Indian Stamp (Assam Amendment) Act, 1989
[Act No. XVII of 1989]
[01st July, 1989]
Preamble
An
Act
further to amend the Indian Stamp Act, in its application to
Where it is expedient further to amend the Indian Stamp Act, 1899 (Act, II of 1899), (hereinafter called the principal Act), in its application to
It is hereby enacted in the fortieth Year of the
Section 1 - Short title, extent and commencement
(1) This Act may be called the Indian Stamp (Assam Amendment) Act, 19891.
(2) It extends to the whole of
(3) It shall come into force on such date2 as the State Government may, by notification in the official Gazette, appoint.
Footnotes:
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Published in the Assam Gazette Extraordinary, dated the 6th July, 1989.
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With effect from 30. 4. 1990, vide Notification No. EST. 2/89/89, dated 6th April, 1990, and published in the Assam Gazette Extraordinary No. 62, dated 11th April, 1990.
Section 2 - Amendment of Schedule I of Act II of 1899
In Schedule-1 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 seperate piece of paper when such book or paper is left in the editior'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. |
|
| 2. Administration-bond including a bond, given under Section 6 of the Government Savings Banks Act, 1873 (Act V of 1873), or section 291 or section 376 of the Indian Succession Act, 1925 (Act XXXIX of 1925)-- |
|
| (a) Where the amount does not exceed 1,000; | The same duty as a |
| (b) in any other case. | Thirty rupees. |
| 3. Adoption-deed, that is to say, any instrument (other than a | Sixty rupees. |
| 4. Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare of swearing. | Six rupees. |
| Exemptions |
|
| 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 -- |
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| (a) if relating to the sale of a bill of exchange; | One rupee. |
| (b) if relating to the sale of a Government security; | Subject to a maximum of seventy-five 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); | Fifty 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 case | One rupee 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. |
| (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, Whether the advance given under, such agreement does not exceed fifty rupees; | Fifty paise. |
| (e) if not, otherwise provided for. | Five rupees. |
| Exemptions |
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| Agreement or memorandum of agreement-- |
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| (a) for or relating to the sale of goods or marchandise exclusively, not being a note or memorandum chargeable under No. 43; |
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| (b) made in the form of tenders to the Government of India for, or relating to, any loan. |
|
| Agreement to Lease- see 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-- |
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| (1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whetever (other than a marketable security), or |
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| (2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan of an existing or furture debt-- |
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| (a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement,-- |
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| if the amount of loan does not exceed Rs. 500; | Five rupees. |
| if it exceeds Rs. 500 and does not exceed Rs. 1,000; | Ten rupees. |
| and for every Rs. 1,000 or part thereof in excess of Rs. 1,000. | Ten rupees. |
| (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). |
| Exemption |
|
| Instrument of pawn or pledge of goods if unattested. |
|
| 7. Appointment in execution of a dower, whether of trustees or of property, movable or immovable, where made by any writing not being a |
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| (a) where the value of the property does not exceed Rs. 1,000; | Fifty rupees. |
| (b) in any other case. | One hundred rupees. |
| 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. | Thirty rupees. |
| Exemption |
|
| (a) 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. | Thirty rupees. |
| Exemption |
|
| Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1961 (Act | 4 t |
| 10. Articles Association of a Company |
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| (a) where the company has no share capital or the nominal share capital does not exceed Rs. 2,500; | Seventy-five rupees. |
| (b) where the nominal share capital | One hundred rupees. |
| exceeds Rs. 2,500 but does not exceed Rs. 5,000; |
|
| (c) where the nominal share capital exceeds Rs. 5,000 but does not exceeds Rs. 1,00,000; | One hundred fifty rupees. |
| (d) where the nominal share capital exceeds Rs. 1,00,000. | Three hundred ten rupees. |
| Exemption |
|
| Articles of any Association not formed for profit and registered under Section 25 of the Indian Companies Act, 1956 (Act I of 1956).See also Memorandum of Association of a Company (No. 39).Assignment -- See Conveyance (No. 23) Transfer (No. 62), and Transfer of Lease (No. 63), as the case may be. Attorney -- 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 award directing a partition, or a reference made otherwise than by an order of the Court in the course of a suit. | The same duty as a |
| 15. Bond [as defined by Section 2(5)], not being a Debenture (No. 27), and not being other-wise provided for by this Act, or by the Court-fees Act, 1870 (Act |
|
| where the amount or value secured does not exceed Rs. 10; | Sixty paise. |
| where it exceeds Rs. 10 and does not exceed Rs. 50; | One rupee. |
| where it exceeds Rs. 50 and does not exceed Rs. 100; | Two rupees. |
| where it exceeds Rs. 100 and does not exceed Rs. 200; | Five rupees. |
| where it exceeds Rs. 200 and does not exceed Rs. 300; | Eight rupees. |
| where it exceeds Rs. 300 and does not exceed Rs. 400; | Ten rupees. |
| where it exceeds Rs. 400 and does not exceed Rs. 500; | Fifteen rupees. |
| where it exceeds Rs. 500 and does not exceed Rs. 600; | Twenty rupees. |
| where it exceeds Rs. 600 and does not exceed Rs. 700; | Twenty-two rupees. |
| where it exceeds Rs. 700 and does not exceed Rs. 800; | Twenty-five rupees. |
| where it exceeds Rs. 800 and does not exceed Rs. 900; | Twenty-eight rupees. |
| where it exceeds Rs. 900 and does not exceed Rs. 1,000; | Thirty rupees. |
| 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). | Fifteen rupees. |
| Exemptions |
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| |
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| (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, (Beng. Act |
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| (b) any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem. |
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| 16. |
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