|
Note: This electronic version
of the schedule is reproduced for your convenience and personal
use only and may not be copied for the purpose of resale in this
or any other form. Formatting of this electronic version may differ
from the official, printed version. Where accuracy is critical,
please consult official gazette notifications.
THE KARNATAKA STAMP ACT, 1957 1SCHEDULE
| [Art.1 Acknowledgement of :2
(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 |
Two rupees] |
| (b) when exceeds rupees 5,000] |
Two rupees plus rupees two for every thousand or part
thereof.] 4[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 |
5 [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 by Act No.7 of 2000 w.e.f. 1-4-2000
4. Inserted by Act No.6 of 2001 w.e.f. 1-4-2001.
5. Substituted for the words "Thirty Rupees"
by Act No. 10 of 1990 w.e.f. 01.04.1990.
| 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. |
Rs. Five Hundred |
| Advocate.- See Certificate of enrolment as an
Advocate (No. 17). |
|
| 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[Twenty rupees.] |
| Article 5. Agreement or2 [its records or] Memorandum
of an Agreement |
|
| 3 [(a) If relating to the sale of a bill of exchange |
One rupee for every rupees ten thousand or part thereof |
1. Substituted for the words "Fifteen Rupees" by
Act No.7 of 2000 w.e.f. 1-4-2000
2. Inserted by Act No. 8 of 1995 w.e.f. 01.04.1995.
3. 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[(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. |
- 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 |
|
- 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. |
|
| 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. Inserted by Act No.6 of 1999 w.e.f. 1-4-1999.
3. Sic (as in the original)
1. Substituted by Act No.8 of 1995 w.e.f. 1-4-95.
| 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.
|
One
rupee for every one hundred rupees or part thereof on the market value
of the property or the estimated cost of construction or proposed
construction or development or proposed development of the property, as
the case may be (which is the subject matter of such transfer under the
agreement in accordance with the provision of section 28 of the
K.S.Act, 1957) or on the consideration for such transfer whichever is
higher.
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(g) If relating to sale of moveable property. |
Same duty in sub-clause (e) of this Article |
| 1(h) If relating to the mortgage. |
Same duty as under Article No.34(a) or (b) as the case
may be. |
| 1(i) If not otherwise provided for |
Two Hundred rupees. |
| Explanation : 3(i) Omitted |
|
| 1[(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. Inserted by Act No.8 of 1995, w.e.f. 1-4-1995
2. Substituted by Act No. 6 of 2001 w.e.f. 1-4-2001.
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.
3. Explanation No. 1 omitted by Act No. 5 of 1998, w.e.f.
1.4.1998.
| 1[Art.6. Agreement relating
to deposit of title deeds, [pawn or pledge]2 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; |
|
|
|
|
3 [4 [(a) if such loan or debt is repayable on demand or more
than three months from the date of instrument evidencing
the agreement. |
If drawn singly |
If drawn in set of two, for each part of the set
|
If drawn in set of three for each part of the set |
| (i) when the amount of the loan or debt does not exceeds
Rs.500 |
Rs. P.
1.25 |
Rs. P.
1.00 |
Rs. P.
0.50 |
| (ii)when it exceeds Rs.500 but does not exceed Rs.1,000 |
2.50 |
1.25 |
1.00 |
| (iii) when it exceeds Rs.1,000 but does not exceed Rs.5,000 |
12.50 |
6.25 |
5.00 |
| (iv) when it exceeds Rs.5,000 but does not exceed Rs.10,000 |
25.00 |
12.50 |
10.00 |
| (v) when it exceeds Rs. 10,000 for every additional Rs.
5,000 or part thereof in excess of Rs.10,000; |
12.50
Subject to a maximum of Rs.5 lakh. |
6.25 |
5.00 |
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 2003,w.e.f.1-4-2003
4.Sub clauses (a)substituted by Act No. 8 of 2008,w.e.f.1-8-2008
| (b) If such loan or debt is repayable not more than
three months from the date of such instrument. |
Half the duty payable on a loan or debt under sub-clause
(i) or (ii) or (iii) or (iv) or (v) of clause (a) for the
amount secured subject to a maximum of Rs. Five lakhs.
2[Explanation-For the purpose of clause (1), notwithstanding anything contained in any judgment, decree or order of any Court 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 loanor loans taken subsequently, such letter, memorandum or writing shall, in the absence of any separate agreement or memorandum of agreement relating to deposit of such title deeds, be deemed to be an instrument evidencing an agreement relating to the deposit of title deeds.]
2 Explanation inserted by Act No.7 of 2006, w.e.f.1-4-2006 |
| (2) [the pawn or pledge]1 of moveable property 2[xxx],
where such [pawn 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 [One thousand rupees] |
| Art. 8. Appraisement or valuation, made otherwise
than under an order of the Court in the course of a suit- |
|
- Substituted for the words "seventy five rupees"
by Act No.7 of 2000 w.e.f. 1-4-2000
| (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. |
2 Hundred rupees |
| Exemptions;
- 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.
- Appraisement of crops for the purpose of ascertaining
the amount to be given to a landlord as rent.
2 Substituted for the words "thirty rupees” by Act No.8 of 2003 w.e.f. 1-4-2003
One Hundred Rupees
|
|
| 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. 3. Substituted for the words "fifteen rupees” by
Act No.8 of 2003 w.e.f. 1-4-2003
|
3 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- |
2 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&2- Substituted by Act No. 9 of 2009 w.e.f.1-4-2009. |
| 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).
| 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 |
| 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) |
Same duty as on the original |
| (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 See also Release (No. 45) Revocation of Settlement (No. 48-B), Surrender of Lease (No.51) Revocation of Trust (No. 54-B). |
|
| 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. |
|
| 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. |
| 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.
| 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). |
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. |
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. |
One Hundred rupees. |
| 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,
|
7 [6%] of the value |
| 3 [Provided that where a conveyance is backed by valid title insurance policy issued by any insurance company recognized by insurance regulatory and development authority, the duty shall be 7% of the market value of the property] |
4 [xxx] |
| 5 [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.] |
|
| 6 [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 by Act No.7 of 2000, w.e.f. 1.4.2000. |
|
4. First proviso omitted by the Act No. 6 of 2001w.e.f 1-4-2001 |
|
5. Second proviso inserted by Act No. 16 of 1981 w.e.f 10-9-1980. |
|
6. Inserted by Act No.8 of 2003 w.e.f 1-4-2003 |
|
7.Substituted by Act No. 9 of 2009 w.e.f 1-4-2009. |
|
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 by Act No.7 of 2000, w.e.f. 1.4.2000. |
|
4. First proviso omitted by the Act No. 6 of 2001w.e.f 1-4-2001 |
|
| 1 (2) Where it relates to first 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. |
2 [6.0%] of value |
| 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; |
|
| (c)"Promoter" means a promoter as defined
in clause (c) 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). |
|
1. Inserted by Act No. 19 of 1994, w.e.f. 1.4.1994. |
| 2.Substituted for the words ” 8% of the value” by Act No.7 of 2006 w.ef.1-4-2006 |
| 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 [Five percent on the market value of the property] of the transferor company, located within the state of Karnataka and transferred to the transferee company’ or
an amount equal to 0.7% of the aggregate value of shares issued or allotted in exchange, or otherwise and in case of a 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.
4 (5% on the market value of the property) of the transferor company, located within the state of Karnataka, and transferred to the resulting company-or
|
| 5 Exemption: Amalgamation of sick companies with
other, under the orders of Board of Industrial Finance and
Reconstruction (BIFR) |
|
| 6 (5) Conveyance relating to industrial machinery whether
treated as moveable or immoveable property |
Five percent of the market value. |
1. Clause 3 Substituted as clause3,4,5and 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, 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
5.Inserted by Act No. 8 of 2008 w.e.f1-8-2008
6.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]. |
One rupee for every one thousand rupees or part thereof
subject to a maximum of rupees one lakh. |
1. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
| 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.] |
|
| 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 2[five hundred rupees.] |
The same duty as payable on the original |
| (b) in any other case. |
3[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. |
4[One Hundred Rupees] |
| Declaration of any Trust, see Trust (No.54). |
|
- 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
- Substituted for the words "Six Rupees" by Act
No. 10 of 1990, w.e.f. 1.4.1990.
| 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] |
| 1[(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) |
One Hundred Rupees |
- Omitted the word 20 paise 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"
| 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. |
[Fifty paise for every one hundred rupees for the amount
of the further charge secured by such instrument.] |
| 2[ (iii) for Hypothecation |
Same duty as sub-clause (d) of article No.34 for the
amount of the further charge secured by such instrument.] |
| 1[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. Substituted by Act 6 of 1999, w.e.f. 1.4.1999.
2. Inserted by Act 6 of 1999, w.e.f. 1.4.1999.
| (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, 1[daughter-in-law, brothers, sisters and grand children].
Hiring - Agreement or agreement for service See
Agreement (No.5).
1. Substituted for the words”daughter-in-law”by Act No.7 of 2007w.e.f1-4-2007.
2. Inserted by Act No. 9 w.e.f 1-4-2009
|
|
| Art. 29. Indemnity Bond |
The same duty as a Security Bond (No. 47) for the same
amount. |
| Inspectorship Deed - See Composition Deed (No.19). |
|
| 1Art. 30. Lease of immovable
property - (1) 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. |
|
| (i) where the lease purports to be for a term not exceeding five years |
One rupee for every one hundred rupees or part thereof on the total amount of average annual rent and fine or premium or money advanced or security deposit, as the case may be, payable or deliverable under such lease. |
| (ii) where the lease purports to be for a term exceeding five years but not exceeding ten years. |
Two rupees for every one hundred rupees or part thereof on the total amount of average annual rent and fine or premium or money advanced or security deposit, as the case may be, payable or deliverable under such lease. |
| (iii) where the lease purports to be for a term exceeding ten years but not exceeding thirty years |
Four rupees for every one hundred rupees or part thereof on the total amount of average annual rent and fine or premium or money advanced or security deposit, as the case may be, payable or deliverable under such lease. |
| (iv) 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 a Conveyance Article No.20 (1) for the amount or value of such fine or premium or advance, as set forth in the lease, in addition to duty which would have been payable on such lease if no fine or premium or advanced had been paid or delivered or for an amount equal to market value of the property whichever is higher. |
|
Provided that in any case when an agreement to lease is stamped with the advelorem 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 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. |
- Art 30 is Substituted by Act No. 9 of 2009, w.e.f 1-4-2009
| 2[(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. Introduced by Sec. 15 of Act 6 of 1999 w.e.f. 1.4.1999.
2. 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.": |
- Inserted by Act 5 of 1998, w.e.f. 1.4.1998.
- Substituted by Act No.5 of 1998, w.e.f. 1.4.1998.
| 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. |
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. |
One Hundred Rupees |
| 1[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 five years. |
One rupee for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such license. |
| (ii) Where the licence purports to be for a term exceeding five years but not exceeding ten years. |
Two rupees for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such license. |
| (iii) Where the licence purports to be for a term exceeding ten years but not exceeding thirty years. |
Four rupees for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such license. |
1. Art. 32-A substituted by Act No.9 of 2009 w.e.f 1-4-2009
| 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). |
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.
| Art. 34. 1[Mortgage deed,
not being an agreement relating to 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 [and not being a hypothecation]. |
[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. "Mortgage deed" includes every instrument
whereby, for the purpose of securing money advanced, or
to be advanced, by way of loan, or an existing or future debt,
or the performance of an engagement,one person transfers,
or creates, to or in favour of, another, a right over or in respect
of specified property;(Section 2(l)(n) of K.Stamp Act,
1957).
2. Subsituted for the words "Pawn, pledge or Hypothecation"
by Act No. 6 of 1999 w.e.f. 1.4.1999.
- Substituted for the words "Same duty as bond No. 12
for the amount secured by such deed subject to a maximum of
rupees two lakhs and fifty thousand by Act No.5 of 1998
w.e.f. 1.4.1998.
- Inserted by Act No.6 of 1999, w.e.f. 1.4.1999.
- Substituted by Act No.6 of 1999 w.e.f. 1.4.1999.
| (i) for every sum secured not exceeding Rs. 1,000 |
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. Inserted by Act No.6 of 1999, w.e.f. 1.4.1999.
| 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; |
Fufty Paisa |
| and for every Rs. 100 or part thereof secured in excess
of Rs. 100; |
Fufty 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. |
1[Ten rupees] |
| See also Protest of Bill or Note (No.42). |
|
| 1Art 37. Note or Memorandum
Sent by a broker or agent to his principal intimating the
purchase or sale on account of such principal. |
|
1. Substituted by Act No. 8 of 1995, w.e.f. 1.4.1995.
| (a) of any goods exceeding in value twenty rupees. |
One Rupee for every rupees ten thousand or part thereof |
| (b) of any share, scrip, stock, bond, debenture, debenture
stock or other marketable> |
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. |
| (c) 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 one
thousand 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]. |
|
2b) [Omitted] |
1. Substituted by Act No. 6 of 1999, w.e.f. 1.4.1999.
2. 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. |
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 by Act No. 6 of 1999, w.e.f. 1.4.1999.
2. Substituted by Act No. 8 of 1995, w.e.f. 1.4.1995.
| (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); |
1[One hundred rupees] |
| (c) when authorising not more than five persons to act
jointly and severally in more than one transaction or generally; |
2[One hundred rupees] |
1. Substituted for the words "ten rupees" and "twenty
rupees" by Act No. 7 of 2000, w.e.f. 1.4.2000.
2. Substituted 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 authorising the attorney to sell any immovable property; |
The same duty as a conveyance (No. 20) for a market
value equal to the amount of the consideration or on market value of the property (which is the subject matter of such power of attorney) whichever is higher.. |
| (ea) When given for construction / development or sale of an immovable property, including a multi-unit house or building or unit of apartment or flat or portion of multi storied building to a person having a stipulation that after construction or development, such property shall be held jointly or severally by 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. |
One rupee for every one hundred rupees or part thereof on the market value of the property or the estimated cost of construction or proposed construction or development or proposed development of the property, as the case may be (which is the subject matter of such transfer under the power of attorney in accordance with the provisions of section 28 of the Karnataka Stamp Act, 1957) or on the consideration for such transfer whichever is higher. |
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. Substituted by Act No. 10 of 1990, w.e.f. 1.4.1990.
2. Clause (e) substituted by Act No.9 of 2009 w.e.f. 1-4-2009.,
| 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. |
2The 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. |
|
Provided that the duty paid on such instrument is adjustable towards the duty payable on the instrument of sale or transfer executed subsequently in favour of either the attorney holder or any other person.
|
| (f) in any other case. |
3[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. |
4[Ten rupees.] |
1. 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 and a half percent” by "K.S.(Amendment) Ordinance, 2009" w.e.f.4.6.2009.
4. Substituted for the words "five rupees" by Act
No. 10 of 1990, w.e.f. 1.4.1990.
| 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:] |
|
- Substituted by Act No. 9 of 1987, w.e.f. 1.4.1987.
- Substituted by Act No. 10 of 1990, w.e.f. 1.4.1990.
| 4[(a) where the release is not between the family members. |
5 [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.] |
| 2[(b) where the release is between
the family members |
2[Rupees one thousand.] |
| Explanation : Family in relation to
a person for the purpose of clause (b) means husband, wife,
son, daughter, father, mother, brother, 6[“wife/children of predeceased brother”], sister,7[“husband/children of predeceased sister”], wife of
a predeceased son and children of a predeceased son or predeceased
daughter.] |
| 3[(c) Release of mortgage rights or lien |
Same duty as bond (No. 12) subject to a maximum of rupees
one hundred). |
1. Substituted by Act No. 6 of 1999 dated 31-03-1999
w.e.f. 1.4.1999.
2. Substituted by Act No. 6 of 2001, w.e.f. 1-4-2001
for the words "Where the release is between the family
members,- (i) where the market value is less than Rs.50,000 Rs.500
(ii) Where the market value is Rs.50,000 and above but
less than Rs.10 lakhs. 2% of the value (iii) Where the market
value is Rs. 10 lakhs and above but less than Rs. 20 lakhs.
3% of the value (iv) Where the market value is Rs.20 lakhs
and above 5% of the value" and "Explanation: Family
in relation to a person for the purpose of clause (b) means
father, mother, husband, wife, sons, daughters, brothers and sisters"
3. Inserted by Act No. 8 of 1995, w.e.f. 1.4.1995.
4. & 5. Substituted by Act No.9 of 2009 w.e.f. 1-4-2009
6.& 7. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
| 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) |
|
| 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.
| 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 |
2[Rupees one thousand] |
| Explanation: For the purpose of this
sub-clause family in relation to settler means mother,”] husband,
wife, son, daughter, daughter-in-law and grand children. |
3[“father, |
| Exemption
Deed of dower executed on the occasion of a marriage between
Muhamadans.
See also Trust (No. 54.) |
|
1. Substituted by Act 6 of 1999, w.e.f. 1.4.1999.
2.Substituted by Act No.6 of 2001, w.e.f. 1-4-2001 for the
words "Where the disposition is for the purpose of
distributing the property of the settler among the members of
his family,- (i) where the market value is less than Rs.50,000
Rs.500 (ii) Where the market value is Rs.50,000 and above but
less than Rs.10 lakhs. 2% of the value (iii) Where the
market value is Rs.10 lakhs and above but less than Rs.20 lakhs.
3% of the value (iv) Where the market value is Rs.20 lakhs
and above 5% of the value" and "Explanation: Family
in relation to the settler for the purpose of clause (A)
means husband, wife, sons and daughters".
3. Inserted by Act No.9 of 2009 w.e.f. 1-4-2009
| 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. Substituted by Act No. 9 of 1987 dated 1-04-1997.
| 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- |
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. |
1[One Hundred rupees) |
| Exemption
Surrender of lease, when such lease is exempted from duty.
Art. 52. Transfer - (Whether with or without consideration)
- |
|
| 2[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: |
3[One hundred rupees] |
| c) of any property under Section 25 of the administrator
Generals Act, 1963: |
4[One hundred rupees] |
1. Substituted for the words "Thirty Rupees"
by Act No. 10 of 1990, w.e.f. 1.4.1990.
2. Substituted by Act No. 6 of 1999, w.e.f. 1.4.1999.
3. Substituted for the words " Thirty Rupees"
by Act No. 10 of 1990.
4. Substituted for the words " Forty Five Rupees"
by Act No. 10 of 1990.
| d) of any trust property from the trustee to another
trustee or from a trustee to a beneficiary. |
1(Two hundred rupees) |
| 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.
1. Art 53 substituted by Act No.7 of 2006 w.e.f 1-4-2006
|
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.]
|
| 3[Art. 53 - A - Transfer of Licence |
Same duty as conveyance (No. 20). |
- Inserted by Act 8 of 1995, w.e.f. 1.4.1995.
| Art. 54 . Trust. |
|
| A. Declaration-of,
(i)Concerning any money or amount conveyed by the author to the trust as the corpus. |
Rupees Five hundred |
| (ii) Concerning any immoveable property owned by the author and conveyed to the trust of which, the Author is the sole trustee. |
Rupees Five hundred |
| (iii) Concerning any immoveable property owned by the author and conveyed to the trust of which, the Author is not a trustee or one of the trustees. |
The same duty as conveyance Article 20(1) for the market value of the property conveyed.] |
| B. Revocation of-of, or concerning any property
when made by any instrument other than a will. |
The same duty as a Bond (No. 12) for a sum equal to
the amount or value of the property concerned, as set forth
in the instrument, but not exceeding 2[Two hundred rupees.] |
| See also settlement (No. 8)
Valuation - see - Appraisement (No. 8)
1. Clause A substituted by Act No. 7 of 2007 w.e.f 1-4-2007.
2. Substituted for words “sixty rupees” by Act No.10 of 1990 w.e.f. 1-4-1990.
|
|
| 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 - 3 [x x x x x x] |
Ten rupees |
|