The Indian Stamp (Delhi Amendment) Act, 2010

j MEMBERSHIP DEPARTMENT Circular No. 727 NSE/MEM/15891Date: October 1,2010 Dear M' -nbers.

Sub: Regarding the Indian Stamp (Delhi Amendment) Act, 2010.

The Exchange is in receipt of a letter from Collector of Stamps, Delhi, and bearing reference No. F. l(80)/Regn.Br./Div. Com/10/596 dated September 23, 2010 regarding payment of stamp duty by members to Government of Delhi, the extract of the same is reproduced below:- Quote "The Indian Stamp Act. 1899 has been amended for the purpose of the stamp duty on brokers note which has come into effect from July, 2010. A copy of the notification is enclosed. In this regard, I am directed to inform you that proper system of collecting and depositing Stamp Duty or ^e brokers note generated electronically is being examined and deliberated in the Govt. of Delhi and it is expected that we would be in a position to finalise expeditiously. However, till such time the system is put in place, it is advised that the stamp duty on brokers note generated electronically may be deposited through Treasury Challan on monthly basis in ' the MH 0030 at State Bank of India, Tis Hazari, Delhi along with the return containing the detail of contract notes and stamp duty on that. The amount shall be deposited in the shape of cash or cheque or demand (draft shall be in favour of P.A.O.V.l, S.B.I., Tis Hazari, Delhi). A copy of the same shall be deposited by the respective company/member of your association to the collector of Stamps(HQ), Divisional Commissioner Office, 5 Sham Nath Marg, Delhi." Yours faithfully, Sd/- (Ravinder Kumar) SDM (HQ)/ Collector of Stamps (HQ) Unquote In view of the same all members are requested to comply with the above requirement.-. For National Stock Exchange of India Limited Sd/- Rehana D'souza;. Chief Manager• : Membership it!

8. 7. .(AftjilNDJAlNi '- '<?.. DEPUTY SECKIiTARY-II No. F. 5^55)Tin(TEV2006-O7/ ^^lJJSXUawd: ^' ^ '' Copy forwarded to: -

(1) This Act may be called the Indian Stamp (Delhi Amendment) Act, 2010. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Delhi Gazette, appoint.

In the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to as "the principal Act"), in section 2: (i) clause (1) shall be re-numbered as clause (1A) and before the clause (1A) as so re-numbered, the following clause shall be inserted, namely:- '(1) "association" means any association of persons, exchange brokers, or any other organization or body of persons, whether incorporated or not, and regulating or controlling or conducting business of sale or purchase of, or other transaction relating to, any goods or marketable securities traded through an association or otherwise.'; (ii) in clause (12), the following Explanation shall be added at the end, namely:- "Explanation.- The term "signed" and "signature" also included attribution of electronic record as per section 11 of the Information Technology Act, 2000 (21 of 2000)."; (iii) in clause (14), the following Explanation shall be added at the end, namely:- "Explanation.- The terms "document" also includes any electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000)."; and (iv) after clause (26), the following clause shall be inserted, namely:- "(27) "stock exchange" means any body of individuals, whether incorporated or not, constituted for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities.".

In the principal Act, in section 73 after the expression 'public officer' and before the expression 'any registers, books,', the expression 'or association or stock exchange referred to in clause (1) and clause (27) of section 2 having custody of' shall be inserted.

Delhi.

P. Estate, New Delhi. The Secretary to Revenue Minister, GNCT of Delhi, Delhi Sachivaiaye, I.P. Estate, New Delhi. The Secretary (Revenue) and Divisional Commissioner, GNCTD, S, Sham Nath Marg, Delhi.

P. Estate.

The OSD to fee Chief Secretary, Govl. of NC f of Delhi.

"I"(V) DEPUTY SECRETARY-!! NOTIFICATION No. F.5{55^Fin(T&Ey2OM-O7/- In cxenciM of the powers conferred by sub-section (3' of section 1 of the Indian Stamp (Delhi Amendment) Act. 2010 (Delhi Act 09 of 2010), the Lieutenant (jovernor of the National Capital Tenitoty of Delhi, hereby, appoints the 2^ day .of July. 20 i 0 on which the said Act shall come into force. tBy order and in the name of the ,Lieutenant Governor of the National ',Capital Termer.' of Delhi, Doled No. F. S(55yFin(T&Ey2006-07/ (TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE EXTRA ORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI FINANCE DEPARTMENT DELHI SACHIVALAYA. I.P. ESTATE: NEW DELHI-110002

i i (1)Thia Ad may be called ths Indian Stamp (Delhi Amendment) Act, 2010 (2)It eidende to the whole of the National Capital Tenttoiy of Delhi. (3)It ehall come Into force on euch defe ee the Lieutenant Oovemor of the National

Capital Territory of Delhi may, by

notification In the Delhi Gazette, appoint 2. In the Indian Stamp Act, 1899 (2 of IS99) (hereinafter referred to ae "the principal Acf). M section 2-

1. (I) clauae (1) shall be re-numberari ea oltuea (1A) end before the dense (1 A) ae no re-numbered, the following dauee ahaR be Inserted, namely:- '(1) "aaaoclatlon' means any BeaodeUon of pereone, exchange brohers, or any othar orgenlzetlon or body of persons, whether incorporated or not, and regulating or controlling or oonductmg business of the Amendment of aection :.

Short OtSa, extant and

comtrtancamenL No.?.I4('.!>LA-2001-^<i-/j I, If . The following Acl otlbe Legislative Assembly of the Nelionel Capita) Territory of Delhi received (he tuien! of the President of India on U* Mty. 2010 and li hereby published fbr general inhumation:- "THE INDIAN STAMP (DELHI AMENDMENT) ACT, 1010 (DELHI ACT 09 OP 2010) (A- (tailed by the Leguleilve Assembly of the National Capital Territory of Delhi on the I'April, 2010) [13* May. 2010] Alt Act to further amend .(he Indian Stamp Act, 1199 (2 of 1199) ai in force in the National

Capital Territory of Delhi '•• '•

BE it enacted by the l^gislative Assembly of the National Capital Territory of Delhi In Use Sixty-ftrst Year of the Rcpubticof India as follows:- NOTIFICATION Doled 8 V June. 2010 Nc.FI4(lyLA-2008/ ^to--/ (TO BE PUBLISHED m PART-IV OP THE DELHI C'AEETTE-EXTRAORDINARY) GOVERNMENT OK NATIONAL CAPITAL TERRITORY OF DELHI (DEPARTMENT OP LAW, JLSTICIC A LEGISLATIVE APPAIRS) '" LEVEL, C-WINC, DELHI SECRETARIAT, NEW DELHI

.i S g;I* eemmbdltlaapart thereof." traded through an association or otherwise. Explanation L - Any duty paid undar thisj

Article shall be ad|utted towards the duty.It 1

chargeable. If any, under Article 6,19,38,43 or 59, at the case may be. Explanation II. - For the purpose of clause (b), securities shall have the same meaning at ^sfiheSty the Securities Contracts (Regulation) Act, 1958 (42 of 1956). Explanation III-Notwithstanding anything contained In this Act or any other lawji j for the lima being in force, securities dealt In depository shall not be liable toj| i stamp duty as exempted vide clause (c) of section 8 A of the Indian Stamp Act, 1899."...v-; '

• • i . .'..(SavilaRao)

Joint Secretary (Law, Justice and L.A.)>'• j

li

oalo or purchase or, or other nnooooon rotating to, tny goods or mtrkotaUo

1. (II) In otauoo (12), too (Mowing Exptanotlon shall bo addad at mo and, namely.- "Explanation. • Tho tam "algnod" and "signature" alto Indudad attribution of electronic rtoord at par section 11 or tho Information Toohnokjgy Act, 2000 (21 of , MO));"; •• (III) In ctauta (14), mo following . ' * Explanation ahad bo addad at tho and, namoly:- "Expltnatlon.- Tho torma "document" am Includes tny otaotronlc tacofd at daflnad In douse (t) of aubtaactlon (1) of aacllon 2 of
   • • tho Information Technology Act, 2000 (21 of 2000);-; and
2. (Iv) aftor elauto (28). tho ftxiowing tjlauao ahall bo Inaarttd, namely.- "(27) -atook axohtngs- moans any body of IndlvMutlt, whsthar moorporatad or not, oontOtutad for tho purpota of aaatatlng, ragulatlng or controlling tho business of buying, tailing or dealing In ascurlllot.'. In tho principal Act, In section 73 after tho

expression 'publo offloar* and bolora the

axpraaalon 'any rogtatora, books,', Ota axpiasslon 'or association or stook oxchanga referred to In dauts (1) and clause (27)

Amendment of section 73. 3.

•M j a I rupees 1,00,000 or One rupee for every or port thereof. every rupeee 10,000 Twenty pafsa for or part thereof. every rupees 10,000 Twenty palse for thereof, rupees 10,000 or pert One rupee for every value of security, pert thereof of the rupees one crcre or Fbly rupeee for evary forward oontracts

1. (0) If relating to trading, futures and options
   • (o) relating to delivery,
     • (I) In case of non delivery, (0 h oaee of under bam (a) •bow- than those falling socumlas, other purchase or sals of
   • (b) If relating to aecurttfee, of Government sale and purchase
   • (a) If relating to et eecdon 2 neying custody of shall be hearted. . In die primdpel Art. m Schedule 1A. after Article 64, end before Article 66 the following Article thai be edded, nemely:- -S4A. Record of Traneectfon (Eleclmnloe or Otherwise), affected by e trading member through the ecaocletlcn or slock exchange referred to In clause (1) end clause (27) respectively of section 2- .Amendment of Schedule 1A. /