
1(b) Where the donee is a member of the family of the donor.
Rupees one thousand
Explanation: Family in relation to the donor for this purpose means           2[father, mother], husband, wife, son, daughter,          3[daughter-in-law, brothers, sisters and grand children].
Hiring - Agreement or agreement for service See Agreement (No.5).

1. Clause (b) including the explanaton substituted by Act No.6 2001, w.e.f.1-4-2001.
2. Inserted by Act No. 9 of 2009 w.e.f 1-4-2009.
3. Substituted for the words"daughter-in-law"by Act No.7 of 2007w.e.f1-4-2007.

Art. 29. Indemnity Bond
The same duty as a Security Bond (No. 47) for the same amount.
Inspectorship Deed - See Composition Deed (No.19).

Art. 30. 1[Lease of immovable property -        2[3[(1) Lease of immovable property  including an under-lease or sub-lease and any agreement to let or sub-let where by such lease, the rent is fixed, or fine or premium or money advanced or security deposit (as the case may be) is paid or delivered.

4(i) where the lease purports to be for a term not exceeding one year in case of residential property
Fifty paise for every one hundred rupees or part thereof on the total amount or value of, the average annual rent,  premium fine and money advanced. Subject to a maximum of rupees five hundred 

(ii) where the lease purports to be for a term not exceeding one  year in case of commerial or industrial property.
Fifty paise for every one hundred rupees or part thereof on the total amount or value of, the average annual rent,  premium fine and money advanced.
(iii) where the lease purports to be for a term exceeding one year and not exceeding ten years
One rupee for every one hundred rupees or part thereof on the total amount or value of, the average annual rent,  premium fine and money advanced.
(iv) Where the lease purports to be for a term exceeding ten years and not exceeding twenty years
Two rupee for every one hundred rupees or part thereof on the total amount or value of, the average annual rent,  premium fine and money advanced.
(V)Where the lease purports to be for a term exceeding Twenty years and not exceeding Thirty years
Three rupee for every one hundred rupees or part thereof on the total amount or value of, the average annual rent,  premium fine and money advanced.
(VI) Where the lease purports to be for a term exceeding Thirty years or in perpetuity or does not purport to be for any definite term
the same duty as conveyance under Article 20(1) on the total amount or value of, average annual rent, fine, premium and money advanced; or on the market value of the property; whichever is higher;]
Provided that in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and  a lease in pursuance of such agreement is subequently executed, the duty on such lease shall not exceed  rupees fifty;]
Provided further that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand.

Explanation: The term "money advanced" in this article means and includes the security deposit whether refundable or adjustable towards the rent.
  1. substituted for the word "Lease" by Act No. 9 of 1997, w.e.f 1-4-1997
  2. Art 30 renumbered as 30(1) by Act No. 9 of 1997, w.e.f 1-4-1997
  3. Clause one of Arc 30 Substituted by Act No. 9 of 2009, w.e.f 1-4-2009                           
  4. Item Nos.  (i) to (iv) susstituted as item nos (i) to (vi) by Act No.8 of 2010,                                     w.e.f.1-4-2010
Description of Instrument
Proper Stamp Duty
1[(2) Lease of moveable property including an under lease or sublease and any agreement to let or sublet -
(a) where by such lease the rent is fixed and no premium is paid or delivered:-

(i) Where the lease purports to be for a term not exceeding ten years.
One rupee for every hundred rupees or part thereof on the average annual rent reserved, subject to a maximum of rupees two lakhs.
(ii) Where the lease purports to be for a term exceeding ten years.
One rupee and fifty paise for every hundred rupees or part thereof on the average annual rent reserved, subject to a maximum of rupees two lakhs.
(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved.
One rupee and fifty paise for every hundred or part thereof on the amount of such fine or premium or advance as set forth in the lease, subject to a maximum of rupees two lakhs.
1. Inserted by Act No. 9 of 1997 w.e.f. 1.4.1997.
(c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved.
One rupee and fifty paise for every hundred rupees or part thereof on the amount of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered, subject to a maximum of rupees two lakhs.

1["Provided that in respect of lease of industrial machinery the maximum duty chargeable shall be rupees ten thousand"].
2[Provided further that] in any case when an agreement to lease is stamped with advalorem stamp required for a lease and a lease, in pursuance of such agreement is subsequently executed the duty on such lease shall not exceed rupees fifteen.":
  1. First proviso Inserted by Act 5 of 1998, w.e.f. 1.4.1998.
  2. Substituted for the words "provided that" by Act No.5 of 1998, w.e.f. 1.4.1998.
Description of Instrument
Proper Stamp Duty
Art. 31. 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.
1[One Rupee]
See also certificate or other Document (No.16).

Letter of Guarantee-See agreement (No.5).

Art.32. Letter of licence-that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.
2[One Hundred Rupees]
3[32-A, Licence of immovable or moveable property,-

That is to say licence granted by owner or authority for rent or fee or by whatever name it is called, and money advanced or security deposit.

(i) Where the licence purports to be for a term not exceeding one year in case of resiential property
fifty paise for every one hundred rupees or part thereof on the total amount or value of; the average annual rent, premimum, fine and money advanced, subject to a maximum of rupees five hundred.
1. Substituted for the words "fifty paise" by Act No.8 of 2003 w.e.f.1-4-2003
2. Substituted for the words "forty five rupees " by Act No.8 of 2003 w.e.f.1-4-2003
3. Art.32-A substituted by Act No.8 of 2010, w.e.f.1-4-2010.
Description of Instrument
Proper Stamp Duty
(ii) Where the licence purports to be for a term exceeding one year in case commercial or industrial property
fifty paise for every one hundred rupees or part thereof on the total amount  or value of; the average annual rent, premimum, fine and money advanced
(iii) Where the licence purports to be for a term exceeding one year and not exceeding ten years.

(IV) Where the licence purports to be for a term exceeding ten years and not exceeding Twenty years.

(V)Where the licence purports to be for a term exceeding Twenty years and not exceeding Thirty years.
one rupee for every one hundred rupees or part thereof on the total amount  or value of; the average annual rent, premimum, fine and money advanced,

Two rupees for every one hundred rupees or part thereof on the total amount  or value of; the average annual rent, premimum, fine and money advanced,
Three rupees for every one hundred rupees or part thereof on the total amount  or value of; the average annual rent, premimum, fine and money advanced,

Description of Instrument
Proper Stamp Duty
1[Art.33. Memorandum of Association of a company,-

(a) If accompanied by Articles of Association under Section 26 of the Companies Act, 1956 (Central Act 1 of 1956).
2[One Thousand Rupees]
(b) If not so accompanied
The same duty as under Article (No. 10) accordinsg to the share capital of the company
Exemption :-
Memorandum of any Association not formed for profit and registered under Section 25 of the Companies Act, 1956 (Central Act 1 of 1956).]

1. Substituted by Act No. 8 of 1995, w.e.f. 1.4.1995.
2. Substituted for the words "200 rupees" by Act No.8 2003 w.e.f.1.4.2003.
Description of Instrument
Proper Stamp Duty
Art. 34. [Mortgage deed, not being an agreement relating to 1[Deposit of title-deeds, 2[pawn or pledge] (No.6), Bottomry Bond (No.13), Mortgage of a Crop (No.35), Respondentia Bond (No.46), or Security Bond (No.47).

(a) When possession of the property or any part of the property comprised in such deed is given by mortgagor or agreed to be given;
The same duty as Conveyance (No.20) for a market value equal to the amount secured by such deed.
(b) When possession is not given or agreed to be given as aforesaid 3[and not being a hypothecation].
4[Fifty paise for every hundred ruppes or part there of for the amount secured by such deed.]
Explanation.-- A mortgagor who gives to the mortgagee a power of attorney to collect rents, or a lease of the property mortgaged or part thereof is deemed to give possession thereof within the meaning of this Article

5[(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

1. "subsituted for the words deposit of title "Pawn, pledge (No.6) by Act No.8 of 1995 w.e.f.1-4-1995
2.  Substituted for the words Pawn, pledge or Hypothecation" by Act No. 6 of 1999 w.e.f. 1.4.1999.
3. Inserted by Act No.6 of 1999, w.e.f. 1.4.1999.
4. substituted for the wordsf "Rupees three for every hundred rupees or part thereof for the amount secured by such deed subject to a maximum of rupees three laksha" by Act No.8 of 2003, w.e.f. 1.4.2003.
5. clause (c) substituted as clause (c) & (d) by Act No.6 of 1999 w.e.f. 1.4.1999.
(i) for every sum secured not exceeding Rs. 1,000
1[Ten Rupees]
(ii) for every Rs.1,000 or part thereof, secured in excess of Rs.1,000.
[Ten rupees plus one rupee for every rupees one thousand or part thereof in excess of rupees one thousand.]
1[(d) for hypothecation of movable property.
Ten Rupees for every ten thousand rupees or part thereof advanced, subject to a maximum of Rupees ten thousand]
Exemption
(1) Instruments executed by persons taking advances under the Karnataka Land Improvement Loans Act, 1963
(Karnataka Act 16 to 1963), the Karnataka Agriculturists Loans Act, 1963 (Karnataka Act 17 of 1963) or by their sureties as security for repayment of such advances.
(2) Letter of hypothecation accompanying a bill of exchange.

1. substituted for the words "three rupees and fifty paise" by Act No.8of 2003, w.e.f. 1.4.2003
Description of Instrument
Proper Stamp Duty
Art. 35 Mortgage of a Crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is not in existence at the time of the mortgage -
(a) When the loan is repayable not more than three months from the date of the instrument -

For every sum secured not exceeding Rs. 200;
Fifty ]paise
and for every Rs. 200 or part thereof secured in excess of Rs. 200;
Fifty paise
(b) When the loan is repayable more than three months but not more than eighteen months from the date of the instrument -

For every sum secured not exceeding Rs.100;
1[Fifty Paisa
and for every Rs. 100 or part thereof secured in excess of Rs. 100;
2[Fifty Paisa
Art. 36. Notarial Act, that is to say, any instrument, endorsement note, attestation, certificate, or entry not being a protest (No. 42) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.
3 [XXXXXX]
See also Protest of Bill or Note (No.42).

4[Art 37. Note or Memorandum or record of transactions (Electornic or otherwise)
Sent by a broker or agent to his principal intimating the purchase or sale on account of such principal or effected by a trading member (agent) through stock exchange or associationor otherwise on behalf of the client (principal) resident in the State of Karnataka or otherwise.

1. Substituted for the words "One rupees" by Act No. 8 of 2003, w.e.f. 1.4.2003
2. Substituted for the words "One rupees" by Act No. 8 of 2003, w.e.f. 1.4.2003
3. The words "ten rupees" omitted by Act No. 16 of 2011, w.e.f. 1.4.2011.
4. Art.37 substitutee by Act No.8 of 2010, w.e.f.1-4-2010
Description of Instrument
Proper Stamp Duty
(a) of any goods or commodities
One Rupee for every rupees ten thousand or part thereof on the value of goods or commodities subject to a maximum of fifty Rupees
(b) of any share, scrip, stock, bond, debenture, debenture stock or other marketable Security of a like nature not being a Government Security
One Rupee for every rupees ten thousand or part thereof of the value of such security, at the time of its purchase or sale, as the case may be.subject to a maximum of fifty Rupees
(c) of a Government Security.




(d) Of securities other than those falling under clause (b) above, in respect of either delivery or non-delivery based (jobbing and trading) transactions.

(e) Of futures and options trading, of securtities other than those falling under clause (b) above


(f) Of forward contracts of commodities



Explanation:  For the purposes of clauses (b), (d) and (e), "securities" means, the securities as defined in clause (h) of Section 2 of the Securities Countracts (Regulation) Act, 1956.
One rupee for every rupees ten thousand or part thereof of the value of the security, at the time of its purchase or sale, as the case may be subject to a maximum of one thousand rupees

One rupee for every ten thousand or part thereof sujbejct a maximum of fifty rupees

One rupee for every ten thousand or part thereof sujbejct a maximum of fifty rupees

One rupee for every ten thousand or part thereof sujbejct a maximum of fifty rupees
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 any incorporated company or other body corporate, an entry relating to which is required to be made in clearance lists described in clauses (1),(2) and (3) of article 18 - A.


(2) Note or Memorandum sent by a broker or agent to his principal in any of the above cases, when the amount stated in the instrument is less than rupees one hundred.]

Art.38.Note of Protest by the Master of a ship.
Two rupees
See also Protest by the Master of a ship (No.43)

1[Art.39. Partition - Instrument of -as defined by Clause (k) of sub-section (1) of section 2

(a) where the property involved in the partition is converted for non agricultural purpose or is meant for non agricultural use.

(1) if the property is situated in the jurisdiction of Municipal Corporation or Urban Development Authorities or Municipal councils or Town Panchayats.
Rupees one thousand for each share.
(2) if the property is situated in the areas other than those mentioned in sub-clause (1) above
Rupees five hundred for each share.
1. Substituted by Act No. 6 of 1999, w.e.f. 1.4.1999.
(b) where the property involved in the partition is agricultural land
Rupees two hundred fifty for each share.
(c) Where the property involved in the partition is movable or money.
Rupees two hundred and fifty for each share.
(d) Where the property involved in the partition belongs to any of the combinations of categories mentioned in sub-clause(a),(b) and (c) above.
Maximum of the duties described in sub-clause (a), (b) or (c) above for each share]

Provided always that:
a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than 1[fifty rupees].

1(b) [xxxxxxx]
1.  Clasue (b) Omitted by by Act No. 6 of 1999, w.e.f. 1.4.1999.

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 the 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 1[fifty rupees].
2[Art. 40. Partnership :
A. Instrument of -

(a) Where the Capital of the Partnership does not exceed rupees 5000.
One hundred rupees.
(b) In any other case.
3[One Thousand rupees.
B. Reconstitution :-
(a) Where immovable property contributed as share by a partner or partners remains with the firm at the time of outgoing in whatever manner by such partner or partners on reconstitution of such partnership firm.
The same duty as conveyance duty (No. 20) on the market value of the immovable property remaining with the firm.
1. Substituted for the words "3 rupees" by Act No. 6 of 1999, w.e.f. 1.4.1999.
2. Art.40 Substituted by Act No. 8 of 1995, w.e.f. 1.4.1995.
3. Substituted forthe words "five hundred rupees" by Act No. 8 of 2003, w.e.f. 1.4.2003.
Description of Instrument
Proper Stamp Duty
(b) In any other case.
Five hundred rupees.
C. Dissolution of -

(a) Where the property which belonged to one partner or partners when the partnership commenced is distributed or allotted or given to another partner or partners.
The same duty as conveyance (No. 20 ) for a market value equal to the market value of the property distributed or allotted or given to partner or partners under the instrument of dissolution in addition to the duty which would have been chargeable on such dissolution if such property had not been distributed or allotted or given.
(b) In any other case
Five hundred rupees)]
Art. 41. Power of Attorney - (as defined by Section 2(1)(p) 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;
1[One hundred rupees]
(b) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a);
2[One hundred rupees]
(c) when authorising not more than five persons to act jointly and severally in more than one transaction or generally;
3[One hundred rupees]
1. Substituted for the words "ten rupees by Act No. 7 of 2000, w.e.f. 1.4.2000.
2. Substituted for the words "Twenty  rupees"  by Act No.10 of 1990, w.e.f. 1.4.1990
3. Substituted for the words "Forty one  rupees"  by Act No.10 of 1990, w.e.f. 1.4.1990
(d) when authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;
1[Two hundred rupees]
2[ (e) when given for consideration and or  when coupled with interest and authorising the attorney to sell any immovable property;
The same duty as a conveyance [ under Article  20(1)] on consideration or on market value of the property (which is the subject matter of such power of attorney) whichever is higher..
3[Provided that the duty paid on such power of attorney is adjustable towards the duty payable on agreement for sale under Article 5(e) or intrument of sale or as the case may be,executed between the same parties and in respect of the same property.]
4(ea)xxxxxx
4[xxxxxxx]
Explanation 1
(1) The expression "Lease" shall mean a holder of a lease, for a period exceeding thirty years or more or in perpetuity or does not purport to be for any definite term.
(2) The expression "building" shall mean a building having more than one apartment or flat or office accommodation or portion of a multistoried building or both.
Provided that, when proper stamp duty is paid under "clause (e), or clause (f) of the article 5, as the case may be, on such 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 these clauses shall be as per article 41(f)".
1.  Clause (e) substituted by Act No.9 of 2009 w.e.f. 1-4-2009.,
2. clause (e) and (ea) substitued by Act No.9 of 2009 w.e.f 1-4-2009., 
3. Substituted by Act No.16 of 2011, w.e.f. 1.4.2011
4. Clause (ea) omitted by Act No.16 of 2011, w.e.f.1-4.-2011
Description of Instrument
Proper Stamp Duty
1(eb) When given to person other than the father, mother, wife or husband, sons /daughters, brothers, sisters in relation to the executant authorising such person to sell immovable property situated in Karnataka State.
2[3[The same duty as a conveyance under Article 20(1) on the market value of the property which is the subject matter of power of attorney.

4[ Provided that the duty paid on such power of attorney is adjustable towards the duty payable on agreement for sale under article 5(e) or on the instrument of sale or transfer,as the case may be, executed between the same parties in respect of the same property.]
5[(f) When executed by a principal or client for the sole purpose of authorizing the agent or broker to carry out all lawful acts and deeds relating to his/her trading operations inlcudeing sale/purchase of marketable securities, transfer of securities towards stock exchange, receiving/ releasing funds and securities from/to other parties on behalf of the principal or client.
5[(g) When executed by a principal or client for the sole purpose of authorizingthe depository participant to carry out all lawful acts and deeds relating to his/her demat account as per the bye-laws of the depositories/regulations governing such operations.
6(h) in any other case.
5[Rupees fifty]




5[Rupees fifty]


7[Two hundred rupees.]
N.B. - The term "Registration" includes every operation incidental to registration under the Registration Act, 1908 (Central Act 16 of 1908).

Explanation - For the purposes of this Article more persons than one when belonging to the same firm, shall be deemed to be one person.

Act. 42. 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 dishonour of a bill of exchange or promissory note.
8[Ten rupees.]
1. clase (eb) Substituted by Act No. 6 of 1999, w.e.f. 1.4.1999.
2. Substituted for the words" eight rupees" by Act No. 7 of 2006 w.e.f 1-4-2006
3. Substituted for the words "seven fifty paise" for every one hundred or part there of by act No 20of 2009 and shellbe deemed in to have come force w.e.f.4.6.2009.
4. Substituted by Act No 16 of 2011, w.e.f. 1-4-2011
5..Clauses (f) and (g) inserted by Act no. 16 of 2011,w.e.f. 1-4-2011
6.Clause (f) renumbered as clause (h) by Act no. 16 of 2011, w.e.f. 1-4-2011
7. Substituted for the words "one rupees" by Act No. 9 of 2009, w.e.f. 1.4.2009
8. Substituted for the words "Five rupees" by Act No. 10 of 1990, w.e.f. 1.4.1990
Description of Instrument
Proper Stamp Duty
Art. 43. 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.
See also Note of Protest by the Master of ship (No. 38).
Five rupees.
Art. 44. Reconveyance of mortgaged property-

(a) if the consideration for which the property was mortgaged does not exceed Rs.1000;
The same duty as a Conveyance (No. 20) for a market value equal to the amount of such consideration as set forth in the re-conveyance.
1[(b) in any other case.
One hundred rupees.
2[Art. 45. Release, that is to say, any instrument (not being such a release as is provided for by Section 24), where by a person renounces a claim upon another person or against any specified property:]

  1. clase (b) substituted by Act 9 of 1987 w.e.f 1.4.1987
  2. Art. 45 Substituted by Act No. 10 of 1990, w.e.f. 1.4.1990.
Description of Instrument
Proper Stamp Duty
1[2[(a) where the release is not between the family members.
 [The same duty as a Conveyance [(Article No. 20(1)] on the market value of the property or on the amount or value of claim or part of claim renounced, as the case may be( which is the subject matter of release) or consideration for such release, whichever is higher.]
[Rupees one thousand.]
Explanation : Family in relation to a person for the purpose of clause (b) means husband, wife, son, daughter, father, mother, brother,                                     4["wife/children of predeceased brother"], sister,                         5["husband/children of predeceased sister"], wife of a predeceased son and children of a predeceased son or predeceased daughter.]

6[(c) Release of mortgage rights or lien
Same duty as bond (No. 12) subject to a maximum of rupees one hundred).
1. clauses (a) and (b) Substituted by Act No. 6 of 1999 dated 31-03-1999 w.e.f. 1.4.1999.
2. Clauses (a) substitued by Act No.9 of 2009 w.e.f. 1-4-2009
3. Clauses (b) including the Explanation  substitued by Act No.6 of 2001 w.e.f. 1-4-2001
4. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
5. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
6. clauses (c) Inserted by Act No.8 of 1995 w.e.f. 1-4-1995
Art 46, Respondentia Bond. that is to say, any instrument securing 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 (No. 12) for the amount of the loan secured.

Revocation of any Trust or settlement
See settlement (No. 48), Trust (No. 54)


Description of Instrument
Proper Stamp Duty
Art. 47 . Security bond or mortgage-deed, executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or execution by a surety to secure the due performance of a contract.

a) When the amount secured does not exceed Rs. 1000.
The same duty as a Bond (No. 12) for the amount secured
b) In any other case.
1[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 subscriptions to a charitable dispensary or hospitable or any other object of public utility shall not be less than a specified sum per mensem.
b).Under No. 3A of the rules made under Section 70 of the Bombay Irrigation Act, 1879:

c). By persons taking advances under the Karnataka Land Improvement Loans Act, 1963 (Karnataka Act 16 of 1963), the Karnataka Agriculturists Loans Act, 1963 (Karnataka Act 17 of 1963) or by their sureties as security for the repayment of such advances:
d) By officers of Government or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.

1. Substituted for the words "thirty rupees" by Act No. 10 of 1990 w.e.f. 1.4.1990.
Description of Instrument
Proper Stamp Duty
Art 48. Settlement
1[A. Instrument of (including a deed of dower)

(i) where the disposition is not for the purpose of distributing the property of the settlor among his family.
The same duty as a Conveyance (Article No. 20) for a market value equal to the market value of the property, which is subject matter of settlement.
Provided that, where an agreement to settle is stamped with the stamp duty 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 rupees fifty.

2[(ii) where the disposition is for the purpose of distributing the property of the settler among the members of his family
[Rupees one thousand]
Explanation: For the purpose of this sub-clause family in relation to settler means 3["father, mother,"] husband, wife, son, daughter, 4[daughter-in-law and grand children.
,

Exemption
Deed of dower executed on the occasion of a marriage between Muhamadans.
See also Trust (No. 54.)

1. clauses "A" Substituted by Act 6 of 1999, w.e.f. 1.4.1999.
2.Sub-clause (ii) with Explanation Substituted by Act 6 of 2001, w.e.f. 1.4.2001
3. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
4. Substituted for the words "daughter-in-law"  by Act No.7of 2007 w.e.f. 1.4.2007
1[B] Revocation of
The same duty as a Conveyance (No .20) for a sum equal to the amount or value of the property concerned, in the instrument of revocation, but not exceeding two hundred rupees.]
1. Item (B) Substituted by Act No. 9 of 1987 dated 1-04-1987.
Description of Instrument
Proper Stamp Duty
Art 49 Share warrants, to bearer issued under the Companies Act, 1956 (Central Act I of 1956)
One and a half times the duty payable on a Conveyance (No. 20) for a market value equal to the nominal amount of the shares specified in the warrant.
Exemptions
Share warrant when issued by a company in pursuance of Section 114 of the Companies Act, 1956, to have effect only upon payment as composition for that duty to the Deputy Commissioner of Stamp-revenue, of-
a. One and a half percentum 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 an addition to its subscribed capital one and a half percentum of the additional capital so issued.

Art. 50 Shipping Order for or relating to the Conveyance of goods on board of any vessel-
1[Two Rupees]
Art. 51. Surrender of lease -

a) When the duty with which the lease is chargeable does not exceed twenty-two rupees and fifty paise:
The duty with such lease is chargeable.
b) In any other case.
2[One Hundred rupees)
Exemption
Surrender of lease, when such lease is exempted from duty.
Art. 52. Transfer - (Whether with or without consideration) -

3[a) of debentures, being marketable>
Fifty paise for every rupees one hundred or part thereof subject to a maximum of one thousand rupees for a consideration equal to the face value of the debenture."]
b) of any interest secured by bond mortgage deed or policy of insurance-

i) If the duty on such bond, mortgage-deed or policy does not exceed twenty-two rupees and fifty paise.
The duty with which such bond, mortgage deed: or policy of insurance is chargeable.
ii) in any other case:
4[One hundred rupees]
c) of any property under Section 25 of the administrator Generals Act, 1963:
d) of any trust property from one trust to another trust or from trust to trustee or beneficiary, from trustee to trust or trustee or beneficiary, as the case may be
5[One hundred rupees]

6[The same duty as a conveyance [under Article 20 (1) on the market value of the property (which is the subject matter of such transfer) or consideration for such transfer, whichever is higher. Provided that for the public religious and charitable trusts, the duty for such transfer shall be rupees one thousand]
1. Substituted for the words "20 paise " by Act No. 8 of 2003, w.e.f. 1.4.2003
2. Substituted for the words "Thirty Rupees" by Act No. 10 of 1990, w.e.f. 1.4.1990.
3. clause (a) Substituted by Act No. 6 of 1999, w.e.f. 1.4.1999.
4. Substituted for the words " Thirty Rupees" by Act No. 10 of 1990.
5. Substituted for the words " Forty Five Rupees" by Act No. 10 of 1990.
6. Clause(d) substituted by Act No. 16 of 2011, w.e.f. 1-4-2011
Description of Instrument
Proper Stamp Duty
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 of title to goods.
c) of a policy of insurance
d) of securities of the Central Government or of State Government.
See also Section 8.

1[Art. 53 - Transfer of lease, by way of assignment, and not by way of underlease.
a)Where the remaining period of lease does not exceed thirty years.
b)Where the remaining period of lease exceeds thirty years.

The same duty as conveyance No. 20(1) for a market value equal to the amount of consideration.
The same duty as conveyance No. 20(1) on the market value of the property which is the subject matter of transfer.]
2[Art. 53 - A - Transfer of Licence
Same duty as conveyance (No. 20).
1. Art 53 substituted by Act No.7 of 2006 w.e.f 1-4-2006
2. Art 53  (A) substituted by Act No.8 of 1995w.e.f 1-4-1995
Description of Instrument
Proper Stamp Duty
1[Art. 54 . Trust.
 Declaration-of or concerning, any property when made by any writing not being a Will:-



(i) When the Trust is made exclusively for public religious and charitable purposes.
Rupees One Thousand.
ii) When the Trust is made  for the management and custody of properties,for the purpose of distributing the benefits/profits of the property to the beneficiaries and where there is no transfer/ disposition of property, in any way.
Rupees One Thousand.
(iii)When the Trust made involves the transfer/disposition of property in any way;
The same duty as conveyance [under Article 20(1)on the amount and the market value of the property,which is the subject matter of such transfer/disposition]
See also settlement (No. 8)

Valuation - see - Appraisement (No. 8)
                                                      

Art. 55. 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
Note - 4[x x x x x x]
3[Ten rupees]
1. Art 54 substituted by Act No. 16 of 2011,w.e.f.1-4-2011
2. Substituted for words "one rupee 50 paise " by Act No.8of 2003 w.e.f. 1-4-2003.
3. Note omitted by Act No.9 of 1987 w.e.f 1.4.1987

1 comment:

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