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| acts and rules: STAMP acts |
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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 Schedule. (Updated till 31/07/2010.)
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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 |
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.] |
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(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.] |
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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 |
The same duty as a Bond (No .12) for such amount |
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(b) in any other case |
7[One hundred
rupees.] |
1. Schedule substituted by Act No. 21 of 1979 w.e.f.
31.03.1979. 2. Article 1 substituted by Act No. 8 of 1995 w.e.f.
01.04.1995 3. Substituted for the figures "10,000/-" Act No.7 of
2000 w.e.f.
1-4-2000
4.Substituted for the worlds "one rupee" by Act No.7 of
2000 w.e.f. 1-4-2000 5. Sub Clause "b" substituted by Act No 7
of 2000 w.e.f. 1-4-2000. 6. Inserted by Act No. 6 fo 2001
w.e.f.
1.4.2001.
7. Substituted for the words "Thirty Rupees" by Act No.10 of 1990
w.e.f. 1-4-1990
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Article 3,
Adoption-deed, that is to say, any instrument (other than a
will), recording an adoption, or conferring or purporting to confer
an authority to adopt. |
1[Rs. Five
Hundred |
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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 |
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1[(a) If relating to the sale
of a bill of exchange |
One rupee for every rupees ten thousand or part
thereof |
1. Clauses (a) substituted by Act No. 8 of
1995 w.e.f. 01.04.1995.
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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. |
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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. |
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 |
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.
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(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.
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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
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1[(e) If relating
to sale of immovable property wherein part performance of the
contract |
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(i) possession of the property is delivered or is agreed to be
delivered without executing the conveyance. |
Same duty as a conveyance (No. 20) on the market value of the
property.
2[Provided that, where a deed
of cancellation of earlier agreement is executed by and between the
same parties in respect of the same property and if proper stamp
duty has been paid on such agreement, then the duty on such "deed of
cancellation" shall not exceed rupees five hundred.] |
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3[(ii) possession of the
property is not delivered.
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hundred rupees or part thereof on the market value equal to the
amount of consideration subject to a maximum of rupees Twenty
Thousand but not less than rupees Five
hundred.] |
1. Clause (e) to (i) Substituted by Act No.8 of 1995 w.e.f.
1-4-95.
2. Proviso inserted by Act No. 8 of 2010, w.e.f.
1-4-2010.
3. Sub Clause(ii) Substituted bt Act No.9 of 2009, w.e.f.
1-4-2009
4. Substituted bt Act No.8 of 2010, w.e.f. 1-4-2010.
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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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(g) If relating to sale of moveable property. |
Same duty in sub-clause (e) of this Article |
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(h) If relating to the mortgage. |
Same duty as under Article No.34(a) or (b) as the case may
be. |
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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 |
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4[(j) if not otherwise provided
for |
5Two hundred
rupees].] |
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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. substituted by Act No.8 of 2010, w.e.f 1-4-2010
3 Clauses (i) and (i-a) inserted by Act No.8 of 2010, w.e.f
1-4-2010
4. clauses (i) renumbered as clause (j) thereof by Act No.8 of 2010,
w.e.f 1-4-2010
5. Sustrituted for the words "Fifty rupees" by Act
No.9 of 2009, w.e.f. 1-4-2009
6. Explanation No. 1 omitted by Act No. 5 of 1998, w.e.f.
1.4.1998
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.
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1[Art.6. Agreement relating to deposit of title
deeds, 2pawn or pledge] that is to
say, any instrument evidencing an agreement relating to,-
(1) The deposit of title deeds or instruments constituting or
being evidence of the title to any property whatever (other than a
marketable security), where such deposit, has been
made by way of security for the repayment of money advanced by way
of loan or an existing or future debt;
3if such loan or debt is
repayable on demand form the date of instrument evidencing the
agreement |
0.1 per cent on the loan or debt amount subject to a maximum of
Rs.50,000/- but not less than Rs.500/-]
4Explanation:- For the
purpose of clause(1), notwithstanding anything
conatined 5in any law for the time being
in force or] order of any authority, any letter, note memorandum or
writing relating to the deposit of title deeds whether written or
made either before or at the time when or after the deposit of title
deeds is effected, and whether it is in respect of the security for
the first loan or any additional loan or loans taken subsequently,
such letter, note memorandum or writing shall, in in the absence of
any separate agreement or memorandum of agreement relating to
deposit of such tittle deeds, be deemed to be an instrument
evidencing an agreement relating to the deposit of title
deeds.] |
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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
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(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.- |
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(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. |
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(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.] |
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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
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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] |
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Art. 8. Appraisement or valuation, made otherwise than
under an order of the Court in the course of a suit-
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(a) where the amount does not exceed Rs.1,000; |
The same duty as a Bond (No.12) for such amount |
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(b) in any other case. |
1.[ One Hundred Rupees ]. |
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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.
1. Substituted for the words "thirty rupees” by Act No.8 of
2003 w.e.f. 1-4-2003 |
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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
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1. [Fifty
rupees.] |
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Exemption:
Instrument of apprenticeship, by which a person is apprenticed by
or at the charge of any public charity. |
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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.
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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 |
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1. Article 11- 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;
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(a) Where the amount or value secured does not exceed Rs.
1,000 |
Rupees five for every one hundred rupees or part
thereof. |
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(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. |
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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). |
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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. |
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- 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).
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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 |
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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.] |
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(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. |
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(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)
Revocation of Trust (No.54-B) |
One hundred rupees. |
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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. |
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1.Article
14 substituted by Act No.7 of 2006 w.e.f
1-4-2006 |
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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 |
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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- |
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(a) Where the purchase money does not exceed Rs.10 |
One rupee |
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(b) where the purchase money exceeds Rs.10 but does not exceed
Rs. 25; |
One rupee and fifty paise. |
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(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. |
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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. |
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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.] |
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1. Article 16 Substituted by Act No.
8 of 1995, w.e.f. 1.4.1995.
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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]. |
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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]. |
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1 [18-A. Clearance list:
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(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.
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(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. |
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(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.] |
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Art. 19. Composition-deed, that is to say, any instrument
executed by a debtor, where by he conveys his property for the
benefit of his creditors, or whereby payment of a composition or
dividend on their debts is secured to the creditors or whereby
provision is made for the continuance of the debtor's business,
under the supervision of inspectors or under letters of licence, for
the benefit of his creditors. |
1[One Hundred
rupees.] |
1. Substituted for the words "fourty five rupees" by Act 8 of
2003 w.e.f.1.4.2003.
|
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,
|
3 [6%] of the
value
4 [xxxxx]
5 [xxxxx] |
|
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.] |
|
|
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.] |
|
|
1. Substituted
by Act No. 9 of 1987, w.e.f. 1.4.1987.
|
|
|
2. clause
(1) excluded proviso substituted by Act No.7 of 2006 w.e.f
1-4-2006.
| |
|
3.
Substituted for the worlds "seven and a half parcent" by Act 9 of
w.e.f. 1.4.2009. |
|
|
4. First
proviso omitted by the Act No. 20 of 2009 and shell be deemed to
have come into force w.e.f 4-6-2009 |
|
|
5. First
proviso omitted by the Act No. 6 of 2001
w.e.f.2001 |
|
|
6. Second
Proviso Inserted by Act No.16 of 1981 w.e.f
10-09-1980. |
|
|
7.Inserted
by Act No. 8 of 2003, w.e.f.
1.4.2003.. |
|
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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. |
3[
the same duty as a conveyance under Article 20(1)] 4[on
the market value of equal to the market value of the fully
constructed flat or apartment or unit, irrespective of the stage of
construction, deeming it as fully
constructed] |
|
Explanation, -
(a) "Premises" means and includes undivided interest in
the land, building and proportionate share in the common
areas; |
|
|
(b) "Unit" includes flat, apartment, tenement, block or
any other unit by whatever name called, constructed or under
construction in accordance with the sanctioned plan by the authority
competent to sanction a building plan under any law for the time
being in force; |
|
|
5[(c)"Promoter"
xxxxxxx].] |
|
|
1. Inserted
by Act No. 19 of 1994, w.e.f.
1.4.1994. |
|
2.Substituted
for the words "first Instrument" by Act No.8 of 2010, w.e.f
1-4-2010
3. Substituted for the
words ” seven and half percent " by Act No.20 of 2009 and
shellbe demeed to have come into force
w.ef.4-6-2009
.4. Inserted by Act No.8 of 2010, w.e.f
1-4-2010
5. Clause (c) Omitted by Act No.8 of
2010, w.e.f
1-4-2010 |
|
1(3)
Where any instrument of conveyance is effected by the Bangalore
Development Authority constituted under Bangalore Development
Authority Act, 1976 (Karnataka, Act 12 of 1976) the Karnataka
Housing Board constituted under the Karnataka Housing Board Act,
1962 (Karnataka Act 10 of 1963) pertaining to premises of Flat or
apartment.
|
The duty shall be payable at the rates
specified under clause (2) of Article 20 on the amount or value of
consideration as set forth in the instrument;
Provided that in any case where a lease-cum-sale agreement is
executed and is stamped with the advalorem duty required for such
agreement under item(da) of article 5 and in furtherance of such
agreement a conveyance is subsequently executed, the duty on such
conveyance shall not exceed rupees fifty or the difference of the
duty payable on such conveyance and the duty already collected on
the security deposit under item (da) of Article 5, whichever is
greater. |
|
2 (4) if relating
to an order made by the High court under section 394 of the
companies Act, 1956 in respect of -
1)Amalgamation of companies, including a subsidiary amalgamating
with present company
ii) Reconstruction or Demerger of a company |
3[4[three
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 0.7% 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.
5[6[three 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 0.7% 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 |
|
7 Exemption:
Amalgamation of sick companies with other, under the orders of
Board of Industrial Finance and Reconstruction (BIFR) |
|
|
8 (5)
Conveyance relating to industrial machinery whether treated as
moveable or immoveable property |
Five percent of the market value. |
1. Clause (3) Substituted as clause (3),(4),(5)
and (6) by Act No. 6 of 1999, w.e.f. 1.4.1999.
2.Clause 4 substituted by Act No.7 of 2007w.e.f
1-4-2007
3.Substituted for the words, figures and brackets”
same duty as a conveyance[under article 20(1)] on the market value of the
property” by Act No. 8 of 2008 w.e.f 1-8-2008.
4. Substituted for the Figures and Simble "5%" by Act No.8 of
2010, w.e.f 1-4-2010
5.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
6.Substituted for the simble "5%" by Act
No.8 of 2010, w.e.f 1-4-2010
7. Inserted by Act No. 8 of 2008
w.e.f1-8-2008
8.Clause (5) substituted by Act No. 8 of 2003
w.e.f 1-4-2003
|
(6) If relating to Assignment of receivables by
the originator to the special purpose vehicle (SPV) or by whatever
name they are called, in the process of securitisation. 1[under securitization
and reconstruction of financial assets and enforcement of security
interest Act, 2002].
2[(7) Conveyance
relating to Transferable Development Rights |
One rupee for every one thousand rupees or part thereof subject
to a maximum of rupees one lakh.
1% on the market value of the Transferable Development Rights
equal to the market value of the corresponding protion of the
property leading to such Transferalbe Development Rights, which is
the subject matter of conveyance; or consideration for such
conveyance; whichever is higher.] |
1. Inserted by Act No.9 of 2009 w.e.f.
1-4-2009
2. Clause (7) instered by Act No.8 of 2010, w.e.f 1-4-2010
|
1[Art.21.
Copy of extract certified to be true copy or extract by or
by order of any public officer and not chargeable under the law for
the time being in force relating to the Court-fees. |
|
|
(i) if the original was not chargeable with duty, or if the duty
with which it was chargeable does not exceed five rupees. |
Five rupees |
|
(ii) if any other case. |
Ten rupees |
|
Exemption:
(a) Copy of any paper which a public officer is expressly
required by law to make or furnish for record in any public office
or for any public purpose. |
|
|
(b) Copy of, or extract from any register relating to the births,
baptisms, namings, dedications, marriages, divorces, deaths or
burials.] |
|
1. Art.21 substituted by Act No.10 of 1990 w.e.f.1.4.1990
|
Art. 22. Counterpart or Duplicate-of, any instruments,
chargeable with duty and in respect of which the proper duty has
been paid - |
|
|
(a) if the duty with which the original instrument is chargeable
does not exceed 1[five hundred
rupees.] |
The same duty as payable on the original |
|
(b) in any other case. |
2[Five hundred
rupees]. |
|
Exemption
Counterpart of any lease granted to a cultivator when such lease
is exempted from duty. |
|
|
Art. 23. Customs Bond |
|
|
(a) where the amount does not exceed Rs.1,000; |
The same duty as a Bond No. 12 for such amount |
|
(b) in any other case. |
3[One Hundred
Rupees] |
|
Declaration of any Trust, see Trust (No.54). |
|
- 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.
|
Art. 24. Delivery order in respect of goods, that is to
say any instrument entitling any person, therein named, or his
assignees or the holder thereof, to the delivery of any goods lying
in any dock or port, in any warehouse in which goods are stored or
deposited on rent or hire, or upon any wharf, such instrument being
signed by or on behalf of the owner of such goods upon the sale or
transfer of the property therein, |
1[x x x] |
|
2[(i) Where the value
of the goods does not exceed Rs.1,000. |
Rupee one. |
|
(ii) Where the value of the goods exceeds Rs.1,000
thereof. |
Rupees five for every rupees one thousand or part
thereof.]1 |
|
Deposit of title deeds-
See Agreement relating to Deposit of Title-deeds, Pawn or pledge
(No. 6).
Dissolution of partnership-See Partnership (No.40).
Art. 25. Divorce-Instrument of, that is to say, any
instrument by which any person effects the dissolution of his
marriage.
Dower-Instrument of -See settlement (No. 48).
Duplicate - See Counterpart (No. 22) |
3[One Hundred
Rupees |
- 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.
|
Art. 26. Exchange
of property Instrument of Extract - See Copy (No. 21). |
The same duty as a Conveyance (No.20) for a market value equal to
the market value of the property of greatest value which is subject
matter of exchange. |
|
Art. 27. Further charge Instrument of - that is to say,
any instrument imposing a further charge on mortgaged
property- |
|
|
(a) when the original mortgage is one of the description referred
to in clause (a) of Article No.34 (that is, with possession): |
The same duty as a Conveyance (No.20) for a market value equal to
the amount of the further charge secured by such
instrument. |
|
(b) when such mortgage is one of the description referred to in
clause (b) of Article No.34 (that is, without possession)- |
|
|
(i) if at the time of execution of the instrument of further
charge possession of the property is given or agreed to be given
under such instrument. |
The same duty as a Conveyance (No.20) for a market value equal to
the total amount of the charge (including the original mortgage and
any further charge already made) less the duty already paid on such
original mortgage and further charge. |
|
1[ (ii) if possession
is not given and not being a Hypothecation. |
2[Fifty paise for every
one hundred rupees for the amount of the further charge secured by
such instrument.] |
|
3[ (iii) for
Hypothecation |
Same duty as sub-clause (d) of article No.34 for the amount of
the further charge secured by such instrument.] |
|
4[Art. 28.
Gift Instrument of not being a settlement (No.48) or will
or transfer (No.52). |
|
|
(a) Where the donee is not a family member of the donor. |
The same duty as a Conveyance (No.20) for a market value equal to
the market value of the property which is the subject matter of
gift;
Provided that where an instrument of gift contains any provision
for the revocation of the gift, the value of the property which is
the subject matter of the gift, shall for the purposes of duty be
determined as if no such provision were contained in the
instrument. |
1. Item (ii) Substituted by Act 6 of 1999, w.e.f. 1.4.1999.
2. Substituted by Act 8 of 2003 w.e.f.
1.4.2003
3. Item (III) Inserted by Act 6 of 1999, w.e.f. 1.4.1999.
4. Art.28 substituted by Act 6 of 1999, w.e.f. 1.4.1999.
|
1(b) Where the donee is
a member of the family of the donor. |
Rupees one thousand |
|
Explanation: Family in relation to
the donor for this purpose
means
2[father, mother],
husband, wife, son,
daughter,
3[daughter-in-law,
brothers, sisters and grand children].
Hiring - Agreement or agreement for service See Agreement
(No.5).
1. Clause (b)
including the explanaton substituted by Act No.6 2001,
w.e.f.1-4-2001.
2. Inserted by Act No. 9 of
2009 w.e.f 1-4-2009.
3. Substituted for the
words”daughter-in-law”by Act No.7 of
2007w.e.f1-4-2007. |
|
|
Art. 29. Indemnity Bond |
The same duty as a Security Bond (No. 47) for the same
amount. |
|
Inspectorship Deed - See Composition Deed (No.19). |
|
|
Art. 30. 1[Lease of immovable
property - 2[3[(1) Lease of immovable property including an under-lease or sub-lease and any agreement
to let or sub-let where by such lease, the rent is fixed, or fine or
premium or money advanced or security deposit (as the case may be)
is paid or delivered. |
|
|
4(i) where the lease
purports to be for a term not exceeding one
year in case of residential property |
Fifty paise for every one hundred
rupees or part thereof on the total amount or value of, the average
annual rent, premium fine and money advanced. Subject to a
maximum of rupees five hundred |
|
(ii) where the lease purports to be for a term not exceeding one year in case of commerial
or industrial property. |
Fifty paise for every one hundred
rupees or part thereof on the total amount or value of, the average
annual rent, premium fine and money advanced.
|
|
(iii) where the lease purports to be for a term exceeding one year and not exceeding ten
years |
One rupee for every one hundred rupees or
part thereof on the total amount or value of, the average annual
rent, premium fine and money advanced.
|
|
(iv) Where the lease purports to be for a term
exceeding ten years and not
exceeding twenty years |
Two rupee for every one hundred
rupees or part thereof on the total amount or value of, the average
annual rent, premium fine and money advanced.
|
| (V)Where the lease purports to be for a term
exceeding Twenty years and not
exceeding Thirty years |
Three rupee for every one hundred
rupees or part thereof on the total amount or value of, the average
annual rent, premium fine and money advanced.
|
| (VI) Where the lease purports to be for a term
exceeding Thirty years or in perpetuity or
does not purport to be for any definite term |
the same duty as conveyance under Article 20(1)
on the total amount or value of, average annual rent, fine, premium
and money advanced; or on the market value of the property;
whichever is higher;]
Provided that in any case when an agreement to lease is stamped
with the ad valorem stamp required for a lease and a lease in
pursuance of such agreement is subequently executed, the duty on
such lease shall not exceed rupees fifty;]
Provided further that the duty in respect of an
instrument of lease executed in favour of the wife, husband, father,
mother, son, daughter, brother or sister in relation to the person
shall be rupees one thousand. |
|
Explanation: The term “money advanced” in this
article means and includes the security deposit whether refundable
or adjustable towards the rent. |
- 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
|
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.
|
Art. 31. Letter of Allotment, of shares in any company or
proposed company, or in respect of any loan to be raised by any
company or proposed company. |
1[One Rupee] |
|
See also certificate or other Document (No.16). |
|
|
Letter of Guarantee-See agreement (No.5). |
|
|
Art.32. Letter of licence-that is to say, any agreement
between a debtor and his creditors that the latter shall, for a
specified time, suspend their claims and allow the debtor to carry
on business at his own discretion. |
2[One Hundred
Rupees] |
|
3[32-A, Licence of immovable or
moveable property,- |
|
|
That is to say licence granted by owner or
authority for rent or fee or by whatever name it is called, and
money advanced or security deposit. |
|
|
(i) Where the licence purports to be for a term
not exceeding one year in case of resiential property |
fifty paise for every one hundred rupees or
part thereof on the total amount or value of; the average annual
rent, premimum, fine and money advanced, subject to a maximum of
rupees five hundred. |
1. Substituted for the words "fifty paise" by Act No.8 of 2003
w.e.f.1-4-2003
2. Substituted for the words "forty five rupees " by Act No.8 of 2003
w.e.f.1-4-2003
3. Art.32-A substituted by Act No.8 of 2010, w.e.f.1-4-2010.
|
(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, |
|
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.
|
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
|
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[Fufty Paisa |
|
and for every Rs. 100 or part thereof secured in excess of Rs.
100; |
2[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. |
3[Ten rupees] |
|
See also Protest of Bill or Note (No.42). |
|
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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. |
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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.Substituted for the words "Five rupees" by Act No. 10 of
1990, w.e.f. 1.4.1990.
4. Art.37 substitutee by Act No.8 of 2010, w.e.f.1-4-2010
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(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 |
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(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 |
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(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 |
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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. |
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(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.] |
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Art.38.Note of Protest by the Master of a ship. |
Two rupees |
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See also Protest by the Master of a ship (No.43) |
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1[Art.39. Partition -
Instrument of -as defined by Clause (k) of
sub-section (1) of section 2 |
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(a) where the property involved in the partition is converted for
non agricultural purpose or is meant for non agricultural
use. |
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(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. |
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(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.
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(b) where the property involved in the partition is agricultural
land |
Rupees two hundred fifty for each share. |
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(c) Where the property involved in the partition is movable or
money. |
Rupees two hundred and fifty for each share. |
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(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] |
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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]. |
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1(b)
[xxxxxxx] |
1. Clasue (b) Omitted by by Act No. 6 of 1999, w.e.f.
1.4.1999.
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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]. |
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2[Art. 40.
Partnership :
A. Instrument of - |
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(a) Where the Capital of the Partnership does not exceed rupees
5000. |
One hundred rupees. |
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(b) In any other case. |
3[One Thousand
rupees. |
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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.
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(b) In any other case. |
Five hundred rupees. |
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C. Dissolution of - |
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(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. |
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(b) In any other case |
Five hundred rupees)] |
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Art. 41. Power of
Attorney - (as defined by Section 2(1)(p) not being a
proxy- |
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(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] |
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(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] |
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(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
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(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] |
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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 onsuch power of attorney is adjustable towards the
duty payable on the instrument of sale or transfer executed
subsequently between the same parties and in respect of the same
property.] |
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(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. |
4[One rupee for every
one hundred rupees or part thereof on the market value of the
property which is the subject matter of such power of attorney
or on the consideration for such power of attorney, which ever is
higher subject to a maximum of rupees one lakh f-ifty
thousand. |
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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. Inserted by Act No.8 of 2010, w.e.f.1-4-2010
4. Substituted by Act No.8 of 2010, w.e.f.1-4-2010
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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. |
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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. |
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(f) in any other case. |
4[Two hundred
rupees.] |
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N.B. - The term "Registration" includes every operation
incidental to registration under the Registration Act, 1908 (Central
Act 16 of 1908). |
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Explanation - For the purposes of this Article more
persons than one when belonging to the same firm, shall be deemed to
be one person. |
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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. |
5[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 for the words "one rupees" by
Act No. 9 of 2009, w.e.f. 1.4.2009
5. Substituted for the words "Five rupees" by Act No. 10
of 1990, w.e.f. 1.4.1990
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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. |
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Art. 44.
Reconveyance of mortgaged property- |
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(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. |
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1[(b) in any other
case. |
One hundred rupees. |
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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:] |
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- 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.
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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.] |
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3[(b)
where the release is between the family members |
[Rupees one thousand.] |
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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.] |
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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
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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. |
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Revocation of any Trust or settlement
See settlement (No. 48), Trust (No. 54) |
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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. |
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a) When the amount secured does not exceed Rs. 1000. |
The same duty as a Bond (No. 12) for the amount secured |
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b) In any other case. |
1[One hundred
rupees] |
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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: |
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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. |
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1. Substituted for the words "thirty rupees" by
Act No. 10 of 1990 w.e.f. 1.4.1990.
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Art 48.
Settlement
1[A. Instrument
of (including a deed of dower) |
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(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. |
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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. |
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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] |
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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. |
, |
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Exemption
Deed of dower executed on the occasion of a marriage between
Muhamadans.
See also Trust (No. 54.) |
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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
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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.
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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. |
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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. |
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Art. 50 Shipping Order for or relating to the Conveyance
of goods on board of any vessel- |
1[Two Rupees] |
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Art. 51.
Surrender of lease - |
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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. |
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b) In any other case. |
2[One Hundred
rupees) |
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Exemption
Surrender of lease, when such lease is exempted from duty.
Art. 52. Transfer - (Whether with or without
consideration) - |
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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."] |
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b) of any interest secured by bond mortgage deed or policy of
insurance- |
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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. |
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ii) in any other case: |
4[One hundred
rupees] |
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c) of any property under Section 25 of the administrator Generals
Act, 1963:
d) of any trust property from the trustee to another trustee or
from a trustee to a beneficiary |
5[One hundred
rupees]
6(Two hundred
rupees) |
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. Substituted for the words " Fifteen Rupees" by Act No. 10 of
1990.
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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. |
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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.
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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.] |
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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
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Art. 54
. Trust. |
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1[A.
Declaration-of,
(i)Concerning any money or amount conveyed by the author to the
trust as the corpus. |
Rupees Five hundred |
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(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 |
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(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.] |
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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.] |
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See also settlement (No. 8)
Valuation - see - Appraisement (No.
8)
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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. 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
3. Substituted for words “one rupee 50 paise ” by Act No.8of 2003
w.e.f. 1-4-2003.
4. Note omitted by Act No.9 of 1987 w.e.f 1.4.1987.
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