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THE MAHARASHTRA STAMP ACT STAMP DUTY ON INSTRUMENTS (See section 3) Description Instrument 1 Proper Duty 2 1. ACKNOWLEDGEMENT of - a debt writteti 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 exceeds rupees 5,000 but One rupee. does not exceed rupees 10,000; and, or part 10,000. for every rupees 10,000 thereof in excess of rupees One rupee subject to a maximum of hundred rupees] 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, f i r m or body of persons whether incorporated or unincorporated to the sender of such letter, article, document, parcel, package or consignment. STAMPS BE USED - Adhes i ve One rupee for every rupees one hundred or part thereof of the amount charged therefor]; Schedule substituted by Mah. 27 1985. 51. 2. Article I renumbered as sub - clause by Mah. 29 of 1994, s . 3. Deleted by Mah. 32 of 2005, 5 7- 5 - 2005). 4. These words were substituted for the words 'fifty rupees" by the Mah. Tax Laws ( Le vy , Amendment and Validation) Act, 2004 5. inserted by Mah. 29 of 1994

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Page 1: THE MAHARASHTRAigrmaharashtra.gov.in/SB_PUBLICATION/DATA/Schedule/TheMahStampAct... · adoption or conferring or purporting to confer an authority to adopt. STAMPS TO BE USED - Non-Judicial

THE MAHARASHTRA STAMP ACT

STAMP DUTY ON INSTRUMENTS

(See section 3)

Description Instrument 1

Proper Duty 2

1. ACKNOWLEDGEMENT of -

a debt writteti or signed by, or

on behalf of, a debtor in order to supply evidence of such debt in any book (other t h a n a banker ' s p a s s 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

exceeds rupees 5,000 but One rupee.

does not exceed rupees 10,000; and,

or par t

10,000.

for every r u pe es 10 , 000 thereof in excess of rupees

One rupee subject to a maximum of

hundred rupees]

a letter, article, document, parcel,

package or consignment , of any na ture

or description whatsoever or by whatever name called, given by a person, courier company, firm or body of persons whether

incorpora ted or unincorporated to t h e

sender of such letter, article, document,

parcel, package or consignment.

STAMPS BE USED - Adhesive

One rupee for every rupees one

hundred or part thereof of the

amount charged therefor];

Schedule substituted by Mah. 27 1985. 51.

2. Article I renumbered as sub-clause by Mah. 29 of 1994, s.

3. Deleted by Mah. 32 of 2005, 5 7-5-2005). 4. These words were substituted for the words 'fifty rupees" by the Mah. Tax Laws (Levy, Amendment and Validation)

Act, 2004 5. inserted by Mah. 29 of 1994

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The Stamp Act [Art. 2

2. ADMINISTRATION BOND, including a

bond given under section 6 of the Government

Savings Banks Act, 1873 (V of 1873) or the

Indian Succession Act, 1925, of

(a) where the a mo u n t does not exceed 2,500;

The same duty a s Bond (Article 13) for such amount.

(b) in any other case. '[One hundred rupees.]

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Special Adhesive Stamp affixed by Proper

under Rule 11.

3. ADOPTION DEED, that is to say, any hundred rupees.]

inst rument (other than a Will) recording a n adoption or conferring or purporting to confer an authority to adopt.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Special Adhesive Stamp affixed by Proper

under Rule 11 .

4. AFFIDAVIT, that is to say, a statement hundred rupees.]] in writing purporting to be a statement of facts, signed by the person making it and confirmed by him on oath or, in the case of persons by law allowed to affirm or declare instead of swearing, by affirmation.

Exemptions

Affidavit or declaration in writing when

(a) as a condition of enrolment under the Air Force Act, 1950, (XLV of 1950) the

Army Act, 1950 of 1950) or the Navy

Act, 1957 of 1957);

1 . These words were substituted for the words 'Fifty by the Tax Laws (Levy, Amendment and Validation)

Act, 2004 s.

2. These words were substituted for the words 'One hundred Mah. 22 of 2001, 1-5-2001).

3. These words were substituted for the words 'Twenty rupees" by :he Mah. Laws (Levy, Amendment and Validation) Act, 2004

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Art. Schedule- 1

(b) for the immediate purposes of

being filed or used in any Court or before the officer of any Court; or

(c) for the sole purpose of enabling any person to receive any pension or

charitable allowance.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Special Adhesive Stamp affixed by Proper

under Rule 11 .

5. AGREEMENT OR ITS RECORDS OR

MEMORANDUM OF AN

(a) if relating to the sale of a bill of exchange;

'10.005 per cent of the amount of a

bill of

(b) if relating to the purchase of sale of a Government security;

per cent] of the value of security a t the time of i t s purchase or sale, a s the case may be.]

if relating to the purchase or sale of shares, stocks, bonds, debentures, debenture stocks or any other marketable security of a like nature in or of any incorporated company or other body c o r p o r a t e

when such agreement or

memorandum of an agreement is with

or through a member or between

I

members tof Stock Exchange recognised

per cent] of the value of the security a t the time of i ts purchase or sale, a s the case may be.

(Regulation) Act, 1956 (XLII of

in any other case; per cent ] of the value of

the security a t the time of i ts purchase or sale, a s the case may be.

if relating to the purchase or sale of cotton;

per cent] of the value of cotton.]

1. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' a s amended by

15 of 2011, s . . ... Enforcement date vet to be declared. 2. This portion substituted by Mah. 32 of 2005, S. 7-5-2005)

3. This portion was substituted for the words paise for every rupees or part thereof' a s amended by

Mah. 15 of 2011, Enforcement date yet to be declared. 4. This portion was substituted for the words "One rupee for every rupees 10.000 or part thereof' a s amended by

15 of 2011, s. Enforcement date yet to be declared,

5 This ponion was substituted for the words "Ope rupee for every rupees 10.000 or part thereof' a s amended by Mah.

15 of 2011. Enforcement date yet to be declared. 6. This was substituted for the words "One for every rupees 10,000 or part thereof' as amended by Mah.

15 of 2011, s . Enforcement date yet to be declared.

under he Securities Contracts

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The Maharashtra Stamp Act [Art. 5

(e) if relating to the purchase or sale of bullion or species;

per cent] of the value of silver or gold or sovereigns, a s the case may be.]

if relating to purchase or sale of oil seeds;

per cent) of the value of oil seeds.]

(g) if relating to the purchase or sale of yarn of any kind, non-mineral oils or

spices of any kind;

if relating to giving authority or power to a promoter or a developer, by whatever name called, for construction on, development of or, sale or transfer (in any manner whatsoever) of, any immovable property.

per cent ) of the value of

yarn of any kind, non-mineral

oil or spices of any kind, a s the

case may

'[The same duty a s is leviable on a

Conveyance under clauses (b) as the case may be, of

Article 25, on the market value

of the property:]

Provided that, the provisions of section

shal l , rnutatis rnutandis, apply to su ch agreement , records thereof or memorandum, a s they apply to an instrument under that section:

Provided further that , if the proper

stamp duty is paid under clause

(g) of article 48 on a power of

attorney executed between the

same parties in respect of the

same property then, the s tamp

duty under this article shall be

one hundred rupees].

1. This portion substituted by Mah. 32 of 2005, s.

2. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' as amended by Mah.

15 of 2011, Enforcement date yet to be declared.

3. This portion was substituted for the "One rupee for every rupees 10,000 or part thereof' as amended by Mah. 15 of 2011, Enforcement date yet to be declared.

i

4. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' a s amended by Mah. of 2011, Enforcement date yet to be declared.

5. Clause (g-a) inserted by 9 of 1997, and deemed to have been inserted,

6. Re-numbered by Mah. 32 of 2005, 5 7-5-2005). 7 This portion was substituted 'Five

prope y", by Mah. 16 of 2008, s. rupees for every five hundred rupees or part thereof of the market value of the

5-6-2008).

8 . letters and word substituted for the (Levy. Amendment and Validation) Act, 2012. Mah. 8 of

letters and words or by Mah. Tax 25-4-2012).

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if relating to the purchase of one

or more units in any scheme or project by

a person from a developer:

Provided that, on conveyance of

property by the person, under an agreement

under this sub-clause to the subsequent purchaser, the duty chargeable for each

unit under this sub-clause shall be adjusted against the duty chargeable under

Article 25 (conveyance) after keeping the

balance of one hundred rupees, i f such transfer or assignment is made a period of one year] from the date of the agreement. If on adjustment, no duty is required to be paid, then the minimum duty for the conveyance shall be '[rupees one hundred].

Same duty a s leviable on

conveyance under clause (a), (b) as the case may be, of

25 on the market value of the unit,];

Explanation- For the purposes of this

sub-clause, the unit shall include a flat,

apartment, tenement, block or any other

unit by whatever name called, as approved

by the Competent Authority in the building

plan.

*

if relating to transfer of tenancy of immovable property, for every square metre of the area of the tenanted property the right of tenancy in which is the subject matter of transfer and situated within the limits

(z) the Municipal Corporation of Greater

(A) for the purpose of residential use of any nature whatsoever;

same duty as is under Article

1. Sub-clause added by 32 of 2005, 7-5-2005).

2. These words were substituted "within a period of three years from", by Mah. 16 5-6-2008).

3. These brackets, letters and word substituted for the brackets, letters and wards (c) or (d)" by Mah. Tax Laws

(Levy, Amendment and Validation) Act, 2012, Mah. 8 of 2012, s. 25-4-2012).

4. Clause were deleted by Mah. 38 of 1994

5. Clause was inserted by 29 of 1994 1.5.1994).

6. These words were substituted for the words 'Two thousand rupees" a s amended by Mah. 15 of 201 s. 16-9-2011).

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The Maharashtra Stamp Act [Art. 5

for the purpose of

residential use;

(1) having area hundred rupees]. 27.88 squares metres (300 square feet);

(2) having area more than 27.88 squares metres

(300 sqaure feet)]

same duty as is under Article

the Municipal Corporations

of the Cities of Thane, Nagpur

and Navi Mumbai

(A) for the purpose of non-

residential use of any nature what-soever;

same duty as is under Article

for the purpose of residential use;

(1) having area hundred rupees]

27.88 squares metres (300 square feet);

having area more than 27.88 squares metres

(300 sqaure feet)]

same duty as is under Article

any Municipal Corporations other than those Municipal Corporations mentioned columns (i] and

(A) for the purpose of non-

residential use of any nature whatsoever;

same duty a s is under Article

1. This portion was substituted by Mah. 15 of 201 1, 1). Prior to substitution read as under -

for the purpose residential use hundred rupees

2. These words were substituted for the words 'One thousand rupees' as amended by Mah. 15 of 2011, 3 This portion was substituted by Mah. 15 of 2011, 16-9-2011).

Prior to substitution read a s under for the purpose of residential use; One hundred rupees

4. Sub-clause was substituted as Amended by Mah. Tax Laws (Levy and Amendment) Act, 2001,

5. These words were substituted for the words hundred rupees" as amended by Mah. 15 of 2011. 16-9-2011).

-

-

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Art.

'[(B) for the purpose of

residential use;

(1) having area

27.88 squares metres (300

square feet);

(2) having area more than 27.88 squares metres

'[Fifty rupees.]

'[The same duty as is Article

(300 sqaure feet)]

if relating to hi re-purchase Same d u t y as is payable Article

Explanation

Explanation

relating to, -

(i) any advertisement on mas s media, made for promotion of any product;

or programme or event with an intention to make profits or business out it,

(a) if the amount agreed does not exceed rupees ten

Two and paise for rupees 1,000 or part the amount agreed in the subject to minimum of

on

This was substituted by Mah. 201

to substitution read as under (B) for the purpose of residential use: rupees

16-9-2011).

. .

2. Inserted by Mah. Tax Laws (Levy and Amendment) Act.

dt. 3. Explanation I and were inserted by Tax Laws

29 of 1994. 1-5-1994) Notification No. and Amendment] Act, Mah. 29 of 1994, to which

was not brought into force and which was into force 1-5-1994 was deleted by Mah. 38

17.8.1994). Explanation For the purpose of clauses and the provisions of section 32A shall apply

to agreement, records thereof or as they apply to an instrument under that Explanation For the purpose of clauses (g-a) and where subsequently conveyance or mortgage, case may be, is executed in pursuance of such agreement or record thereof or memorandum, the stamp any, already paid and recovered on the agreement or record thereof or memorandum shall be adjusted

the total duty leviable on the conveyance or as the case may be. Clause substituted by the Bombay Stamp (Amendment) Act, 2005, 5 7-5-2005)

, .

Clause (A) substituted by the Mah Tax Laws (Levy. Amendment and Act. Mah. 17 of 1-7-2009)

-

-

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The Act [Art. 5

2

(b) in any other case Five rupees for every rupees 1,000 or

part thereof on the amount agreed in the contract.

(ii) conferring exclusive rights of telecasting, broadcasting or exhibition of an event or a film, -

(a) if the amount agreed does not exceed rupees ten lakhs;

Two rupees and fifty paise for every

rupees 1,000 or part thereof on

the amount agreed in the contract

subject to minimum of rupees

100.

(b) in any other case Five rupees for every rupees 1,000 or

part thereof on the amount agreed in the contract.

(iii) specific performsnce by any person or a group of persons where the

value of contract exceed rupees -

(a] if the amount agreed does not exceeds rupees ten lakhs;

(b) in any other case

(iv) creation of any obligation, right or interest and having monetary value, but not covered under any other article,

Two rupees and fifty paise for every

rupees 1,000 or part thereof on

the amount agreed in the contract

subject to minimum of rupees

100. Five rupees for every rupees 1,000 or

part thereof on the amount agreed in the contract.

i

I

(a) if the amount agreed does not exceed rupees ten

One rupee for every rupees 1,000 or par t thereof on t he amount agreed in the contract subject to minimum of rupees 100.

(b) in any other case Two rupees for every rupees 1,000 or

part thereof on the amount agreed in the contract.

-

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Art. Schedule-

(v) assignment of copyright under the Copyright Act, 1957,

(a) if the amount agreed does not exceed rupees ten lakhs;

Two rupees and fifty paise for every

rupees 1,000 or part thereof on

the amount agreed in the contract

subject to minimum of rup ees

in any other case Five rupees for every 1,000 or part thereof on the amount agreed

in the contract.

(vi) project 'under Built, Operate and

Transfer (BOT) system, whether with or without toll or free collection rights, -

(a] if the amount agreed does not exceed rupees Five lakhs;

One ruprees for every rupees 1,000 or par t thereof o n the a mo un t agreed in the contract subject to minimum of rupees 100.

(b) in any other case Two rupees for every rupees 1,000 or

part thereof on the amount agreed in the contract.]

(B) if not otherwise provided for,

Explanation.-- No duty shal l be One hundred rupees.";

chargeable on agreements or i ts record covered under sub-clauses (b) and (c] of

this article, if proper duty is paid under

article

Exemptions

Agreement or i ts records or Memorandum of

(a) for or relating to the purchase of

sale of goods or merchandise exclusively, not being an agreement or memorandum of agreement chargeable under entry entry (e), entry or entry (g) of this Article or a note or memorandum chargeable under Article 43;

-

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The Stamp Act [Art. 6

AGREEMENT TO LEASE : See Lease (Article

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed

Special Adhesive Stamp affixed by Proper under Rule 11 .

for Art. 5

for Art. 5 (a) t o adhesive under section 11

for Art. 5 (h) impressed stamp under Rule 6

6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN, PLEDGE, OR HYPOTHECATION, that is to say, any instrument evidencing an agreement relating

The deposit of title deeds or

instrument 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 or to be advanced by way of loan or a n existing

or future debt;

(a) if the amount secured by such deed does not exceed rupees five

or part thereof for the amount secured by such deed subject to the minimum of one hundred rupees.

(b) in any other case rupees for every rupees 1,000 or part thereof, for the amount

secured by such deed, subject to the maximum of ten lakh rupees].

1. Clauses and were deleted by

2. Clause and (2) were substituted by

1-7-2009), .

9 of 1988, 22-4-1988). Laws (Levy Amendment and Act. 17 2009.

3. thereof for the 2014,

by

1-7-2014).

lor the words part deed." Lawa (Levy, Amendment and Act.

s

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Art. Schedule-l

(2) The pawn, pledge, or

hypothecation of movable property, where

such pawn, pledge or hypothecation has

been made by way of security for their

repayment of money advanced or to be

advanced by way of loan or an existing or future debt,

(a) if the amo un t secured by such deed does not exceed rupees Five

lakhs;

One rupee for every one thousand

or part thereof for the amount

secured by such deed subject to the minimum of one hundred rupees.

(b) in any other case '[Two rupees for every rupees 1,000

or part thereof, for the amount secured by such deed, subject to the maximum of ten l akh rupees.]

I].-For the purposes of

clause of this Article, notwithstanding

anyth ing contained in any judgement , decree or order of any court or order of any authority, any letter, note, memorandum or writing relating to the deposit of title

deeds whether written or made'e ither before or a t the time when or after the depos it of t i tle d ee ds is effected, an d 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 shal l , 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.

1. These words and figures for the words and figures for rupees 1,000 part

thereof for the amount secured by such deed." Mah. Laws (Levy, Amendment and Act, 2014, 1-7-2014).

2. Explanation re-numbered as 'Explanation I" by Mah. 20 of 2002, s. 1-5-2002).

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The Act [Art. 7

Exemption

(2) Letter of hypothecation accompanying a bill of exchange.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed

Special Adhesive Stamp affixed by Proper under Rule 1 1 .

7. APPOINTMENT EXECUTION OF A

POWER; where made by any writing not being a

(a) of trustees, hundred rupees.]

STAMPS TO BE USED - Stamp

hundred and fifty rupees.]

Paper under Rule 6 or Impressed Special Adhesive Stamp affixed by Proper

under Rule 1 1 .

8. APPRAISEMENT OR VALUATION, made

otherwise than under an order of the court in the course of a suit.

Same duty a s per Bond (Article 13)

subject to maximum of hundred rupees.]

Exemption

(a) Appraisement on valuation made for the information of one party only, and not

being in any manner between parties either by agreement or operation of law.

1. Deleted for the words "Instrument of Pawn, Pledge or Hypothecation of goods, if unattested" by Mah. 9 of 1997,

2. Explanation was added Mah 20 of 2002, s . Amendment and Validation) Act, Mah. 17

1-5-2002) and was deleted by the Mah. Tax Laws (Levy.

1-7-2009) s . the sam e Explanation read as

"For the purposes of this the maximum duty of ten rupees shall be leviable for a single instrument

involved in a one time transaction. Instrument of other or subsequent transaction in respect of the same property

or of clause in the same instrument shall be treated as a fresh instrument"

3. These words were substituted for the words 'Fifty rupees" 17 of 1993,

4. These words were substituted for the words 'Fifty-five rupees" by Mah. 17 of 1993,

5. These words were substituted for the words "Fifty rupees" by the Mah. Tax Laws (Levy, Amendment and Validation)

Act. 2004

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(b) Appraisement of crops for the purpose of ascertaining the amount to be

given to a landlord as rent.

STAMPS TO BE USED - Non-Judicial Stamp

paper under Rule 6 or Impressed Label/

Special Adhesive Stamp affixed by Proper Ojjicer under Rule 11 .

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, not being of articles of clerkship

(Article 11).

Exemption

Instrument of apprenticeship executed

under the Apprentices Act, 1961, or by which a person is apprenticed by or at the charge of any

public charity.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Label/ Adhesive Stamp affixed by Proper

under Rule 11 .

10. ARTICLES OF ASSOCIATION OF A

the Company has no share capital) or nominal share capital or increased share capital.

One thousand rupees for every

rupees or part thereof, to a maximum of

Rs.

Exemption

Articles of any association not formed for

profit and registered under section 25 of the

Companies Act, 1956 [See also Memorandum of

Association of a Company (Article

1. These words were substituted for the words "Fifty rupees" by the Mah. Laws (Levy. Amendment and Validation) Act. 2004

2 . These words were substituted for the words "on the share capital" by Mah. 9 of 1988, 17-3-1988). 3 . These words were added as Amended by Mah. 22 of 2001 1-5-2001).

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The Maharashtra Stamp Act [Art. 11

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Special Adhesive Stamp by Proper

under Rule 11 .

No. Mundrak.

dated 2nd August, 1994 - In exercise of the

powers conferred by clause (a) of section 9 of the Bombay Stamp Act, 1958 (Bom. LX of 1958). the Government of Maharashtra, having satisfied that

it is necessary to do so in the public interest,

hereby reduces, with effect from the 1st August,

1994, the maximum duty chargeable on Articles of Association of a Company under Article 10 of Schedule 1 the said Act, to Rs. Twenty-five

11. OF CLERKSHIP or contract whereby any person first becomes bound to serve a s a clerk in order to his admission a s a n Attorney in any High Court.

'[Seven hundred and fifty rupees.]

ASSIGNMENT, development agreement (Article Conveyance] (Article

Transfer (Article 59) and Transfer of lease

(Article as the case may be.

ATTORNEY, See ent ry as a n Attorney (Articles 31) and Power of Attorney (Article

AUTHORITY TO ADOPT, See Adoption Deed (Article

STAMPS TO BE USED - Stamp

Paper under Rule 6 or Impressed Adhesive Stamp by Proper

under Rule 11.

These words were substituted for the words 'Three hundred seventy rupees" by Mah. 17 of 1993, 3-5-1993).

2. by Mah. 32 of 2005, 7-5-2005).

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AWARD, that is to say, any decision writing by a n arbitrator or umpire, on a

reference made otherwise than by an order of the Court in the course of a su it , being an award made as a result of a written agreement to submit , present or future differences to Arbitration but not being an award directing a

(a) on the amount of value of the property to which the award relates a s set forth in the award.

The same duty a s Bond (Article. subject to a maximum of hundred rupees.

(b) in any other case. '[One hundred rupees.]

Exemption

Award under section 18 of the Bombay Hereditary Offices Act, 1874 of 1874) or section 330 of the Maharashtra Municipalities

Act, 1965 (Mah. L of 1965).

STAMPS BE USED - Stamp

Paper under Rule 6 or Special Adhesive

Stamp by Proper Officer under

Rule 11 .

13. BOND not being a debenture and not being otherwise for by any provisions of this Act (whether or not such provisions relate to any particular types of Bonds), or by the Bombay Court-fees Act, 1959 of 1959) for every rupees five hundred or part thereof.

rupees subject to a minimum of rupees one hundred]

I Exemption

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

1. These words were substituted for the words

2. These words were substituted for the words "Five

Act, 2004 s.

rupees" by 17 of 1993, by the Mah. Tax Laws (Levy, Amendment and Validation)

X

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The Stamp Act [Art. 14

STAMPS BE USED - Stamp

Paper under Rule 6 or Special Adhesive Stamp affixed by Proper Officer under

Rule 11.

14. 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.

STAMPS BE USED Stamp Paper under Rule 6 or Special Adhesive

Stamp aff ixed by Proper Officer under Rule 1 1.

The same duty as a Bond (Article 13)

for the same amount.

15. CANCELLATION- Instrument of, if '[One hundred rupees.] attested and not otherwise provided for.

Exemption

Instrument a Will.

STAMPS TO BE USED Non-Judicial Stamp

Paper under Rule 6 or Adhesive

Stamp aff ixed by Proper Officer under Rule 11.

16. 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

auction by a Civil or Revenue Court, o r

Collector or other Revenue Officer or any other officer empowered by law to sell property by public auction.

The same duty a s is leviable on a

Conveyance under clause (a), b) a s the case may be, of

Article 25 on the market value of the property.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Special Adhesive

Stamp aff ixed by Proper Officer under Rule 11.

1. These words were substituted for the words "Forty rupees", by Mah. 22 2001 2. These brackets, letters and word substituted for the brackets, letters and words or (d)" by Mah. Tax Laws

(Levy, Amendment and Validation) Act, 2012, Mah. 8 25-4-2012).

-

(

-

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CERTIFICATE OR OTHER DOCUMENT,

the right or title of the holder thereof, any other person either to any shares, scrip

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

One rupee for every one thousand rupees or a part thereof, of the

value of the shares , scrip or

or body.

[Se e also Letter of Allotment of Shares

(Article

Explanation.- For the purposes of this

Article, the value of shares, scrip or stock

includes the amount of premium, if any.

STAMPS TO BE USED - Adhesive Stamp

(Section 11). In Case Duty Exceeding Re.l by Impressed Stamp by

18. CHARTER-PARTY, that is to say, any hundred rupees] instrument (except an agreement for the hire of tug steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a

penalty clause or not.

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Special Adhesive Stamp aff ixed by Proper Officer under Rule 11 .

19. (1) CLEARANCE LIST relating to the transactions for the purchase or sale of Government securities submitted to the clearing house of a stock exchange.

(2) CLEARANCE LIST, relating to the

transactions for the purchase or sale of a share, scrip, stock, bond, debenture, debenture stock

or other marketable security of a like nature in or of an incorporated company or other body corporate, submitted to the clearing house of a stock exchange recognised under the Securities Contracts (Regulation) Act, 1956, of 1956).

The sum of duties payable under Article or a s 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, a s the case may be.

The sum of duties payable under Article or a s 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, a s the case may be.

1 . Article 17 was substituted by Mah. 29 of 1994, s.

2. These words were substituted for the words 'Twenty Validation) Act, 2004, s.

1.5.1994).

rupees" by the Mah. Tax Laws (Levy, Amendment and

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The Maharashtra Stamp Act [Art. 20

(3) CLEARANCE LIST, relating to the

transactions for the purchase or sale of a share, scrip, stock, bond, debenture, debenture stock or

other marketable security of a like nature in or an incorporated company or body corporate,

submitted to the clearing house of a stock

exchange, not recognised under the Securities Contract (Regulation) Act, 1956, (XLIII of 1956).

The sum of duties payable under

Article or a s the

case may be, in respect of each

of the entries in such list on the

value of the securities calculated

at the making u p price or the

contract price, as the case may

be.

STAMPS TO BE USED - Impressed Labels

(Rule 1 1 ) or Special Adhesive Stamp by Proper Officer under Rule 19.

20. CLEARANCE LIST, relating to the

transactions for the purchase or sale of cotton submitted to the clearing house of a Cotton

Association.

STAMPS TO BE USED - Impressed Labels

(Rule or Special Adhesive Stamp by Proper Officer under Rule 19.

The sum of duties payable under Article or as the case may be, in respect of each of

the entries in such list on the uni ts of transactions or part thereof.

21. CLEARANCE LIST, relating to the transactions for the purchase or sale of bullion or submitted to the clearing house of a

Bullion Association.

STAMPS TO BE USED - Impressed Labels

(Rule 1 1 ) or Special Adhesive Stamp by Proper Officer under Rule 19.

The sum of duties payable under Article or as the case may be, in respect of each of

the entries in such list on the uni ts of transactions or part thereof.

22. CLEARANCE LIST, relating to the transaction for the purchase or sale of oil seeds submitted to the clearing house of an Oil seed Association.

The sum of duties payable under Article or as the case may be, in respect of the entries in such list on the un i t s of transactions or part thereof.

STAMPS TO .BE USED - Impressed Labels

(Rule 1 1) or Special Adhesive Stamp by Officer under Rule 19.

23. CLEARANCE LIST, relating to the transactions for the purchase or sale of yam of any kind, non-mineral oils or spices of any kind.

The sum of duties payable under Article or as the case may be, in respect of each of the entries in such list on the units of transactions or parts thereof.

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Art. Schedule-I

STAMPS TO BE USED - Impressed Labels

[Rule 11) or Special Adhesive Stamp by Proper Officer under Rule 19.

24. COMPOSITION DEED, that is to say, '[Two hundred rupees.)

any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors or whereby payment of a composition or dividend on their debts i s 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.

STAMPS BE USED - Stamp

Paper under Rule 6 or Impressed Label/ Special Adhesive Stamp by Proper Officer under Rule 11 .

CONVEYANCE (not being a transfer

charged or exempted under Article

On the market value] of the property

which is the subject matter of the Conveyance,-

(a) if relating to movable property, for Fifteen rupees.

every rupees 500 or part thereof;

1. These words were substituted for the words "one hundred rupees" by Mah. 22 of 2. These words were substituted by the words 'market value" by Mah: 9 of 1988,

s. 1-5-2001). 17-3-1988)

Validation of duty levied and collected.

Notwithstanding anything contained in an y judgement, decree o r order of any court to the contrary o r in

the Stamp Act, stamp duty assessed, levied and collected including any action taken in pursuance of such

assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the

provisions of article 2 5 in the Schedule to the Stamp Act shall be deemed to have been validly levied and

collected in accordance with law a s if the provisions of the said article 25, a s amended by the Maharashtra

Tax Laws (Levy. Amendment and Validation) Act, 1997, had been continuously in force a t all time and

(a) all actions, proceedings or things done or taken by the authorities under the Stamp Act in connection with

the and collection of the stamp duty shall, purposes, be deemed to have been done o r taken in

accordance with the provisions of the said Act;

no suit or proceedings shall be maintainable or continued in any court, against the said authorities

for the refund of the stamp duty so and collected;

no court or any other authority shall enforce any decree o r order directing the refund of the stamp duty

so levied or collected.

For the removal of doubt, it is hereby declared that nothing in sub-section shall be construed a s preventing

a person,-

(a) from questioning in accordance with the provisions of the Stamp Act a s amended by this Amendment Act. any assessment, reassessment, levy o r collection of stamp duty referred to in sub-section or

from claiming refund of any stamp duty paid by him under the Stamp Act, in excess of the amount due from him by way of stamp duty under the said Act, as amended by this Amendment Act.

[The Mah. Tax Laws (Levy, Amendment and Validation) Act 30 of 1997, s . 9 , 15-5-1997).

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The Act [Art. 25

if relating to immovable property situated,-

within t h e limits of

any Municipal Corpora t ion or a n y

Cantonment area annexed to it or any

u r b a n a r e a not mentioned in

clause (ii).

5 per cent. of the market value of the property.

Sub-clause (b) substituted by Mah. Tax Laws (Levy. Amendment and Validation) Act, 2012. Mah. 2012. s.

(i) 25-4-2012). Prior to substitution the sub-clause read as under:.

if relating to immovable property situated within the limits of:- Twenty five rupees

any rural area, falling within the limits the Bombay

Metropolitan Region a s defined in clause (b) of section 2 of the Bombay Metropolitan Region Development Authority Act, 1974, for every rupees 500 or thereol;

any rural area, excluding the rural area referred to in sub-clause

(A) if such is residential, for every mpees 500 or Five rupees. I part thereof.

if such property is non-residential for every rupees 500 or

part thereol; 'C' Class Municipal Councils (other than those of such Municipal

Councils falling within the limits of the Bombay Metropolitan Region), Hill Station Municipal Councils than those referred to in entry sub-clause and Cantonments, if any, adjacent to such Municipal Councils, for every rupees 500 or part thereof.

Class Municipal Councils Municipal Council and the areas of those such Municipal Councils falling within the limits of the Bombay Metropolitan Region) and Cantonment of

Fifteen rupees. Twenty rupees.

Twenty-five rupees.

. Kamptee, for every rupees 500 or part thereof.

(iv) 'A' Class Municipal Councils excluding the areas of those of such Twenty five rupees Municipal Councils falling within the limits of the Bombay

Metropolitan Region but including Cantonment of for evely rupees 500 or thereof.

Municipal Council Twenty five rupees

. . Hill Station Municipal Council, Panchgani Hill Twenty five rupees Station Municipal Council, Station Municipal Council and Hill Station Municipal Council, for evely rupees 500 or part thereof;

Municipal Corporation's [excluding those Municipal Corporations and Twenty five rupees other areas referred sub-clause the and 'C' Class Municipal Councils within the limits of the Bombay Metropolitan

. Region and Cantonments of Dehu Road and Aurangabad, for rupees 500 or part thereof.

Municipal Corporation of Greater 'Bombay, and Twenty rupees

(b) Municipal Corporation of the Cities including the Cantonments of Pune and Kirkee.

Thane, including areas within the limits of revenue villages of Dongaris, Rai Murdhi, Bhainder, Mire.

Chene. Wadavali.

Kolshet, Majiwade Chitalsar. Manpada. Chendani, Panch-pakhadi and

for every rupees 500 or part thereof,

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within the limits of any

Municipal Council or Nagar Panchayat

or Cantonment. area annexed to i t ,

or any ru ra l area within the limits

of the Mumbai Metropolitan Region

Development Authority, or the Areas a s per the an n u a l

statement of rates published under

the Bombay Stamp (Determination True Market Value of Property) Rules, 1995.

4 per cent. of the market value the property.

within the limits of any area or any such area

not mentioned in sub-clause (ii).

3 per cent. of the market value of the property.

(c) if relating to both movable and immovable property.

The same duty a s is payable under clauses (a) and (b).

Sub-clause (d) deleted by Mah. Tax Laws (Levy, Amendment and Validation) Act. 2012,

to omission the sub-clause read as under:. (I) relating to residential premises consisting of building or unit -

(A) by, or in favour of, a co-operative housing society registered

or deemed to have been registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. of 1961) or

to which the of the Maharashtra Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1963, (Mah. XLV of 1963) or the provisions of the Maharashtra Apartment Ownership Act. 1970. (Mah. XV of 1971) apply; or

by such society in favour of its member or incoming member (whether in consequence of purchase of its shares or not); or

by a member of such society in favour of another member and

incoming member (whether in consequence of transfer of its to another member or not);

and the value of

(I) does not exceed rupees One hundred rupees

exceeds rupees but does not exceed rupees 100 rupees plus 3 per cent of the value above rupees

exceeds rupees 7,600 rupees plus 5 per cent of the value above rupees

(2) relating to land for construction payable residential premises and falling under the descriptions itema (A), or or sub-clause

The same duty as is payable under sub-clause

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The Act [Art. 25

if the order of High Cour t in respect of the amalgamation or reconst ruct ion of companies u n d e r

section 394 of the Companies Act, 1956

or under the order of the Reserve Bank of lndia under section 44A of the Banking

per cent. of the aggregate of the

market value of the s h a re s issued or allotted in exchange or otherwise and the amount of consideration paid for such amalgamation :

Regulation Act, 1949. Provided that, the amount of duty,

chargeable under th is clause

shall not exceed, -

a n amount equal to per cent . ] of the t rue market value of the immovable property

located within the Sta te of

of the transferor company; or

(ii) a n amount equal to 0 .7 per cent , of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid, for such amalgamat ion, whichever i s higher :

Clause was substituted by Mah. of 2002. 1-1-2000.)

2. These figures and words were substituted for the figure and words per cent" by the Mah. Tax Laws (Levy, Amendment and Validation), Act, 2004,

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Provided fu r ther t h a t , in case of

reconst ruct ion or demerger

the duty chargeable shall not

exceed,-

( i ) a n amoun t

per c en t . ) of the equal to

t rue market

value of the immovable property

located within the S t a t e of

Maha ra sh t r a transfer red by

the Demerging Company to the

Resulting Company; or

an amount equal to 0.7 per c e n t u m of t he aggregate

of the market va lue of t h e

shares issued or allotted to the

Resul t ing Company and t he

am ou n t of consideration paid

for such demerger, whichever is higher.]

1. These figures and words were substituted for the figure and words per cent" by the Mah. Tax Laws (Levy,

Amendment and Validation), Act. 2004,

2. Clause deleted and deemed to have been deleted Amendment and Validation) Act 30 of 1997,

the 15th September, 1996, by Mah. Tax Laws (Levy. 15-5-1997).

in amalgamation of companies under the order of the High Court under section 394 Fifty rupees]

of the Companies Act, 1956 for every rupees five hundred or part thereof;

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The Maharashtra Stamp [Art. 25 I

Exemption

Assignment of Copyright Act, 1957

copyright unde r the of 1957).

the purposes of

this article, where in the case of agreement

to sell a n immovable property, the possession

of any immovable property is transferred

agreed to be transferred] to the purchaser before

the execution, or a t t he time of execution, or after the execut ion of, s u c h agreement

* then such agreement to sell shall be

deemed to be a conveyance and s tamp duty thereon shall be Leviable accordingly:

Provided that , the provisions of section 32A s ha l l apply to s u c h agreement which is deemed to be a conveyance as aforesaid, a s they apply to a conveyance under that section:

Provided further that, where subsequently a conveyance is executed in pursuance of such agreement of sa le , t he s t am p duty , if any, already paid and recovered on the agreement of sale which is deemed to be a conveyance, shall

be adjusted towards the total duty leviable on the conveyance.]

also tha t where proper stamp duty is paid on a registered agreement to sell a n immovable property, treating it a s a deemed conveyance and subsequently a conveyance deed

is executed without any modification then such a conveyance shall be treated a s other instrument under section 4 and the duty of one hundred rupees shall be charged.)

I. 'Explanation both the provisos was deleted by Mah. 29 of 1994. But it was not brought into force. Subsequently by the effect of Mah. 38 of 1994 This the provisos has remained in force as earlier.

2. This 'Explanation" was renumbered a s 'Explanation and 'Explanation was added by Mah. 27 of 1988 s. 29-8-1988).

3. Added by Mah. 17 of 1993 1-5-1993).

4. Words 'without executing the conveyance in respect deleted by 1994, Now Explanation I, in the form it existed on the 17th August, 1994 deemed to have come into force December, 1985, by Mah. Tax Laws (Levy, Amendment and Validation) Act 30 of

5. This added by Act No. of 2013, dt. 1-5-2013].

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251 Schedule-

'[Explanation

For the purposes of

(da) the market value of shares,-

(a) in relation to the transferee

company, whose s ha re s are listed and

quoted for trading on a stock exchange,

means the market value of shares a s on

the appointed day mentioned in the Scheme

of Amalgamation or when appointed day is

not so fixed, the date of order of the High

Court; and

(b) in relation to the t ransferee

company, whose s ha re s are not listed but not quoted for trading on a stock

exchange, means the market value of the

s h a r e s i ssued or allotted with reference

to the market value of th e s ha re s of the

transferor company or a s determined by the

Collector after giving the transferee company

an opportunity of being heard.]

1. Explanation deleted by Tax Laws (Levy, Amendment and Validation) Act, 2012,

Prior to omission read a s under:. Explanation the purposes of clause

(I] 'unit" includes a flat, apartment, tenement, block or any other unit by whatever name called; a s approved by the Competent Authority in the

building plan where a building consists of units used for both residential and

purposes, then the concession in duty shall be available in respect of the value of those units in a building which a re used for

residential purposes, and the duty payable in respect of the units in

the building which are used for non-residential purposes shall be a t

the rates specified in clauses (b) and (c) on the value of su ch units;

the duty payable shall not exceed t h e amount of duty payable on

such conveyance under clauses and 2. Explanation substituted by the Mah. Tax Laws (Levy, Amendment and Validation) Act 30 of 1997, s.

Prior to substitution it inserted by Mah. 9 of 1997 15-9-96], read a s under:. Explanation For the purposes of clause the market value of the shall be deemed to be the amount

of total value of shares issued or allotted by Transferee Company, either in exchange or otherwise, and the amount

of consideration, if any, paid for such amalgamation.

3 . Renumbered by Mah. 32 of 2005 7-5-2005).

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The Stamp Act [Art. 26

For the purposes of clause (da), the number of shares issued or allotted in exchange or otherwise shall mean, the number of shares of the transferor company accounted a s per exchange ratio as on appointed date.]

STAMPS TO BE USED - Non-Judicial Stamp

Paper under Rule 6 or Impressed Stamp affixed by Proper Officer

under Rule 1 1 .

26. COPY OR EXTRACT, certified to be a rupees.] true copy or extract by or by order of any public officer under section 76 of the Indian Evidence

Act, 1872, (I of 1872) and not chargeable under the law for the time being in force relating to court-fees.

Exemption

(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or

for a public purpose.

(b) Copy of, o r ex tract from, an y register relating to b i r ths , bapti sms,

namings, dedications, marriages, divorces,

deaths or burials.

(c) Copy of an y ins t rument the

original of which is not chargeable to duty.

STAMPS TO BE USED - Adhesive Stamp

Paper as per Rule 13. 1 . Clause added by Mah, 32 of 2005, 7-5-2005).

2 . These words were substituted the words 'five rupees" by Mah. 17 of 1993, s.

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27. COUNTERPART OR DUPLICATE of any

instrument chargeable with duty and in respect which the proper duty has been paid.

The same duty a s is payable on the

original, subject to a maximum of '[rupees one hundred.]

STAMPS TO BE USED - Stamp

paper Rule 6 or Impressed Adhesive Stamp Paper under Rule 11 .

28. CUSTOMS BOND OR EXCISE BOND,

that is to say, any bond given pursuant to the

provisions of any law for the time being in force

or to the directions of any officer of Custom or

Excise for, or in respect of, any of the duties of

Customs or Excise or for preventing frauds or

evasions thereof or for any other matter or thing

relating

(a) where the amo un t does not

exceed rupees 2,500.

The same duty a s a Bond (Article 13) for such amount , subject to a maximum of rupees hundred.]

(b) in any other case .. .. .. hundred rupees.]

DECLARATION OF TRUST, See (Article 6 1).

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Adhesive Stamp Paper under Rule 11 .

1 . These words were substituted for the words 'twenty rupees" by Mah. 32 of 2005, s.

2 These words were substituted for the words 'fifty rupees" by Mah. 17 of 1993. s.

7-5-2005)

11-5-1993).

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The Act [Art. 29

29. DELIVERY ORDER RESPECT OF rupees.]

GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the

holder thereof, to the delivery of any goods lying

in any dock or port, in any warehouse in which

goods are stored, or deposited, on rent or

hire, or upon any wharf, when such

goods exceed in hundred rupees for

rupees 10,000 or part thereof].

DEPOSIT OF TITLE-DEEDS, See Agreement relating to Deposit of Title Deeds, Pawn, Pledge or Hypothecation (Article 6) .

DISSOLUTION OF PARTNERSHIP, See

Partnership (Article 47).

'[Explanation. - For the purposes of this

article, the words 'dock or port" shall include

"airport" and "Cargo Hub."]

STAMPS BE USED - Stamp

Paper Rule 6 or Impressed Adhesive Stamp Paper under Rule 11. 1. These words "such

of the property therein' being executed by or on behalf of the owner of such goods upon the sale or transfer

was deleted by Mah. Act 16 of 1995, 1.9.1995).

2. These words were substituted for the words "value hundred rupees" by 29 of 1994, s. 1.5.1994).

3. These words were substituted for the words "one by Mah. 17 of 1993. 1-5-1993). 4. added by Mah. 32 of 2005, 7-5-2005)

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30. DIVORCE- Instrument of, that is to hundred rupees.] any instrument by which any person effects

dissolution.

DOWER-Instrument of, See Settlement

(Article 55).

DUPLICATE, See Counterpart (Article 27)

TO BE USED - Non-Judicial Stamp paper Rule 6 or Impressed Adhesive Stamp Paper under Rule I I .

31. ENTRY F MEMORANDUM hundred rupees.]

OF MARRIAGE in the register unde r the Regulations of Marriage Bureau

and Registration of Marriages Act,

STAMPS TO BE USED - Court Fees Stamp Rule and Notification dated

EXCHANGE OF instrument

EXCISE BOND, See Customs Bond or Excise Bond (Article 28).

The same duty as is leviable o n a

Conveyance under clause (a), b) a s the case may be, of

Article 25, on the market value of the property of the greatest value.

1. These words were substituted lor the 2. These words were substituted for the words Fifty

Act, 2004 6(1

rupees" by

rupees" by the 22 of 2001 1-5-2001).

Tax Laws (Levy, Amendment and Validation)

3. This portion substituted for 'Bombay Registration of Marriages Act. 1953 by Mah. 32 of 2005, s. 7-5-2005 V of 1954).

4. These brackets, letters and word substituted lor the brackets, letters and words or by Mah. Tax Laws (Levy. Amendment and Validation) Act. 2012, 8 of 2012, s. 25-4-2012).

(

'

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The Act [Art. 33

For the purposes of this

Article, notwithstanding anything contained

hereinabove, the highest duty on either of the

property exchanged shall be chargeable.)

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 o r Impressed Adhesive Stamp Paper Rule 11.

33. FURTHER CHARGE-Instrument of,

that is to say, any instrument imposing a further

charge on mortgaged

(a) when the original mortgage is one of the description referred to in clause (a]of Article 40 (that is, with possession).

The same duty a s i s leviable on a

Conveyance under clause (a), (b) a s the case may be, of Article 25, for the amount of the further charge secured by such instrument.

(b) when such mortgage is one of the description referred to clause (b) of Article

40 (that is, without possession).

if at the time of execution of the instrument of further charge possession of the property is given under such instrument.

The same duty a s is leviable on a

Conveyance under clause [a), (b) a s the case may be, of

Article 25, for the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid o n s u c h original mortgage and further charge.

1 . This Explanation added by Mah. 32 of 2005, s. 7-5-2005)

2. These brackets, letters and word substituted for the brackets, letters and words (c) or by Mah. Tax Laws

(Levy, Amendment and Validation) Act, 2012, Mah. of 2012, 25-4-2012).

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Art. 341

i f possession is not so given.

'[Five rupees for every or part thereof for

the amount further charge

secured by such ins trument

subject to minimum of the one hundred rupees and the

maximum of lakh rupees.)

STAMPS TO BE USED - Stamp

Paper Rule 6 or Impressed Adhesive Stamp Paper Rule 1 1 .

34. GIFT, Ins trument of-not being a

Settlement (Article 55) or Will or Transfer (Article

The same duty a s is leviable on a Conveyance under clause (a), ( b ) a s the case may be, of Article 25, on the market value of the which is the subject matter of the gift.

HIRING AGREEMENT or agreement for service, see Agreement (Article 5).

that, if the is gifted

to a family member being the

husband, wife, brother or sister of the donor or any lineal ascendant or descendant of the donor, then the amount of duty chargeable

shall be a t the same rate a s

specified in this article or at the rate of rupees ten for every rupees five hundred or part thereof on the market value of the which is the subject matter of the gift,

whichever is less.]

STAMPS TO BE USED - Stamp

Paper Rule 6 or Impressed Stamp Paper Rule 1 1 .

1. These words were substituted by Mah. 16 of 2003, 1-5-2003). 2. These words were substituted for the words 'five hundred' by Mah. 32 of 2005, s. 5 7-5-2005)

3. These words were substituted for the words 'five lakh' by Mah. 32 of 2005, 5 7-5-2005.) 4. These brackets, letters and word substituted for the brackets, letters and words or by Mah. Tax Laws

(Levy, Amendment and Validation) Act, 2012, 8 of 2012, s. 25-4-2012).

5. added by Mah. 20 of 2002, 1-5-2002).

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The Maharashtra Stamp Act [Art. 35

35. INDEMNITY BOND '[Two hundred rupees]

INSPECTORSHIP DEED, see Composition

Deed (Article 24).

TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Adhesive Stamp Paper Rule 1 1 .

LEASE, including under lease or sub-lease and any agreement to let or sub-let or any renewal of lease,-

Where such lease purports to be -

(i) for a period not exceeding five years. The same duty a s is leviable on a

conveyance under clause (a), (b) as the case may be, of article 25 , on 10 per centum of the market value of the property.

(ii) for a period exceeding five years but nor exceeding ten years, with a renewal clause contingent or otherwise.

The same duty a s is leviable on a conveyance under clause (a) , (b ) a s the case may be, of article 25, on 2 5 per centum of the market value of the property.

(iii) for a period exceeding ten years but not exceeding twenty-nine years, with a renewal clause contingent or otherwise.

The same duty a s is leviable on a conveyance under clause (a),(b)

as the case may be of article 25, on 50 per centum of the market value of the

I

(iv) for a period exceeding twenty-nine years or in perpetuity, or does not purport for any definite period, o r for lease for period exceeding twenty-nine years, with a renewal clause contingent or otherwise.

Explanation I. - Any consideration in the form of premium or money advanced or to be advanced or security deposit by whatever name called shall, for the purpose of market value be treated a s consideration passed on.

The same duty a s is leviable on a conveyance under c lause (a), (b) as the case may be, or article 25, on 90 per centum of the market value of the property.];

1. These words were substituted for the words 'one hundred rupees" a s Amended by Mah. 22 of 2001 2. Clause 36 substituted by Mah. 32 of 2005, s. 1 ) 7-5-2005). 3. These brackets, letters and word substituted for the brackets, letters and words or by Mah. Tax Laws

(Levy. Amendment and Validation) Act. 2012. 2012, 25-4-2012).

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Art.

Explanation - The renewal period, if specifically mentioned, shall be treated as part

the present lease.

Explanation - For the purpose of this

article, the market value, for the falling under section (Toll Agreements)

and article (Hire Purchase agreement),

shall be the total contract value and they shall be chargeable to duty same as under clause (a) of article 25.

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Adhesive Stamp Paper Rule 1

and Licence Agreement -

Where the leave and licence agreement purports to be for a term not

exceeding sixty months with or without renewal clause.

0.25 per cent. of the total sum

(i) the licence fees or rent payable

under the agreement; plus

(ii) the amount of non-refundable deposit o r money advanced or

to be advanced or premium, by

whatever name called; plus

the in terest ca lculated a t

the ra t e of 10 per cent . per

a n n u m on t h e refundable secur i ty deposit o r money

advanced or to be advanced,

by whatever nam e called.].

36A was substituted by the 20 2002, s. 2. Clause (a) by Mah. Act No. 8 2013, s.

to the sub-clause read as under:

1-5-2002).

dt. 1-5-2013). . .

Where the leave and licence to be term exceeding sixty months with or without the renewal clause and

relates to property situattd within the limits of,

the District Mumbai City and Mumbai Suburban

if relating to residential premises

if relating to residential premises -;

(A) Where the amount of average annual rent plus

the amount of security deposit, or money advanced or to be advanced does not exceed two thousand for

a single term of twelve months;

Six hundred rupees lor every term twelve months or part

Contd. on page

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The Maharashtra Act [Art. 36 A

previous page

Where the amount of average annual rent plus amount of security deposit or money advanced or to

be advanced exceeds rupees two lakh fifty thousand but does not exceed rupees five lakh for a single term of twelve

months;

One thousand two hundred rupees for term of twelve months or part thereof;

Where the amount of average annual rent plus the a moun t of security deposit or money advanced or to be advanced exceeds rupees five but does not exceed rupees twenty lakh for a single term of twelve months;

Where the amount of average ann ua l rent plus the amount of security deposit or money advanced or to be advanced exceeds rupees twenty lakh for a single term of twelve months

Two t h o u s an d rup ees for every t erm of twelve months or part thereol.

Five t h o u s an d rup ees for every t erm of twelve

months or part thereof]

if relating to non-residential Twice t h e a m o u n t of du ty chargeab le for resident ia l p remises u n d e r en t ry (A),

or above, a s the case may be

the Municipal Corporation of the cities Thane, Pune, Nagpur and Navi Mumbai. Nashik. Kolhapur, Aurangabad, Solapur, and Cantonments of Pune,

Dehu Road, and

(1) if relating to residential

Where the amount of average annual rent plus the amount of security deposit or money advanced or to be advanced does not exceed rupees two lakh fifty thousand for a single term of Twelve months;

Five hundred rupees for every term of Twelve months or, part thereof;

Where the amount of average annual rent plus the a moun t of security deposit or money advanced or to be advanced exceeds rupees two lakh fifty thousand bu t does not exceed rupees five lakh for a single term of Twelve

months;

Where the amount of average annual rent plus the amount of security deposit or money advanced or to be

advanced exceeds rupees five for a single term of Twelve months;

One t h o u s an d rup ees lor

every te rm of Twelve

months or part thereol.

Two t h o u s a n d rup ees for every term of Twelve

months or part thereof;

on page

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where such leave and licence

agreement purports to be for a period

sixty months with or without renewal clause;

Same duty as is leviable on lease, under clause (ii), (iii) or (iv), a s the case may be, of Article

from previous page

(2) relating to non-residential premises

in any other area excluding the area referred to in sub-clauses and

Twice the amoun t of duty chargeable for residential premises

under entry (A), (B), above, a s the case

may be

if relating to residential

(A) Where the amount of average annual tent plus the amount of security deposit or money advanced or to be advanced does not exceed rupees two lakh fifty thousand for a single term of twelve months;

Where the amount of average annual rent plus

the amount of security deposit or money advanced or to be advanced exceeds rupees two lakh fifty thousand but

does not exceed rupees five lakh for a single term of twelve months;

Where the amount of average annual rent plus the mount of security deposit or money advanced or to be advanced exceeds rupees five lakh for a single term of twelve months

Three hundred rupees for every term of twelve months; o r par t

thereof;

Six hundred rupees for every

term of twelve months;

or part thereof;

One thousand two hundred

rupees for every term

of twelve months or

part thereof.;

(2) if relating to non-residential premises Twice the amoun t of

duty chargeable for residential premises under entry (A),

above, a s the case may be;

Substituted by the 32 of 2005, s. 7-5-2005).

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The Maharashtra Act [Art. 37

37. LETTER OF ALLOTMENT OF SHARES One rupee.

in an y company or proposed company, or in respect of any loan to be raised by any company

or proposed company.

See also Certificate o r o the r Document (Article 17).

LETTER OF GUARANTEE, See Agreement

(Article 5).

STAMPS TO BE USED - Adhesive Stamp

Paper Rule 11

38. LETTER OF LICENCE, t h a t i s to '[One hundred rupees]

say, any agreement between a debtor a nd his creditor, t ha t the latter shall, for a specified

time, suspend his claims and allow the debtor

to carry on business a t his own discretion.

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Special Adhesive Stamp Paper under Rule

39. MEMORANDUM OF ASSOCIATION OF A

(a) if accompanied by ar t i c le s '[T O hundred rupees.)

of a ssocia t ion u n d e r section 26 of the Companies Act, 1956, (I of 1956).

(b) if not so accompanied. .. . . The s a m e du t y a s i s leviable on

Articles of Association u n d e r Article 10 according to the share capital of the company. ,

Exemption

Memorandum of any association nor formed for profit and registered under section 2 5 of the Companies Act, 1956, (I of 1956).

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Special Adhesive Stamp Paper under Rule

I

These words were for the words 'fifty rupees" by the Mah Laws (Levy, Amendment and Validation)

Act. 2004 s. 2. These were substituted for the words 'one hundred Mah. 22 of 2001 s, 1-5-2001). I

W

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Art. Schedule-1

40. MORTGAGE DEED, not being a n

agreement relating to '[Deposit of Title Deeds,

pawn or Pleadge or Hypothecation (Article

Bottomry Bond (Article Mortgage of a Crop 4 Respondentia Bond (Article or

Security Bond or Mortgage Deed (Article

(a) when possession of the property

or any part of the property comprised in s u c h deed is given by the mortgagor or agreed to be given;

The same duty a s is leviable on a

conveyance under c lauses ' (a], as the case may be,

of Article 25 , for the amo un t secured by such deed.

when possession is not given or agreed to be given a s aforesaid.

I 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 within the meaning of this article.

rupees for every thousand]

or part thereof for the amount

secured by s u c h deed, subject

to the minimum of one hundred

rupees and the maximum of lakh rupees];

'[Explanation 1 -Where in the case of a n agreement to mortgage the amount or part thereof sought to be secured by such an agreement is advanced or disbursed to

the mortgagor or without a mortgage deed, then such an agreement to mortgage shall, notwithstanding anything

contained in clause (d) of section 2, become chargeable under this Article a s deed on th e da te of making of s u c h -

advance or disbursement either in part or

in whole].

.

These words were substituted by the Mah. Tax (Levy, 20 of 2002 the were deleted.

and Validation) Act. 2004

. .

2. These brackets, letters and word substituted for the

Amendment and Validation) Act, 2012, Mah. 8 and words by. Tax Laws

25-4-2012).

The portion was susbtituted by the 20 2002, 1-5-2002).

4. These words were substituted for the words 'five hundred" by Mah. 32 of 2005, 7-5-2005).

These words were substituted for the words "five lakh by Mah. 32 of 2005, 6. This "Explanation" is renumbered a s 'Explanation by Mah. 38 of 1994. 17-8-1994).

7 . inserted by Mah. 38 of 17-8-1994).

1

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The Maharashtra Stamp Act [Art. 41

(c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the mentioned purpose where the principal or

primary security is duly stamped.

The same duty a s a Bond (Article 13)

for the amount secured, subject

to a maximum of '(rupees two

hundred].

Exemptions

(I) I n s t ru m en t s executed by persons

taking advances under the Land Improvement

Loans Act, 1 88 3 of o r the

Agriculturists' Loans Act, 1884 of or by their sureties a s security for the repayments

of such advances.

(2) Letter of hypothecation accompanying

a bill of exchange.

For the purpose of this

clause, 'the principal or security" shall

mean, the security created under clause (a) or (b)

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Special Adhesive Stamp Paper under Rule

41. MORTGAGE OF A CROP, including One an y ins t rument evidencing a n agreement to secure the repayment of a loan made upon any

mortgage of a crop whether the crop is or is not

in existence a t the time of mortgage, for

mpees 200 or part thereof.

STAMPS TO BE USED - Adhesive Stamp

Paper under Section 11 read with Rule 6.

42. NOTARIAL ACT, tha t is say, any mpees.] ins t rument , endorsement , note, at testat ion , certificate or not being a Protest (Article 49) executed by a Notary Public in the performance of the duties of his office, or by any other person lawfully acting as a Notary Public.

TO BE USED - Specia l Adhesive

Stamp wi th word (Section 11) Rule (See note for under Rule 14

Bombay Stamp Rules)

These words were substituted for the words 'rupees one hundred" by Mah. 22 of2001 1-5-2001).

2 . This Explanation was added by Mah. 12 of 2006 1-5-2006). These words were substituted for the words "five rupees" by Mah. 17 of 1993, 1-5-1993).

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43. N O T E O R M E M O R A N D U M sent by a

or agent his principal intimating the or sale on account such principal-

(a) of cotton.. . .

per cent] on the value of cotton].

(b) of bullion of specie per cent] on the value of

silver or gold on sovereigns, as the case may be.

(c) of oil seeds . . .. per cent] on the value of oil

seeds

of yarn of any kind, non-mineral oils or spices of any 'kind.

per cent ] of th e value of

of any kind, non-mineral oils or spices of any kind, a s the case may be]

(e) of any other goods exceeding in value twenty rupees.

per cent) on the value of goods.

of an y s h a r e , scr ip, stock, bond, debentu re , debent u re s tock or other marketable security of a like nature exceeding in value twenty rupees, not being a Government security.

per cen t ] of th e value of the security, a t the time of its purchase or sale, as the case may be.

(g) of a Government security, per cent] on t he value of security]

No d u t y shal l be chargeable on note or Memorandum sen t by

broker or agent to his principal intimating the sale on account of such of

a security or a forward contract on which proper

duty is paid under article

This portion was substituted for the words "One rupee for every rupees 10.000 or part thereof' as amended by Mah

of 2011, Enforcement date not yet declared. Substituted by Mah. 32 of 2005, 7-5-2005).

3. This portion substituted for the words "Fifty paise for every rupees or part thereof' a s amended by Mah. 15 of 2011. Enforcement date not yet declared.

added by Mah. 32 of 2005, 7-5-2005).

.

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The Maharashtra Stamp Act [Art. 43

Exemptions

(I) Note or Memorandum sen t 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 a n

incorporated company or other body corporate,

an en try relating to which i s required to be

made in clearance lists described in clauses (I), and (3) of Article 19.

(2) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale cotton on account of such principal, an entry relating to which i s required to be made in a clearance list described in Article 20.

(3) Note of Memorandum sent by a broker or agent to his principal intimating the purchase or sale of bullion or species on account of such

principal, a n entry relating to which is required

to be made in a clearance list described in Article 2 1.

(4) Note or Memorandum sent by a broker or agent to his principal intimating the purchase

or sale of oil seeds on account of such principal, a n ent ry relating to which i s required to be made in a list described in Article 22.

(5) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale of yarn of any kind, non-mineral spices of any kind on account of such principal, a n en try relating to which is required to be made in a clearance list described in Article 23.

Note or Memorandum s e n t 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.

STAMPS TO [Section 1 1

BE USED - A d h e s i v e S t a m p

Rule

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451

44. NOTE OF PROTEST BY THE MASTER '[One hudred

A SHIP.

See also Protest by the Master of S h i p

(Article

STAMPS TO BE USED - Non-Judicial Stamp

paper Rule 6 or Special Adhesive Stamp pule

45. ORDER FOR THE PAYMENT OF

MONEY, not being a Bill of Exchange within the

meaning of the Indian Stamp Act, 1899, of

(a) where payable otherwise than on rupees.]

demand but not more than one year after date or sight-for every Rs. 1 ,000 or part thereof.

(b) where payable a t more than one year after date or sight, if the amount,-

(7) does not exceed rupees 500 rupees.]

exceeds rupees 500 b u t

does not exceed rupees 1,000

exceeds rupees 1,000 for

every additional rupees 1,000 or part

thereof.

STAMPS TO BE USED - Stamp Paper

Rule 5.

1. These words were subs ti tu ted the words 'Twenty rupees" by the Mah. Tax Laws (Levy. Amendment and

Validation) Act. 2004 2. These wards were substituted lor the words "five rupees" by Mah. 17 of 1993, s.

These wards were substitued for the words "Five rupees" by Mah. 4. These words were substitued for the 'Ten rupees" by Mah.

of 1993, of 1993,

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Stamp Act [Art. 46

PARTITION- Instrument of '[Rupees Ten for every rupees five

hundred or part thereof of

amount or the market value of

the separated share or shares of

the property.

Note.-The largest share remaining after the property is partitioned

(or, i f there are two or more

shares of value and not smaller than any of the other

shares, then one of such equal

sh a re s ) sh al l be deemed to be that from which the other

shares are separated.

Provided always that,-

(a) when an instrument of partition contain ing a n agreemen t to divide proper ty 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 five rupees;

where the inst rument relates

to the partition of agricultural

land, the rate of duty applicable be one hundred rupees].]

where a final order for effecting a partition passed by any Revenue Authority or any Civil Court or an award by an arbitrator directing

a partition, is stamped with the stamp required for an instrument of partition, and an instrument

partition in pursuance of such

1. These words were substituted for the words 'the same duty as a Bond (Article 13) for the" by Mah. 9 of 1997,

15-9-1996). 2. Clause was substituted for the words where land is held on Revenue Settlement for a period not exceeding

thirty years and paying the full assessment the value for the of duty shall be calculated at not more than times the annual revenue" bv Mah. 9 of 1997. , . .

3. These words were substituted for the words 'shall be 0.5 per cent on the market value of the separated share or shares of the property' by Mah. Tax (Levy. Amendment and Validation) Act 30 of 1997, 15-5-1997).

. . .

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order or award is subsequently

executed , the duty on s uch

instrument shall not exceed ten

rupees.

TO BE USED - Non-Judicial Stamp

Paper Rule 6 o r Special Adhesive Stamp Paper Rule 1

47.

lnstrument of Five hundred rupees.

(a) where there is no. share of contribution in partnership, or where

s u c h s ha re contribution in by way of cash] does not exceed

rupees 50,000;

(b) where s u c h sh are

contribution in by way of cash] is in excess of rupees, 50,000,

for every rupees 5 0 , 00 0 or par t

thereof.

Five hundred rupees , subject to maximum duty of rupees five thousand];

where su ch contribution in property, excluding cash.

s h a r e by way of

The s a m e duty a s is leviable on

Conveyance under clause (a), b) '[or as the case may be, of

article 25, on the market value of such property].

of partnership or

retirement of

(1) where on a dissolution of the partnership or on retirement of

a partner any property] is taken a s

his share by a partner other than a partner who brought in that property a s h is share of contribution in the partnership.

The same duty a s is leviable on a

Conveyance under clause (a), (b) '[or a s the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one hundred.

(2) in any other case. hundred rupees.]

1. Clause 47 (1) was substituted by the Mah. 29 oi 1994, s. 1.5.1994).

2. These words were inserted by the Mah. 30 1997, 15-5-1997).

3. These words were inserted by the Mah. 30 of 1997, s. 15-5-1997).

4. Sub-clause was added by the Mah. 30 of 1997, 15-5-1997).

5. Old clause renumbered as clause by Mah. 17 1993, s. 6. These words were substituted ior the words "Dissolution of partnership where on dissolution of the

any immovable property' by the 30 of 1997, 15-5-1997).

7. These brackets, letters and word substituted ior the brackets, letters and wards or by Mah. Tax Laws (Levy, Amendment and Validation] Act, 2012, Mah. 8 of 2012, s. 25-4-2012).

8. These words were substituted ior the words "One hundred by Mah. 17 of 1993, s. 1-5-1993).

(

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The Act [Art. 48

TO BE USED - Nan-Judicial Stamp

Paper Rule 6 o r Adhes ive S t a m p Paper Rule 1

48. POWEK OF ATTORNEY not being a

Proxy: (a) when executed for the sole

purpose of procuring the registration of one

or more documents in relation to a single

transaction or for admitting execution of

one or more such documents;

(b) when required in s u i t s or

proceedings under the Presidency Small

Cause Courts Act, 1882, of 1882)

(c) when authorising one person or hundred rupees. more to act in a single transaction other than the case mentioned in clause (a);

(4 when authorising one person '[One hundred rupees.] to act in more t h a n one transaction or generally;

when authorising more one hundred rupees] person to act in single transaction or more

than one transaction jointly or severally or

generally;

when given for consideration and authorising to sell a n immovable property;)

when author is ing to t ransfer immovable property wi thout considera tion or without showing an y

consideration, a s the case may be,

(a) if given to the fa ther ,

mother, brother, sister, wife, husband, daughter, grandson, granddaughter or such other close relative; and

The same duty as i s leviable on a

Conveyance under clause (a], ) '[or as the case may be, of

Article 25, on the market value

of the property.

Rupees five hundred

These words were substituted for the words 'ten rupees" by Mah. 9 of 1997, s. 15-9-1996).

2. These words were substituted for the words 'ten rupees" by Mah. 9 of 1997, 3. These words were substituted for the words 'ten rupees" by Mah. 9 of 1997, s . 4. These words were substituted for the words 'fifty rupees" by Mah. 9 of 1997, s.

5 These words were substituted the words 'ten rupees for each person fort " by Mah. 9 of 1997, s . 15-9-1996).

15-9-1996). subject to minimum of rupees

6 Clause was renumbered by 16 of 2008. s.

7. These brackets, letters word substituted for the brackets, letters and words or by Mah. Tax Laws (Levy. Amendment and Validation) Act. 2012. Mah. 8 of 2012, s. 25-4-2012).

This portion was added by Mah. 16 of 2008, 5-6-2008).

-

-

(b

y

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(b) in any other case ... The same duty a s is leviable on a

Conveyance under clauses , (b )

Article 25, on the market value

of the property.]

when given to a promoter or

developer by whatever name called, for construction on, development of, or sale or transfer (in any manner whatsoever) of, any immovable property.

same duty as is leviable on a Conveyance under clauses

as the case may be, of Article 25, on the market value of the property:]

Provided tha t , the provisions

section 32A shal l , apply to s u c h a n

instrument of power of attorney

as they apply to a conveyance under that section.

Provided further that , when proper

s t a m p duty i s paid un d e r c l ause of article 5 on

a n agreement , or records thereof or memorandum of a n

agreement executed between

the same parties and in respect of the same property, the duty

chargeable under this clause

shall be rupees one hundred].

in any other case

Explanation I.-For the purpose of th is article more persons than one when belonging to

the same firm shall be deemed to be one person.

hundred rupees for each person authorised]

Explanation term 'registration' includes operation incidental to under the Registration Act, 1908 of 1908).

Explanation under clause

duty has been paid on the power of attorney,

and a conveyance relating to that property is

executed in pursuance power of attorney between the the power of attorney

and the person in whose favour it is executed,

These brackets, letters and word substituted lor the brackets, letters and words (c) or (d)" by Mah. Tax

(Levy. Amendment and Validation) Act, 2012, Mah. 8 s. 2. Clause and Clause substituted by Mah. 9 of 1990, s. 7-2-1990).

3. This portion was substituted "Five rupees for every five hundred rupees or part thereof the market value of the

subject matter of property:", by Mah. 16 of 2008, 5-6-2008). 4. These wards were substituted for the words "Five rupees for each person authorised" by the Mah. Tax Laws (Levy,

Amendment and Validation) Act, 2004 s.

[or as the case may be

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The Maharashtra Act 49

the d u t y on conveyance sha l l be the du ty calculated on the market value of the property

reduced by duty paid on the power of attorney.

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or -Spec ia l Adhesive Stamp Paper 1

49. PROTEST OF BILL OR NOTE, that is '[One hundred to say, any declaration in writing made by a Notary Public, or other person lawfully acting

a s s uc h , at test ing the dishonour of a bill of

exchange or promissory note.

STAMPS TO BE USED - Adhesive Foreign

Stamp bearing "Notarial" [See Rule

50. PROTEST BY THE MASTER OF A

SHIP, t ha t is to say, an y declarat ion of the par t icula rs of her voyage drawn u p by him with a view to the adjustment of losses or the calculation of averages, and every declaration

inwri t ing 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 o ther person lawfully acting a s

See also Note of Protest by the Master of a Ship (Article 44).

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Special Adhesive Stamp, Rule

51. RECONVEYANCE OF MORTGAGED PROPERTY

(a) if the consideration for which the

property was mortgaged does not exceed rupees, 2,500.

,,,

for such consideration.

(b) in any other case .. .. . . hundred rupees.]

TO BE USED - Non-Judicial Stamp

paper Rule 6 or Special Adhesive Stamp, Rule 1

These words were substituted for the words "Twenty rupees' by the Mah. Tax Laws (Levy, Amendment and

Act, 2004 s. (18) 2 . These words were substituted for the words 'one hundred rupees" by Mah 22 of 2001 s. 1-5-2001)

-

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RECORD OF TRANSACTION

[Electronics or otherwise) effected by a trading

member through a s tock exchange or the

association referred to in Section

(a) if relating to sale and purchase of Government securities.

per cen t ) of the value of security

(b) if relating to securities, other than

purchase or sale of those falling under

item above. -

(i) in case of delivery

(ii) in case of non-delivery.

per cent of

security.

per cent of security].

th e value of

the value of

(c) if relating to futures and options trading

per cent of the value of the futures and options trading]

if relating to forward contracts of commodities traded through a n association or otherwise.

per cent of the value of the forward contract.]

Explanation For the purpose of clause (b), "Securities" means the securities as defined

in clause of section 2 of t he Securities Contract [Regulation) Act, 1956. 1. Article 51A inserted by 32 of 2005, s. 7-5-2005). 2. This portion was substituted for the words "Fifty rupees for every rupees one crore or part thereof' as amended by

P

Mah. 15 of 2011, s. Enforcement date not yet declared. 3. This portion was substituted for the words "One rupee for every rupees 10,000 or part thereof' as amended by

of 2011. Enforcement date not yet declared.

4. This portion was substituted for the words "Twenty paise for every rupees 10.000 or thereof' a s amended by

Mah. 15 of 2011, s. Enforcement date not yet declared. 5. This portion was substituted for the words "Twenty paise for every rupees 10.000 or part thereof' a s amended by

15 of 2011, s. Enforcement date not yet declared.

6. This portion was substituted for. the words "One rupee for every rupees or part thereof' as amended by Mah. of 201 I, s . Enforcement date not yet declared.

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The Stamp [Art. 52

RELEASE, t ha t is to sa y, any i ns t r um e n t (no t being a n i n s t r u m en t a s i s

provided by sec t ion 24 ) whereby a person

renounces a claim upon other person or against

any specified property,-

(a) if the deed of a n ancestral property or part thereof is executed by or

in favour of brother or sister (children of

renouncer's parents) or son or daughter

or son of predeceased son or daughter of

predeceased son or father or mother or

spouse of the renouncer or the legal, heirs of the above relations.

(b) in any other case. The same duty as is leviable on a

conveyance under clause (a), (b) a s the case may be of

Article 25, on the market value

of share, interest, part or

claim renounced

STAMPS TO BE USED Rule 13 or

Adhesive Stamp , Stamp, Rule 6.

53. RESPONDENTIA BOND, t h a t i s to say, a n y ins trument secur ing a loan o n the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo a t the port of destination.

13) for the amount of the loan secured.

REVOCATION OF ANY TRUST OF SETTLEMENT.

See Settlement (Article Trust (Article 61).

STAMPS TO BE USED - Non-Judicial Stamp

Paper, Rule 6 or Impressed Adhesive Stamp [see Rules 10 1 1 . Article 52 substituted by Mah. 12 of 2006 1-5-2006).

2. These words, brackets and letters substituted for the brackets, letters and words by Mah. Tax Laws (Levy, Amendment and Validation) Act. 2012, Mah. 2012, 25-4-2012).

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Schedule-1

I

54. SECURITY BOND OR MORTGAGE

where such security bond or mortgage is executed by way of security for the due

of a n office, or to account for money other property received by virtue thereof, by a surety to secure the due performance a contract , or in pursuance of a n order the court or a public officer, not being

otherwise provided for by the Bombay Court-fees Act, 1959, LX of

(I) where the amount secured does not exceed rupees 2,500.

where the am o u n t secured exceeds rupees 2500, for every- rupees five hundred of the amount secured or part thereof.

Exemptions

The same duty as Bond (Article 13) for the amount secured.

same duty a s is leviable under

clause of Article 40:

Provided that , where on a n in s t rument executed by a person, for whom a person s t a n d s sure ty a n d executes securi ty bond or a mortgage deed, duty has been paid under Article 40, then the duty payable shall be one hundred rupees.]

Bond or other instrument, when executed,-

(a) by any person for the purpose guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem;

(b) under the ru les made by the S t a t e Government under section 114 of the Maharashtra Irrigation Act, 1976 (Mah

of 1976);

! 1 . Sub-clause substituted by Mah. Tax Laws (Levy and Amendment) Act, Mah. 2 9 of 1994, 1.5.1994).

2. Substituted by the 20 of 2002, 1-5-2002).

3. These figures and words or" deleted by Mah. 12 of 2006 1-5-2006).

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The Maharashtra Act

(c) by a person advance under

the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists Loans

Act, 1884 of 1884) or by their sureties

a s security for the repayment of su ch

advances;

by officers of the 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.

TO BE USED - Non-Judicial Stamp

Paper, Rule 6 or Impressed Adhesive Stamp [see Rules 10 11

A. Instrument

including a deed of dower,-

(I) where the settlement i s made a religious or char i table purpose

(it) in any other case

rupees for every five hundred

or part thereof a sum equal to the amount settled or the market value of the property

i The same duty a s is leviable on a

Conveyance under clause (a), (b) a s the case may be, of Article 25, for a s u m equal to the amount settled or the

market value of the property settled:

Provided that, where a n agreement to

settle is stamped with the stamp

required for an instrument of

settlement and a n instrument

of settlement in pursuance of

such agreement is subsequently

executed , th e du ty o n s u c h

instrument shall not exceed ten

rupees:

Provided fu r ther in s t ru men t

t h a t , where a n se tt lement

1 . These words were substituted lor the words "the same duty as a bond (Article by Mah. 9 of 1997

15-9-1996). 2. These brackets, letters and substituted for the brackets, letters and words or by Mah. Tax Laws

(Levy. Amendment and Validation) Act. 2012. Mah. 8 of 2012, 25-4-2012).

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contains any provision for the

revocation of the set tlement ,

the amount or the value of the

property settled shall, for the

purposes of duty, be determined,

a s i f , no such provisions were

contained in the instrument.

Exemption

Deed of dower executed on the

of or in connection with, marriage between Muhammadans, whether executed

before or after the marriage.

B. Revocation of,

(3 in respec t of se t t lemen t

described in sub-clause of clause A.

in respect of se t t lement

described in sub-clause (iz) of clause A.

STAMPS TO BE USED - Stamp

Paper Rule 6 or Impressed Adhesive Stamp [see Rules 10

The same duty as a Bond (Article 13)

for a sum equal to the amount

set tled or the m arke t value

of the property concerned a s

set forth in the instrument of

revocation, but not exceeding two hundred rupees].

The same duty as is leviable on a

Conveyance under clause ( a ) , (b), as the case may be, of Article 25, for a consideration

equal to the amount settled as in the ins t rument of

revocation or the market value of the property concerned, but not exceeding '[two hund red

rupees.]

These words were substituted for the words 'one hundred rupees" by Mah. 22 of 2001 2. These brackets, letters and substituted the brackets, letters and words or

(Levy,Amendment and Validation) Act, 2012, Mah. 8 2012, 25-4-2012).

1-5-2001).

by Mah. Tax Laws

3. These words were substituted for the words "one hundred rupees" by Mah. 22 2001 1-5-2001).

-

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The Maharashfra Act [Art. 56

56. SHARE WARRANTS to bearer issued Five rupees.

under the Companies Act, 1956 of for every rupees five hundred or part thereof.

Exemption

Share warrant when issued by a company

in pursuance of the provisions of section 114

of the Companies Act, 1956 (1 of to have

effect only upon payment a s composition for that

duty, to the

(a) one and a half pe r centum of the whole subscribed capital of the company, or

(b) if a n y compan y which h a s

paid the said duty or composition in full

subsequen t l y i s s u e s in addi t ion to i t s

subsc ribed capital , one and a half p e r of the additional capital so issued.

SCRIP, See certificate (Article 17)

TO BE USED - Non-Judicial Stamp

Paper, Rule 6 or Impressed Adhesive Stamp [see Rules 1 0 I I

57. SHIPPING ORDER for or relating to the One rupee.

conveyance of goods on board of any vessel.

STAMPS TO BE USED Non-Judicial Stamp Paper, Rule 6 or Impressed Adhesive Stamp [see Rules 1 0 11

SURRENDER OF LEASE including a n agreement for surrender of

(a) without any consideration; Two hundred rupees

(b) with consideration. The same duty a s is leviable under

c l ause ( a ) , ( b ) Article 25 on t h e a m o u n t of consideration.].

1. Article 5 8 substituted by the Mah. 20 of 2002, s. 1-5-2002).

to substitution read a s under:- 58. SURRENDER OF LEASE including a n agreement

for surrender of lease--

The duty with which such lease is chargeable

under Article 36

1.-For the purpose of this Article, i t is immaterial that the surrender of the lease is only a s regards the unexpired part of the term or is with regard to only a portion of the

Explanation the purposes of this article, the amount of consideration paid or agreed to be paid by the lessor or on his behalf, shall be deemed to be the fine. premium or money advanced or to be advanced within the meaning of Article 36.

2. These brackets, letters and word substituted for the brackets. (Levy, Amendment and Validation) Act, 2012. Mah. 8 of 2012, s.

and words or by Mah. Tax Laws 25-4-2012).

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Explanation. -For the purposes of th is

return of money paid a s advance, on

deposit by lessee to the lessor shall not treated a s consideration for the surrender.

BE USED - Non-Judicial Stamp

paper, 6 o r Impressed Stamp [see Rules 1 0 11.1

59. TRANSFER (whether with or without

consideration).

(a) of debentures, being marketable

securities whether the debenture is liable

to duty or not, except debentures by section 8 of the Indian Stamp Act,

1899.

Fifty pa i se for every ru pee s

100 o r p a r t thereof of the

cons ide ra t io n a m o u n t of

the debenture

Explanation.- For the purposes of

this clause, the term 'debenture' includes

debenture stock;

(b) of any interest secured by bond, mortgage deed or policy insurance;

(c) of any property under section 22 of the Administrators' General Act, 1963;

of a n y t r u s t p rope rty wi thout consideration from one trustee to another

trustee, or from a trustee to a beneficiary.

Exemptions

t The

s a m e du t y a s a Bond (Article

13) for such a m ou n t or value

of t h e i n t e r e s t a s s e t forth in t he t rans fe r , su b j ec t to a

of hundred rupees].

Transfers by endorsement,-

(a) of a bill of exchange, cheque or promissory note;

(b) of a bill of lading, delivery order, wa r ra n t for goods o r o ther mercant i le

document or title to goods;

(c) of a policy of insurance;

1 . These words "subject to a of ten thousand rupees" deleted by the Bombay Stamp (Amendment) Act, 2005,

s. 7-5-2005).

2. This was substituted for the word 'minimum" by Mah. 9 1990. 72.1990).

3. These words were substituted for the words 'one hundred rupees" by Mah. 22 of 2001 s. 1-5-2001).

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The Stamp Act [Art. 6 0

of secur i t i e s of t h e Cent ra l

Government.

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Adhesive Stamp [see Rules 10 11.1

assignment and not by way of under lease or by

way of decree or final order passed by any Civil

Court or any Revenue Officer.

STAMPS TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Stamp [see Rules 10 & 11

The same duty a s is leviable on a

Conveyance under clause (a), b) '[or a s the case may be, of Article 25, on the market value of the property, which is t he subject matter of transfer.

61. TRUST

A. Declarat ion of of, o r concerning, any property when made by any writing not being a

(a) where there is disposition of

made for a

purpose;

where the Tr us t i s religious or charitable

rupees for every rupees five hundred or par t thereof a sum equal to the amount settled or market value of the property settled.

in any other case The s a m e d u t y a s a conveyance

under clause (a), as the case be, of Article 25, for a sum equal to the amount settled or the market value of the property settled.

1. These brackets, letters and word substituted for the brackets, letters and words (c) or by Mah. Tax Laws Amendment and Validation] Act, 2012, Mah. 8 of 2012,

2. These words were substituted for the words "the same duty as a bond by Mah. 9 of 1997, 1996).

These brackets, letters and word substituted for the brackets, letters and words or (d)" by Mah. Tax Laws (Levy Amendment and Validation) Act, 2012, Mah. 8 of 2012,

(

. . . .

,

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Art.

(b) where there is no disposition of property,-

'' made for a religious or charitable purpose.

The s am e duty a s a Bond (Article 13 ) for a s u m equal to the amount settled or market value of the property settled, but not

exceeding '[two hundred

in any other case The s am e duty a s a Bond (Article 13) for a s u m equal to the

amount settled or market value

of the property settled, but not

exceeding hundred rupees].

B. Revocation of - of, or concerning,

any when made by any instrument other than a Will.

The s am e d u t y a s a Bond (Article 13) for a s u m equal to t h e amount settled or market value of the property settled, but not exceeding hundred rupees].

See also Settlement (Article 55).

VALUATION, See Appraisement (Article 8)

TO BE USED - Non-Judicial Stamp

Paper Rule 6 or Impressed Adhesive Stamp [see Rules 10

62. WARRANT FOR GOODS, th at is to One rupee

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.

STAMPS TO BE USED - Adhesive Stamp.

These substituted for the words "one hundred rupees" by Mah. 22 of 2001 s. 1-5-2001).

2. These words were substituted for the words 'one hundred by 22 of 2001 1-5-2001).

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The Stamp Act [Art. 63

Contrac t , t h a t is to sa y, a

c on t r ac t for works a n d l abour o r services

involving transfer of property in goods (whether a s goods or in some other form) in its execution

and includes a sub-contract,-

[a) where the amount or value set

forth in su c h con t rac t does no t exceed

rupees ten lakh.

(b) wherei texceedsrupeestenlakh. One h un d r e d rupees plus o n e hundred rupees for every rupees

or part thereof, above rupees ten lakh, subject to the maximum of rupees five lakh.)

1. Article 63 added by Mah. 12 of2006 1-5-2006).