Indian Stamp (Assam Amendment) Act, 1984
[Act No. XII of 1984]
[16th April, 1984]
Preamble
An
Act
further to amend the Indian Stamp Act, 1899, in its application to
Whereas it is expedient further to am end the Indian Stamp Act, 1899 (Act II of 1899), hereinafter called the principal Act, in its application to Assam, in the manner hereinafter appearing;
It is hereby enacted in the Thirty-fifth Year of the
Section 1 - Short title, extent and commencement
(1) This Act may be called the Indian Stamp (
(2) It extends to the whole of
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Footnote:
-
Published in the Assam Gazette Extraordinary (No. 85), dated 18th April, 1984. Pp - 865 -898. vide Notification No. L.G.L./180/78/pt.89.
Section 2 - Amendment of Schedule I of Act II of 1899
In Schedule I to the principal Act - (1) for items Nos. 1-10, 12, 15-20, 22-26, 28, 29, 31-36, 38-46, 48, 50-51, 54-61 and 63-65, the following shall be substituted, namely:-
| "Description of Instruments | Proper Stamp Duty |
| (1) | (2) |
| "1. Acknowledgement of a debt exceeding twenty rupees in amount or value, written or signed by or on behalf of a debtor in order to supply evidence of such debt in any book (other than a banker's pass-book) or on a separate piece of paper when such book or paper is left in the creditor's possession :Provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property. | Forty paise, |
| 2. Administration including a bond, given under Section 6 of the Government Savings Banks Act, 1873, or Section 291 or Section 376 of the Indian Succession Act, 1925 (Act XXXIX of 1925). |
|
| (a) Where the amount does not exceed Rs. 1,000; | The same duty as a |
| (b) in any other case. | Twenty four rupees seventy five paise. ' |
| 3. Adoption-Deed, that is to say, any instrument (other than a will), recording an adoption or conferring or purporting to confer an authority to adopt. | Fortynine rupees fifty paise. |
| 4. Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing. | Five rupees. |
| Exemption |
|
| Affidavit or declaration in writing when made-- |
|
| (a) as a condition of enlistment under the Indian Army Act, 1950 (Act XLVI of 1950); |
|
| (b) for the immediate purpose 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. |
|
| 5. Agreement or Memorandum of an Agreement-- |
|
| (a) if relating to the sale of a bill of exchange; | Seventy five paise. |
| (b) if relating to the sale of a Goverment security; | Subject to a maximum of Sixty-six rupees, forty-five paise for every Rs. 10,000 or part thereof of the value of the security. |
| (c) if relating to the purchase or sale of shares, scrips, stocks, bonds, debentures, debenture |
|
| stocks or any other marketable security of a like nature in or of any incorporated company or other body corporate. |
|
| (i) when such agreement or memorandum of an agreement is with or through a member or between members of a Stock Exchange recognised under the Securities Contracts (Regulation) Act, 1956 (Act XLII of 1956). | Thirty paise for every Rs. 2,500 or part thereof of the value of the security at the time of its purchase or sale, as the case may be. |
| (ii) in other cases; | Seventy paise for every Rs. 2,500 or part thereof the value of the security at the time of its purchase or sale, as the case may be. |
| (d) if executed for service or for performance of work in any estate whether held by one person or by more persons than one as co-owners, and whether in one or more blocks, and situated in Assam, where the advance given under such agreement does hot exceed fifty rupees; | Thirty-five paise. |
| (e) If not, otherwise provided for | Three rupees thirty paise. |
| Exemptions |
|
| Agreement for memorandum of Agreement-- |
|
| (a) for or relating to the sale of goods or merchandise exclusive, memorandum chargeable under No. 43; |
|
| (b) made in the form of tenders to the Government of India for or relating to any loan.Agreement to Lease --Lease (No. 35). |
|
| 6. Agreement relating to Deposit of Title Deeds, Pawn or Pledge, that is to say, any instrument evidencing an agreement relating to -- |
|
| (1) the deposit of titledeeds or instruments constituting or, being evidence of the title to any property whatever (other than a marketable security), |
|
| (2) the pawn or pledge of moveable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money of money advanced or to be advanced by way of loan of an existing or future debt-- |
|
| (a) if such loan or debt is repayable on demand or more than three months from the date of the |
|
| instrument evidencing the agreement,-- |
|
| if the amount of loan does not exceeds Rs. 500; | Four rupees fifteen paise. |
| if exceeds Rs. 500 and does not exceeds Rs. 1,000; | Eight rupees twenty - five paise. |
| and for every Rs. 1,000 or part thereof in excess of Rs. 1,000; | Eight rupees twenty - five paise. |
| (b) if such loan or debt is repayable not more than three months from the date of such instrument. | Half the duty payable under sub-clause (a). |
| Exemptions |
|
| Instrument of pawn or pledge of goods if unattested. |
|
| 7. Appointment in Execution of a power, whether of trustees or of property, movable or immovable, where made by any writing not being a will -- |
|
| (a) where the value of the property does not exceed Rs. 1,000; | Forty - one rupees twenty five paise. |
| (b) in any other case. | Seventy four rupees twenty- five paise. |
| 8. Appraisement or valuation made otherwise than under an order of the Court in the course of a suit-- |
|
| (a) where the amount does not exceed Rs. 1,000; | The same duty as a |
| (b) in any other case. | Twenty-four rupees seventy-five paise. |
| Exemptions |
|
| Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law, |
|
| (b) Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent. |
|
| 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. | Tweenty - four rupees seventy-five paise. |
| Exemptions |
|
| Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Act |
|
| 10. Articles of Association of a Company-- |
|
| (a) Where the company has no share capital or the nominal share does not exceed Rs. 2,500; | Sixty one rupees ninety paise. |
| (b) Where the nominal share capital exceeds Rs. 2,500 but does not exceed Rs. 5,000; | Eighty - two rupees fifty paise. |
| (c) Where the nominal share capital exceeds Rs. 5,000 but does not exceed Rs. 1,00,000; | One hundred twenty-three rupees seventy-five paise. |
| (d) Where the nominal share capital exceeds Rs. 1,00,000; | Two hundred forty - seven rupees fifty paise. |
| Exemptions |
|
| Articles of any Association not formed for profit and registered under Section 25 of the Companies Act, 1956 (Act I of 1956). |
|
| See also Memorandum of Association of Company (No. 39)Assignment-See Coveyance (No. 62), and Transfer of lease (No. 63), as the case may be.Attorny-See Power-of-attorney (No. 48).Authority to Adopt- See Adoption-deed (No. 3). |
|
| 12. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an a ward directing a partition, or a reference made otherwise than by an order of the | The same duty as a bond (No. 15) for the amount or value of the property to which the award relates as set forth in such award |
| Court in the course of a suit. | subject to a maximum of one hundred twenty-three rupees seventy-five paise. |
| 15. |
|
| Where the amount or value secured does not exceed Rs. 10; | Forty- five paise. |
| Where it exceeds Rs. 10 and does not exceed Rs. 50; | Eighty-two paise. |
| Where it exceeds Rs. 50 and does not exceed Rs. 100; | One rupee sixty-five paise. |
| Where it exceeds Rs. 100 and does not exceed Rs. 200; | Four rupees ten paise. |
| Where it exceeds Rs. 200 and does not exceed Rs. 300; | Six rupees twenty paise. |
| Where it exceeds Rs. 300 and does not exceed Rs. 400; | Eight rupees twenty - five paise. |
| Where it exceeds Rs. 400 and does not exceed Rs. 500; | Eleven rupees twenty paise. |
| Where it exceeds Rs. 500 and does not exceed Rs. 600; | Fourteen rupees ninety paise. |
| Where it exceeds Rs. 600 and does not exceed Rs. 700; | Seventeen rupees thirty -five paise. |
| Where it exceeds Rs. 700 and does not exceed Rs. 800; | Nineteen rupees eighty paise. |
| Where it exceeds Rs. 800 and does not exceed Rs. 900; | Twenty-two rupees thirty paise. |
| Where it exceeds Rs. 900 and | Twenty four rupees |
| does not exceed Rs. 1,000; | seventy-five paise. |
| And for every Rs. 500 or part thereof in excess of Rs. 1,000 See Administration Bond(No. 2), Bottomry Bond (No. 16), Customs Bond (No. 26), Indemnity-Bond (No. 34), Respondentia Bond (No. 56), Security Bond (No. 57). | Twelve rupees thirty paise. |
| Exemptions |
|
| |
|
| (a) headman nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Bengal Act |
|
| (b) any person for the purpose of guaranteeing that the local income derived from private... |
To continue reading
Request your trial