Proper
Stamp Duty
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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,-
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3[(a)exceeds
rupees 100 but does not exceed rupees 5,000
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4[Two
rupees]
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5(b)
when exceeds rupees 5,000]
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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
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One
rupee for every rupees one hundred or part thereof of the amount charged therefor.]
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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)
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(a)
Where the amount does not exceed Rs.1,000
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The
same duty as a Bond (No .12) for such amount
|
(b) in
any other case
|
7[One
hundred rupees.]
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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
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.
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.
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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.
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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.]
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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
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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
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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.
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(c) If
relating to the purchase or sale of shares, scrips, stocks, bonds,
debentures, debenture stocks or any other Marketable>
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(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.
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(ii) In
any other case.
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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.]
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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
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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.
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- Clause (b) and (c) substituted by Act No. 8 of 1995, w.e.f. 01.04.1995.
- 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
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- Inserted by Act No. 10 of 1988, w.e.f. 15.04.1988.
- 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.
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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
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.
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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.]
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3[(ii)
possession of the property is not delivered.
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[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.]
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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.
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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)".
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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
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(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
|
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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.
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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
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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.]
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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. 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.
- 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.
|
|
- 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.
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1[One
Hundred rupees.]
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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
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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,
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3 [6%] of the value
4 [xxxxx]
5 [xxxxx]
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6 [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.]
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7 [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.]
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1. Substituted by Act
No. 9 of 1987, w.e.f. 1.4.1987.
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2. clause (1) excluded proviso substituted by Act No.7 of 2006 w.e.f
1-4-2006.
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3. Substituted for the worlds "seven and a half parcent" by
Act 9 of w.e.f. 1.4.2009.
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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
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5. First proviso omitted by the Act No. 6 of 2001 w.e.f.2001
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6. Second Proviso Inserted by Act No.16 of 1981 w.e.f 10-09-1980.
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7.Inserted by Act No. 8 of 2003, w.e.f. 1.4.2003..
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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.
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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]
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Explanation,
-
(a)
"Premises" means and includes undivided interest in the land,
building and proportionate share in the common areas;
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(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;
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5[(c)"Promoter"
xxxxxxx].]
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1. Inserted by Act No. 19 of 1994, w.e.f. 1.4.1994.
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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
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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.
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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.
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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
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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
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9 Exemption: Amalgamation of sick companies with other,
under the orders of Board of Industrial Finance and Reconstruction (BIFR)
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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.]
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11 (5) Conveyance relating to industrial machinery whether
treated as moveable or immoveable property
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Five
percent of the market value.
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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
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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.]
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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
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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.
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(i) if
the original was not chargeable with duty, or if the duty with which it was
chargeable does not exceed five rupees.
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Five
rupees
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(ii) if
any other case.
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Ten
rupees
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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.
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(b) Copy of, or extract from any register relating to the births,
baptisms, namings, dedications, marriages, divorces, deaths or burials.]
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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 -
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(a) if
the duty with which the original instrument is chargeable does not exceed 1[five hundred
rupees.]
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The
same duty as payable on the original
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(b) in
any other case.
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2[Five hundred rupees].
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Exemption
Counterpart
of any lease granted to a cultivator when such lease is exempted from duty.
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Art.
23. Customs Bond
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(a)
where the amount does not exceed Rs.1,000;
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The
same duty as a Bond No. 12 for such amount
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(b) in
any other case.
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3[One Hundred
Rupees]
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Declaration
of any Trust, see Trust (No.54).
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- 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.
- Substituted for the words "Fifty Rupees " by Act No.9 of 2009, w.e.f. 1.4.2009
- 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,
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1[x x x]
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2[(i)
Where the value of the goods does not exceed Rs.1,000.
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Rupee
one.
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(ii)
Where the value of the goods exceeds Rs.1,000 thereof.
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Rupees
five for every rupees one thousand or part thereof.]1
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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)
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3[One
Hundred Rupees
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- The words 20 paise Omitted by Act.No.7 of 2000 w.e.f. 1-4-2000.
- Substituted by Act No. 7 of 2000 w.e.f. 1.4.2000 for the words "when such goods exceeds in value 20 rupees"
- Substituted for words 10 rupees by Act No.8 of 2003 w.e.f.1-4-2003.
Description
of Instrument
|
Proper
Stamp Duty
|
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.
|
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Art.
27. Further charge Instrument of - that is to say, any instrument imposing a
further charge on mortgaged property-
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|
(a)
when the original mortgage is one of the description referred to in clause
(a) of Article No.34 (that is, with possession):
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The
same duty as a Conveyance (No.20) for a market value equal to the amount of
the further charge secured by such instrument.
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(b)
when such mortgage is one of the description referred to in clause (b) of
Article No.34 (that is, without possession)-
|
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(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.
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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.
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1[ (ii)
if possession is not given and not being a Hypothecation.
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2[Fifty paise
for every one hundred rupees for the amount of the further charge secured by
such instrument.]
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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.]
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(a)
Where the donee is not a family member of the donor.
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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.
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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.
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Rupees
one thousand
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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.
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Art.
29. Indemnity Bond
|
The
same duty as a Security Bond (No. 47) for the same amount.
|
Inspectorship
Deed - See Composition Deed (No.19).
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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.
|
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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
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(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.
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(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.
|
- substituted for the word "Lease" by Act No. 9 of 1997, w.e.f 1-4-1997
- Art 30 renumbered as 30(1) by Act No. 9 of 1997, w.e.f 1-4-1997
- Clause one of Arc 30 Substituted by Act No. 9 of 2009, w.e.f 1-4-2009
- 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.":
|
- First proviso Inserted by Act 5 of 1998, w.e.f. 1.4.1998.
- 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]
|
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)
|
|
(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:]
|
- clase (b) substituted by Act 9 of 1987 w.e.f 1.4.1987
- 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
|
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
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