The Bombay Stamp Act, 1958

(1) This Act may be called the Maharashtra Stamp (Amendment and Validation) Act, 2017. (2) It shall be deemed to have come into force with effect from the 15th December 2016.

In section 2 of the Maharashtra Stamp Act (hereinafter referred to as “the principal Act”), before the existing clause (a), the following clause shall be inserted, namely :— “(aa) “Additional Controller of Stamps, Mumbai” means the officer or officers so designated by the State Government and includes any other officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf ; ”. In section 2 of the Maharashtra Stamp Act (hereinafter referred to as “ the principal Act ”), in clause (g), for sub-clause (iv), the following sub-clause shall be substituted, namely :— “ (iv) every order made by the High Court under section 394 of the Companies Act, 1956 or every order made by the National Company Law Tribunal under sections 230 to 234 of the Companies Act, 2013 or every confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013, in respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company); and every order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949, in respect of amalgamation or reconstruction of Banking Companies ; ”. In section 9 of the Maharashtra Stamp Act (hereinafter referred to as “the principal Act”), in clause (a), for the word “duties” the words “duties or penalty, if any, or both” shall be substituted and shall be deemed to have been substituted with effect from the 1st April 1994.

In section 4 of the principal Act,— (a) in sub-section (1),- (i) after the word “sale,” the word “lease,” shall be inserted ; (ii) after the words “development agreement,” where it occurs for the second time, the word “lease,” shall be inserted ; (b) in the marginal note, after the word “sale,” the word “lease,” shall be inserted. In SCHEDULE I of the principal Act, in Article 1, in clause (1),— (i) in sub-clause (c), in column (1), the word “and” shall be deleted ; (ii) for sub-clause (d), the following sub-clauses shall be substituted, namely :– “(d) exceeds rupees 10,000 Fifty rupees. but is less than rupees 10,00,000; and (e) is rupees 10,00,000 and One Hundred rupees.”. In Schedule I appended to the principal Act, in article 25, in clause (da), in column (1), for the portion beginning with the brackets, letters and words “ (da) if relating to the order of High Court ” and ending with the words and figures "Banking Regulation Act, 1949’’, the following portion shall be substituted, namely :— “ (da) if relating to the order of the High Court under section 394 of the Companies Act, 1956 or the order of the National Company Law Tribunal under sections 230 to 234 of the Companies Act, 2013 or confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013 in respect of the amalgamation, merger, demerger, arrangement or reconstruction of companies (including subsidiaries of parent company) or order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 in respect of amalgamation or reconstruction of Banking Companies.”. In section 39 of the principal Act, in sub- section (1), in clause (b),— (i) before the first proviso, the following shall be inserted, namely :– “Provided that, duty for which reduction or remission is granted by the Government under clause (a) of section 9 under any prevailing policy shall not be treated as deficient portion of duty for the purposes of calculation of penalty, if the beneficiary of such reduction or remission in duty surrenders or forgoes or has surrendered or forgone such benefit with prior approval or with no objection from the Government :”; (ii) in the first proviso, for the words “Provided that” the words “Provided further that” shall be substituted ; (iii) in the second proviso, for the words “Provided further that” the words “Provided also that” shall be substituted. In section 39 of the principal Act, in sub- section (1), in clause (b),— (i) before the first proviso, the following shall be inserted, namely :– “Provided that, duty for which reduction or remission is granted by the Government under clause (a) of section 9 under any prevailing policy shall not be treated as deficient portion of duty for the purposes of calculation of penalty, if the beneficiary of such reduction or remission in duty surrenders or forgoes or has surrendered or forgone such benefit with prior approval or with no objection from the Government :”; (ii) in the first proviso, for the words “Provided that” the words “Provided further that” shall be substituted ; (iii) in the second proviso, for the words “Provided further that” the words “Provided also that” shall be substituted.

In section 10 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely :— “(3A) The procedure to regulate the use of e-payment, through Government Receipt Accounting System (G.R.A.S.) (Virtual Treasury) for payment of duty shall be such as the Chief Controlling Revenue Authority may by an order determine.”. (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary or in the principal 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 25 in the Schedule I to the principal Act shall be deemed to have been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and Validation) Act, 2017 (hereinafter in this section referred to as “the Amendment Act ”) had been continuously in force at all material time and accordingly,— (a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the levy and collection of the stamp duty shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the said Act ; (b) no suit or other proceedings shall be maintainable or continued in any court, against the said authorities for the refund of the stamp duty so levied and collected ; (c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected. (2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,— (a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act, any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or (b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of stamp duty under the principal Act, as amended by the Amendment Act. (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary or in the principal Act, reduction or remission in the duties or penalty or both, granted under clause (a) of section 9 of the principal Act including any action taken in pursuance of such reduction or remission by the authorities under the said Act, acting or purporting to act under the provisions of the principal Act, shall be deemed to have been validly granted in accordance with law as if the provisions of clause (a) of section 9 of the principal Act as amended by the Maharashtra Stamp (Amendment and Validation) (Continuance) Act, 2019 (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material times and accordingly,– (a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the reduction or remission of the duty or penalty or both shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the principal Act ; (b) no suit or other proceedings shall be maintainable or continue in any court, against the said authorities for the remission or reduction granted in respect of the duties or penalty or both. (2) For the removal of doubt, it is hereby declared that nothing in sub- section (1) shall be construed as preventing a person,– (a) from questioning in accordance with the provisions of the principal Act, as amended by the Amendment Act, any assessment, re-assessment, levy or collection of stamp duty or penalty or both, referred to in sub-section (1) of this section ; or (b) from claiming refund to any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of duties or penalty or both under the principal Act, as amended by the Amendment Act.

After section 10C of the principal Act, the following section shall be inserted, namely :— “10D. (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-Government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) in respect of such instruments, as may be specified in the notification passing through their system or related to their functioning of which registration is not compulsory. (2) The Chief Controlling Revenue Authority shall authorise a person nominated by such Department or body, etc. as mentioned in sub-section (1) as a proper officer for defacing the challan and making the endorsement on such instruments. (3) It shall be the duty of the proper officer so authorised under sub-section (2) to make an endorsement on the instruments after defacing the challan, as follows :— “Stamp duty of Rs. _______ paid in *cash/by demand draft/by pay order/e-Challan, vide Receipt/Challan No._______________/GRN No._______________ CIN_____________ dated the ___________. Seal of the office. Signature of the Officer. *Strike out whatever is not applicable.”. (1) The Maharashtra Stamp (Amendment and Validation) Ordinance, 2017, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act. (1) The Maharashtra Stamp (Amendment and Validation) (Continuance) Ordinance, 2019, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance shall be deemed to have been done, taken or, as the case may be, issued under the corresponding provisions of the principal Act, as amended by this Act.

In section 30 of the principal Act,— (a) in clause (f), the word “and” shall be deleted ; (b) after clause (f), the following clause shall be inserted, namely :— “(f-a) in case of instruments of works contract as provided in Article 63 of SCHEDULE I, by the person receiving the contract;”. (b) in entry (B),- (i) in sub-entry (1), in column 2, for the words “Fifty rupees” the words and figures “Fifty rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted; (ii) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted; (B) in clause (h), in sub-clause (A),- (i) in entry (i),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (ii) in entry (ii),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on ” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (iii) in entry (iii),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted; (iv) in entry (iv),- (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the figures and words “0.2 per cent. of” shall be substituted; (v) in entry (v),- (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on ” the figures and words “0.5 per cent. of” shall be substituted; (vi) in entry (vi),- (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the words and figures “0.2 per cent. of” shall be substituted; (5) in Article 6,- (A) in clause (1),- (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the words and figures “0.2 per cent. of” shall be substituted; (B) in clause (2),- (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the words and figures “0.2 per cent. of” shall be substituted; (iii) after Explanation I, the following Explanation shall be inserted, namely:- “Explanation II.- For the purposes of this Article, any new instrument executed for additional loan or extension of previous loan shall be treated as a fresh instrument and chargeable with the duty to the extent of additional amount being secured or disbursed or sanctioned.”; (6) in Article 7, - (i) in clause (a), in column 2, for the words “One hundred rupees” the words “One thousand rupees” shall be substituted; (ii) in clause (b), in column 2, for the words “Two hundred and fifty rupees” the words “One thousand rupees” shall be substituted; (7) in Article 8, in column 2, for the words, brackets and figures “Same duty as per Bond (Article 13) subject to maximum of one hundred rupees” the words “One hundred rupees” shall be substituted; (8) in Article 10, in column 2, for the words and figures “One thousand rupees for every rupees 5,00,000 or part thereof,” the figures and words “0.2 per cent. on share capital or increased share capital, as the case may be” shall be substituted; (9) for Article 12, the following Article shall be substituted, namely:- “12. AWARD, that is to say, any decision in writing Five hundred by an arbitrator or umpire, on a reference made rupees.”; otherwise than by an order of the Court in the course of a suit, 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 partition. (10) in Article 13,— (a) in column 1, the words “for every rupees five hundred or part thereof” shall be deleted; (b) in column 2, for the words “Five rupees, subject to a minimum of rupees one hundred” the words “One per cent. of amount of Bond, subject to a minimum of rupees five hundred” shall be substituted; (11) in Article 14, in column 2, for the words and figures “Same duty as a Bond (Article 13) for the same amount” the figures and words “One per cent. of the amount of Bond, subject to a minimum of rupees five hundred” shall be substituted; (12) in Article 15, in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted; (13) in Article 17, in column 2, for the words “One rupee for every one thousand rupees or a part thereof,” the figures and words “0.1 per cent.” shall be substituted; (14) in Article 18, in column 2, for the words “One hundred rupees” the word “Five hundred rupees” shall be substituted; (15) in Article 24, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted; (16) in Article 25, for clause (a), the following clause shall be substituted, namely:- “(a) if relating to movable property 3 per cent. of the market value of the property.”; (17) for Article 28, the following Article shall be substituted, namely:- “28. CUSTOMS BOND OR EXCISE BOND, Five hundred that is to say, any bond given pursuant to the rupees.”; 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 thereto. (18) in Article 34, in column 2, after the existing proviso, the following proviso shall be added, namely:- “Provided further that, if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson, grand-daughter, wife of decesed son, the amount of duty chargeable shall be rupees two hundred.”; (19) in Article 35, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted; (20) in Article 39, - (i) in clause (a), in column 2, for the words “Two hundred rupees” the words “One thousand rupees” shall be substituted; (ii) in clause (b), in column 2, for the portion beginning with the words “The same duty” and ending with the words “share capital of the company” the figures and words “0.2 per cent. according to the share capital of the company, subject to minimum of rupees one thousand and maximum of rupees 50,00,000” shall be substituted; (21) in Article 40, - (i) in clause (b), in column 2, for the words “Five rupees for every one thousand or part thereof for” the figures and words “0.5 per cent. of” shall be substituted; (ii) in clause (c), in column 2, for the words and figures “The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred” the words “Five hundred rupees” shall be substituted; (22) in Article 45,- (i) in clause (a),- (A) in column 1, the words, letters and figures “for every Rs.1,000 or part thereof” shall be deleted; (B) in column 2, for the words “Ten rupees” the words “One per cent. of amount of payment under order” shall be substituted; (ii) for clause (b), the following clause shall be substituted, namely :— “(b) where payable at more than one year Two per cent. of amount after date or sight. of payment under order.”; (23) in article 46, in column 2, for the words “Rupees Ten for every rupees five hundred or part thereof” the words “Two per cent.” shall be substituted; (24) for Article 47, the following Article shall be substituted, namely:- “47. PARTNERSHIP— (1) Instrument of any partnership inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind- (a) where there is no share of contribution Five hundred rupees. in partnership, or where such share contribution brought in by way of cash does not exceeds 50,000. (b) where such share contribution brought One per cent. of the in by way of cash is in excess of rupees amount of share contri- 50,000. bution subject to maximum of rupees fifteen thousand. (c) where such share contribution is brought The same duty as is in by way of property, excluding cash. leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property. (2) Dissolution of partnership or retirement of partner inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind- (a) where on dissolution of the partnership The same duty as is or on retirement of a partner any property leviable on a is taken as his share by a partner other than Conveyance under a partner who brought in that property as clause his share of contribution in the partnership. (a), (b) or (c), as the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one hundred. (b) in any other case Five hundred rupees.”;

In section 31 of the principal Act, in sub-section (4), in the proviso, for the word “double” the words “four times” shall be substituted.

In section 32A of the principal Act,— (i) in sub-section (1), after the words “by way of assignment” the following portion shall be inserted, namely :— “and also any other instruments mentioned in SCHEDULE I chargeable with duty on the basis of market value of the property”; (ii) in sub-section (2), in the third proviso, for the word “double” the words “four times” shall be substituted; (iii) in sub-section (4),— (a) the first and second provisos shall be deleted; (b) in the third proviso, for the word “double” the words “four times” shall be substituted.

In section 32B of the principal Act,— (i) in sub-section (1), after the words “file an appeal against such order, to the” the words “Additional Controller of Stamps, Mumbai in respect of the property, which is the subject matter of the instrument, is situated in Mumbai City and Mumbai Suburban Districts and in respect of the properties situated in the other parts to the” shall be inserted; (ii) in sub-section (2), after the words “against the order of the” the words “Additional Controller of Stamps, Mumbai or the” shall be inserted.

In section 34 of the principal Act, in the proviso, in clause (a), in sub-clause (ii), in the proviso, for the word “double” the words “four times” shall be substituted.

10C. Notwithstanding anything contained in section 10, in case of the notary appointed under the Notaries Act, 1952, for the whole or any part of the State of Maharashtra, the duty payable for performing the functions entrusted to him under any law for the time being in force, may be paid by him by way of cash, or by demand draft or by pay order, in any Government Treasury or Sub-Treasury or General Stamp Office, Mumbai and the notary shall make an endorsement on the instrument as follows, namely :, Stamp Duty of Rs. ........... paid* in cash/by demand draft/by pay order, vide * Receipt/Challan No. ........................, dated the ................, in * Government Treasury/Sub-Treasury Office at ......................../the General Stamp Office, Mumbai.

Seal of the notary. Signature of the notary with date.

*Strike out whatever is not applicable. ”.

(1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-Government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) or by any other system of payment as may be notified by the State Government in this behalf, in respect of such instruments, as may be specified in the notification in which such Department or body, etc., is a party or which create a right in favour of such Department or body, etc., and of which registration is not compulsory: Provided that, in case of instruments requiring stamp duty of less than Rs. 500, the stamp duty may be paid to the State Government through any other mode of payment permissible under this Act and the provisions of sub-sections (2) and (3) shall not be applicable in case of such payment. (2) In computing the period of seven days, the day on which the amount of stamp duty is paid by the person and the day on which the challan is defaced electronically in the Government Receipt Accounting System (G.R.A.S.) or any other system of payment notified by the State Government in this behalf shall be excluded. (3) The registering officer shall, before registering the instrument, verify the genuineness of the challan as provided in sub-section (2). Provided that, whenever the Stamp Duty has been paid through Government Receipt Accounting System (G.R.A.S.) by receipt of e-payment i.e. electronically Secured Bank and Treasury Receipt (e-SBTR), the provisions of sub-sections (2) and (3) shall not be applicable.

Section 38 of the principal Act shall be deleted.

In section 39 of the principal Act, in sub-section (1), in sub-clause (b), in the first proviso, for the word “double” the words “four times” shall be substituted.

In section 40 of the principal Act, after the words “hereinafter prescribed” the words “with the prior approval of the Additional Controller of Stamps, Mumbai for the areas in Mumbai City and Mumbai Suburban Districts and for the other areas the Deputy Inspector General of Registration and Deputy Controller of Stamps” shall be added.

In section 48 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely :— “ Provided that, where an agreement to sale of immovable property on which stamp duty is paid under Article 25 of the SCHEDULE I, is registered under the provisions of the Registration Act, 1908 and thereafter such agreement is cancelled by a registered cancellation deed for whatsoever reasons before taking the possession of the property which is the subject matter of such agreement, within a period of five years from the date of execution of the agreement to sale, then the application for relief may be made within a period of six months from the date of registration of cancellation deed.”.

Where due to material alterations made in an instrument by a party, with or without the consent of other parties, the character of the instrument is materially or substantially altered, then such instrument shall require a fresh stamp paper according to its altered character.

1. (1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, [by one of the parties to the instrument and such person] applies to have the opinion of that officer as to the duty (if any) with which [or the Article of Schedule I under which] it is chargeable and pay [a fee of fifty rupees], and one rupee on every Rs. 1,000 or part thereof, subject to a minimum of five rupees and maximum of twenty-five rupees in cases involving stamp duty on ad valorem basis, the Collector shall determine the duty (if any) with which, [or the Article of Schedule I under which] in his judgement, the instrument is chargeable. (2) For this purpose the Collector may require to be furnished with [a true copy or] an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein and may refuse to proceed up any such application until [such true copy or abstract] and evidence have been furnished accordingly : Provided that, (a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable ; and (b) every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. (3) Where the Collector acting under sub-sections (1) and (2) is not the Collector of the District and if he has reason to believe that the market value of the property, which is the subject matter of the instrument, received by him for adjudication, has not been truly setforth therein, [he shall, for the purpose of assessing the stamp duty, determine the true market value of such property, as laid down in the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995.] (4) When an instrument is brought to the Collector for adjudication, (i) within one month of execution or first execution of such instrument in the State ; or (ii) if, such instrument is executed or first executed out of the State, within three months from the date of first receipt of such instrument in this State, the person liable to pay the stamp duty under section 30 shall pay the same within sixty days from the date of service of the notice of demand in respect of the stamp duty adjudicated by the Collector. If such person fails to pay the stamp duty so demanded within the said period, he shall be liable to pay a penalty at the rate of two per cent. of the deficient portion of the stamp duty, for every month or part thereof, from the date of execution of such instrument, or as the case may be, date of the first receipt of such instrument in the State.

1. (1) When an instrument brought to the Collector under section 31, is in his opinion, one of a description chargeable with duty, and, (a) the Collector determines that it is already fully stamped, or (b) the duty determined by the Collector under section 31, or such sum as with the duty already paid in respect of the instrument, is equal to the duty, so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty [(stating the relevant Article of Schedule I and the amount)] with which it is chargeable has been paid. (2) when such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. (3) [Subject to the provisions of section 53A, any instrument upon which an endorsement has been made] under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be, and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped : Provided that nothing in this section shall authorise the Collector to endorse, (a) any instrument executed or first executed in the State and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ; (b) any instrument executed or first executed out of the State and brought to him after the expiration of three months, after it has been first received in this State ; or (c) any instrument chargeable with the duty of twenty naye paise or less when brought to him, after the drawing or execution thereof, on paper not duly stamped.

1. (1) Every instrument of conveyance, exchange, gift, certificate of sale, deed of partition or power of attorney to sell immovable property when given for consideration, deed of settlement or transfer of lease by way of assignment, presented for registration under the provisions of Registration Act, 1908, shall be accompanied by a true copy thereof : Provided that, in case of such instruments executed on or after the 4th July 1980, to the date of commencement of the Bombay Stamp (Amendment) Act, 1985, an extract of the instrument to be taken from the registration record shall be deemed to be the true copy accompanying the instrument, presented for registration for the purpose of sub-section (1). (2)(a) If any officer registering such instrument has reason to believe, on the basis of the information available with him in this behalf, that the market value of the immoveable property which is the subject matter of such instrument has not been truly set forth therein, he may, immediately after presentation of such instrument, give a notice to the person who is liable to pay the stamp duty under section 30, calling upon such person to pay the deficit amount of stamp duty and a penalty at the rate of 2 per cent. of the deficit portion of the stamp duty, for every month or part thereof from the date of execution of such instrument. If such person is willing to pay the amount of the deficit stamp duty and penalty thereon, the registering officer shall accept the payment. The procedure laid down in sub-section (3) of section 10 shall, mutatis mutandis, apply to such payment.
   • (b) If such person does not make the payment

No instrument chargeable with duty 1* * * * * * shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instruments is duly stamped 2[or if the instrument is written on sheet of paper with impressed stamp, 3[such stamp paper is purchased in the name of one of the parties to the instrument :] ]

Provided that, 4[(a) any such instrument shall, subject to all just exceptions, be admitted in evidence on payment of, (i) the duty with which the same is chargeable, or in the case of an instrument insufficiently stamped, the amount required to make up such duty, and

1. (ii) a penalty of five rupees or, ten times the amount of deficient portion thereof, whichever is higher.]

1. (b) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp; the contract or agreement shall be deemed to be duly stamped;
2. (c) nothing herein contained shall prevent the admission of any instrument II of in evidence in any proceeding in a Criminal Court, other than a proceeding 1974. 5[under Chapter IX or Part D of Chapter X of the Code of Criminal Procedure 1973;]
3. (d) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act; 6[(e) nothing herein contained shall prevent the admission of a copy of any instrument or of an oral admission of the contents of any instrument, if the stamp duty or a deficient portion of the stamp duty and penalty as specified in clause (a) is paid.]

Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 58, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.

The State Government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

1. (1) When the person impounding an instrument under section 33 has, by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 34 or of duty as provided by section 36, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. ^1[(2) In every other case, a person so impounding the original instrument shall prepare an authentice copy of such instrument and where it is a true copy or an abstract referred to in section 31 or true copy referred to in section 33A, he shall send such authentice copy or, true copy or, as the case may be, an abstract to the Collector, for the purpose of taking action on the authentic copy or a true copy or, as the case may be, an abstract as if it were the original instrument and endorsing thereon a certificate with reference to the instrument under clause (a) of sub-section (1) of section 39 or under sub-section (1) of section 41, as the case may be. On receipt of the authentic copy, the true copy or, as the case may be, an

[Repealed]

In section 39 of the principal Act, in sub-section (1), in sub-clause (b), in the first proviso, for the word “double” the words “four times” shall be substituted.

In section 40 of the principal Act, after the words “hereinafter prescribed” the words “with the prior approval of the Additional Controller of Stamps, Mumbai for the areas in Mumbai City and Mumbai Suburban Districts and for the other areas the Deputy Inspector General of Registration and Deputy Controller of Stamps” shall be added.

1. (1) When the duty and penalty (if any) leviable in respect of any instrument [not being any instrument referred to in sub-section (1) of section 32-A] have been paid under section 34, section 39 or section 40, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.
2. (2) [Subject to the provisions of section 53A, every instrument] so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered [on the application in this behalf, to the person who produced it, or to the person from whose possession it came into the hands of the officer impounding it, or to any other person according to the directions of such person:]

Provided that, (a) no instrument which has been admitted in evidence upon payment of duty and a penalty under section 34, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate;

1. (b) nothing in this section shall affect the provisions of rule 9 of Order XIII in Schedule I of the Code of Civil Procedure, 1908.

42. The taking of proceedings or the payment of a penalty under this Chapter shall not bar the prosecution of any person who appears to have committed an offence against the stamp law in respect of such instrument :

Provided that no such prosecution shall be instituted in the case of any instrument in respect of which a penalty has been paid unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty.

1. (1) When any duty or penalty has been paid under section 34, section 36, section 39 or section 40, by any person in respect of an instrument, and by agreement or under the provisions of section 30 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.
2. (2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified.
3. (3) Such amount may, if the Court

1. (1) Where any penalty is paid under section 34 or section 39, the Chief Controlling Revenue Authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part.
2. (2) Where, in the opinion of the Chief Controlling Revenue Authority stamp duty in excess of that which is legally chargeable has been charged and paid under section 34 or section 39, such authority may, upon application in writing made by the party concerned within ^2[one year] from the date of receipt of the order charging the same, refund the excess.

1. (1) If any instrument sent to the Collector under sub-section (2) of section 37 is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.
2. (2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first mentioned person and authenticated by the person impounding such instrument.

^3[(1)] All duties, penalties and other sums required to be paid under this ^3[Act] may be recovered by the Collector by distress and sale of the moveable property of the person from whom the same are due, or as an arrear of land revenue.

^4[(2)] For the purpose of effecting such recovery, as arrears of land revenue, (a) the Chief Controlling Revenue Authority shall have and exercise all the powers and perform all the duties of the Commissioner under the Maharashtra Land Revenue Code, 1966 ;

1. (b) the officer appointed as the Collector under clause (f) of section 2 shall have and exercise all the powers and perform all the duties of the Collector under the said Code.

1. (3) Every notice issued or order passed in exercise of the powers conferred by sub-section (2) shall, for the purposes of this Act, be deemed to be a notice issued or an order passed under this Act.]

Subject to such rules as may be made by the State Government as to the evidence to be required or the inquiry to be made, the Collector may on application made within the period prescribed in section 48, and if he is satisfied as to the facts make allowance for impressed stamps spoiled in the cases hereinafter mentioned namely :, (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person;

1. (b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto ;
2. (c) the stamp used for an instrument executed by any party thereto which, (1) has been afterwards found ^1[by the party] to be absolutely void in law from the beginning ; ^2[(1A) has been afterwards found by the Court, to be absolutely void from the beginning under section 31 of the Specific Relief Act, 1963 ;]

1. (2) has been afterwards found unfit, by reason of any error or mistake therein for the purpose originally intended ;
2. (3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same; or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed;
3. (4) for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended ;
4. (5) by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose;
5. (6) becomes useless in consequence of the transaction intended to be thereby effected by some other instrument between the same parties and bearing a stamp of not less value;
6. (7) is deficient in value and the transaction intended to be thereby effected had been effected by some other instrument between the same parties and bearing a stamp of not less value;
7. (8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped: Provided that, in the case of an executed instrument, ^3[except that falling under sub-clause (1A)], no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up ^4[to be cancelled, or has been already given up to the Court to be cancelled.]

In section 48 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely :— “ Provided that, where an agreement to sale of immovable property on which stamp duty is paid under Article 25 of the SCHEDULE I, is registered under the provisions of the Registration Act, 1908 and thereafter such agreement is cancelled by a registered cancellation deed for whatsoever reasons before taking the possession of the property which is the subject matter of such agreement, within a period of five years from the date of execution of the agreement to sale, then the application for relief may be made within a period of six months from the date of registration of cancellation deed.”.

49. The Chief Controlling Revenue Authority or the Collector if empowered by the Chief Controlling Revenue Authority in this behalf may without limit of time, make allowance for stamped papers used for printed forms of instrument by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said banker, company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.

50. (1) When any person has inadvertently used, for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not chargeable with any duty; or

1. (2) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of provisions of section 13; the Collector may, on application made within 5 [six months] after the date of the instrument, or, if it is not dated, within 6 [six months] after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless.

7[51. In any case in which allowance is made for spoiled stamps under section 47, or misused stamps under section 50, or in respect of printed forms no longer required under section 49, the Collector may give, in lieu thereof, (a) the same value in money, deducting 7[therefrom such amount as may be prescribed by rules made in this behalf by the State Government] ; or

1. (b) if the applicant so requires, other stamps of the same description and value; or
2. (c) if the applicant so requires, stamps of any other description of the same amount in value: Provided that, in the cases covered by clauses (b) and (c) a stationery charge as may be prescribed by rules made by the State Government, shall also be recovered in respect of spoiled or misused stamp papers surrendered.]

When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ¹[therefrom such amount as may be prescribed by rules made in this behalf by the State Government] upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction, (a) that such stamp or stamps were purchased by such person with a bona fide intention to use them ; and

1. (b) that he has paid the full price thereof ; and
2. (c) that they were so purchased within the period of ²[six months] next preceding the date on which they were so delivered :

In section 52A of the principal Act,— (a) in sub-section (1), for the words “one lakh” the words ‘five lakhs” shall be substituted;

Notwithstanding anything contained in sections 47, 50, 51 and 52,--

1. (a) Any stamps which have been purchased but have not been used or in respect of which no allowance has been claimed on or before the day immediately preceding the date of commencement of the Bombay Stamp (Amendment) Act, 1989 (hereinafter referred to as "the commencement date") and the period of six months from the date of purchase of such stamps has not elapsed before the commencement date, may be used before a period of six months from the date of purchase of such stamps is completed, or delivered for claiming the allowance under the relevant provision of this Act; and any stamps not so used or so delivered within the period aforesaid shall be rendered invalid.
2. (b) Any stamps which have been purchased on or after the commencement date but have not been used, or no allowance has been claimed in respect thereof, within a period of six months from the date of purchase thereof, shall be rendered invalid.]

1. (1) The powers exercisable by a Collector under [Chapter III], Chapter IV and Chapter V and under clause (a) of [the second proviso] to section 27 shall in all cases by subject to the control of the Chief Controlling Revenue Authority : [Provided that, nothing contained in this sub-section shall apply [in relation to any order of the Collector of the District determining the true market value of the immoveable property which is the subject-matter of the instrument] referred to in sub-section (1) of section 32A]. [(1A) Any person aggrieved by an order of the Collector under Chapter III, Chapter IV, Chapter V and under clause (a) of the second proviso to section 27 may, within sixty days from the date of receipt of such order, by an application in writing, accompanied by a fee of three hundred rupees, file an appeal against such order to the Chief Controlling Revenue Authority; who shall, after giving the parties a reasonable opportunity of being heard, consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final.]
2. (2) If any Collector, acting under section 31, section 39 or section 40, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue Authority.
3. (3) Such authority [after giving the parties a reasonable opportunity of being heard] shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision.

1. (1) Notwithstanding anything contained in sub-section (3) of section 32, sub-section (2) of section 39 and sub-section (2) of section 41, when through mistake or otherwise any instrument is charged with less duty than leviable thereon or is held not chargeable with duty, as the case may be, by the Collector, the Chief Controlling Revenue Authority may, within a period of six years from the date of certificate of the Collector under section 32, 39 or 41, as the case may be, require the concerned party to produce before him the instrument and, after giveing a reasonable opportunity of being heard to the party, examine such instrument whether any duty is chargeable, or any duty is less levied, thereon and order the recovery of the deficit duty, if any, from the concerned party. An endorsement shall thereafter be made on the instrument after payment of such deficit duty.
2. (2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector under section 31 or sub-section (2) of section 37 and such copy or abstract shall be deemed to be the original instrument for the purposes of this section.]

[(1) The Chief Controlling Revenue Authority may state any case--

1. (a) referred to it under sub-section (2) of section 53;
2. (b) on an application made to it by the party interested, within the period which in the opinion of the Authority is reasonable, raising a substantial question of law for referring the same; or
3. (c) otherwise coming to its notice; and refer such case formulating the precise question with its own opinion thereon, to the High Court.]

1. (2) Every such case shall be decided by not less than three Judges of the High Court and in case of difference, the opinion of the majority shall prevail.

If the High Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions reaised thereby, the High Court may refer the case back to the Revenue Authority by which it was stated to make for such additions thereto or alterations therein as the High Court may direct in that behalf.

1. (1) The High Court upon the hearing of any such case shall decide the question raised thereby, and shall deliver its judgement thereon containing the grounds on which such decision is founded.
2. (2) The High Court shall sent to the Revenue Authority, by which the case was stated a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue Authority shall, on receiving such copy 2[pass such orders as are necessary for disposal of the case comfortably to such judgment.]

1. (1) If any Court, other than the High Court, feels doubts as to the amounts of duty, to be paid in respect of any instrument under clause (a) of the proviso to section 34, the Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court.
2. (2) The High Court shall deal with the case as if it had been referred under section 54, and send a copy of its judgement under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue Authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgement.
3. (3) Reference made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any Subordinate Revenue Court, shall be made through the Court immediately superior.

3[(4) Without prejudice to the provisions of section 58, no Court shall take action under this section, (a) where the instrument has already been impounded or a penalty is levied in respect thereof under clause (a) of the proviso to section 34: or

1. (b) in the case to which section 35 applies.]

1. (a) Any person appointed to sell stamps who disobeys any rule made under section 69 and 1[(b) any person not so appointed, who carries on business of dealing in stamps other than adhesive stamps of twenty paise or of lesser value] shall, on conviction, be punished with 2[rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which may extend to five thousand rupees].

1. (1) Any person who, before date of commencement of the Maharasthra Tax Laws (Levy, Amendment and Validation) Act, 1997 (hereinafter, in this section, referred to as "the said date"), has collected or any time after the said date collects, duty from any person, any sum purporting to be towards the payment of stamp duty, shall within 120 days from the said date or, as the case may be, within 30 days from the date of collection of such amount, remit the same in Government Treasury or General Stamp Office, Mumbai, or any other place as the State Government may, by notification in the Official Gazette, specify in this behalf.
2. (2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than one month but which may extend to six months and with a fine which may extend to five thousand rupees.]

1. (1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed shall be instituted without the sanction of the Collector or such other officer as the State Government generally, or the Collector specially, authorises in that behalf.
2. (2) The Chief Controlling Revenue Authority or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence.
3. (3) The amount of any such composition shall be recoverable in the manner provided by section 46.

(Deleted by Mah. 27 of 1985, section 44).

[66. Every offence under this Act committed in respect of any instrument may be tried in any district or a metropolitan area in which such instrument is executed or found or where such offence is triable under the Code of Criminal Procedure, 1973].

67. Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing [by the State Government or] by the Collector to inspect for such purpose, the register, books, papers, documents and proceedings and to take such notes and extracts as he may deem necessary without fee or charge [and, if necessary, to seize and impound them under section 33].

67A. (1) Any such individual, institution, organisation, company or a body responsible for creating, executing, maintaining, recording, verifying an instrument chargeable with duty as may be notified by the State Government in the Official Gazette, shall, when called upon by any officer specifically authorised by the Chief Controlling Revenue Authority in this behalf, furnish information in the form and within the time limit specified by the Chief Controlling Revenue Authority. (2) Any such individual, institution, organisation, company or a body responsible to furnish the information under sub-section (1) fails to furnish the same within the specified time, the Chief Controlling Revenue Authority or any other officer authorised by him in this behalf, direct such defaulter to pay by way of penalty, a sum not less than rupees five hundred but which may extend to rupees ten thousand for each failure.

68. Any officer not below the rank of Collector having sufficient reason to believe that, it is necessary to inspect or call for any registers, books, records including a diskette, magnetic cartridge tape, CD-ROM or any other computer readable media or any electronic record mentioned under clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000, papers, documents, instruments or proceedings which may lead to the discovery of any fraud or omission in relation to any duty, shall, at all reasonable times may himself or through any officer authorised by him in this behalf, who shall be not below the rank of Gazetted Group–B officer or Sub-Registrar, Grade-I appointed under the Registration Act, 1908 or Inspector of Stamps, enter in any premises and inspect the same in the custody of any person, office, firm or any other entity and take such notes and extracts as he may deem necessary, without payment of any fee or charge, and if necessary, seize and impound only the chargeable documents as per the provisions of section 33

“68A. If any person prevents or obstructs entry of any officer authorised under section 68 or fails to give any reasonable assistance to him, he shall, on conviction, be punished with imprisonment for a term which shall not be less than one month, but which may extend to six months and with fine which may extend to rupees five thousand.”

69. (1) The State Government may, by notification in the Official Gazette, make rules to carry out generally the purposes of this Act, and such rules may provide that a breach thereof shall, on conviction, be punished with fine not exceeding five hundred rupees.

1. (2) Without prejudice to the generality of the powers conferred by sub-section (1), and in particular such rules [may regulate, or provide for all or any of the following matters, namely] :, (a) the supply, sale and use of stamps and stamped papers;
   • (b) the persons by whom alone such sale is to be conducted [* * *]
   • (c) the duties and remuneration of such persons [* * *] [(d) the manner of ascertaining the true market value of immoveable property;] [(e) the procedure for suo motu revision proceedings ; and
   • (f) the amount to be deducted from the allowance of stamps under sections 47, 50, 51 or 52 :] Provided that, such rules shall not restrict the sale of adhesive stamps of twenty paise or of lesser value.
2. (3) all rules made under this Act shall be made subject to the condition of previous publication in the Official Gazette. [Provided that, if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the condition of previous publication of any rule to be made under this section.]
3. (4) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification. have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

70. In determining the amount of duty payable, or of the allowance to be made under this Act, any fraction of ten paise equal to or exceeding five paise shall be rounded off to the next ten paise, and fraction of less than five paise shall be disregarded.]

71. [Publication of rules.] (Deleted by Mah. 27 of 1985, s. 48)

72. The State Government may by notification in the Official Gazette delegate, (a) all or any of the powers conferred on it by sections 2(f), 33(3)(b), 64, [and 69] to the Chief Controlling Revenue Authority; and

1. (b) all or any of the powers conferred on the Chief Controlling Revenue Authority by sections 44, 53(1) and 64(2) to such subordinate Revenue authority as may be specified in the notification.

Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees.

[Deleted by Mah. 27 of 1985, s. 49]

15. Amendment of section 52A of LX of 1958

1. (a) in sub-section (1), for the words “one lakh” the words “five lakhs” shall be substituted ;
2. (b) in sub-section (2), for the words “ten lakhs” at both the places where they occur, the words “twenty lakhs” shall be substituted. 16. Insertion of section 67A in LX of 1958 After section 67 of principal Act, the following section shall be inserted, namely :, “67A. (1) Any such individual, institution, organisation, company or a body responsible for creating, executing, maintaining, recording, verifying an instrument chargeable with duty as may be notified by the State Government in the Official Gazette, shall, when called upon by any officer specifically authorised by the Chief Controlling Revenue Authority in this behalf, furnish information in the form and within the time limit specified by the Chief Controlling Revenue Authority.

1. (2) Any such individual, institution, organisation, company or a body responsible to furnish the information under sub-section (1) fails to furnish the same within the specified time, the Chief Controlling Revenue Authority or any other officer authorised by him in this behalf, direct such defaulter to pay by way of penalty, a sum not less than rupees five hundred but which may extend to rupees ten thousand for each failure.” 17. Substitution of section 68 of LX of 1958 “68. Any officer not below the rank of Collector having sufficient reason to believe that, it is necessary to inspect or call for any registers, books, records including a diskette, magnetic cartridge tape, CD-ROM or any other computer readable media or any electronic record mentioned under clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000, papers, documents, instruments or proceedings which may lead to the discovery of any fraud or omission in relation to any duty, shall, at all reasonable times may himself or through any officer authorised by him in this behalf, who shall be not below the rank of Gazetted Group–B officer or Sub-Registrar, Grade-I appointed under the Registration Act, 1908 or Inspector of Stamps, enter in any premises and inspect the same in the custody of any person, office, firm or any other entity and take such notes and extracts as he may deem necessary, without payment of any fee or charge, and if necessary, seize and impound only the chargeable documents as per the provisions of section 33 ”. 18. Insertion of section 68A in LX of 1958 “68A. If any person prevents or obstructs entry of any officer authorised under section 68 or fails to give any reasonable assistance to him, he shall, on conviction, be punished with imprisonment for a term which shall not be less than one month, but which may extend to six months and with fine which may extend to rupees five thousand.”. 19. Amendment of section 72 of LX of 1958 “(a-a) powers conferred on it by clause (b) of section 9, to the Additional Controller of Stamps, Mumbai or any other officer; and.”. 20. Amendment of SCHEDULE I of LX of 1958
2. (1) in Article 1,-
   • (A) in clause (1), in sub-clause (d), in column 2, for the words “One rupee subject to a maximum of one hundred rupees” the figures and words “0.01 per cent. of the amount or value of such debt” shall be substituted;
   • (B) in clause (2), in column 2, for the words “One rupee for every rupees one hundred or part thereof” the words “One per cent.” shall be substituted;
3. (2) for Article 2, the following Article shall be substituted, namely:-

“2. ADMINISTRATION BOND including a bond given under section 6 of the Government Savings Banks Act, 1873 or the Indian Succession Act, 1925. Five hundred rupees.”;

1. (3) in Article 3, in column 2, for the words “Two hundred rupees” the words “One thousand rupees” shall be substituted;
2. (4) in Article 5,-
   • (A) in clause (g-d)-
     • (I) in sub-clause (i),-
   • (a) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
   • (b) in entry (B),-
     • (i) in sub-entry (1), in column 2, for the words “Two hundred rupees” the words “Two hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted;
     • (ii) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
     • (II) in sub-clause (ii),-
     • (i) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
     • (ii) in entry (B),-
   • (a) in sub-entry (1), in column 2, for the words “One hundred rupees” the words and figures “One hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted;
   • (b) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
     • (III) in sub-clause (iii),-
   • (a) in entry (A), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
   • (b) in entry (B),-
     • (i) in sub-entry (1), in column 2, for the words “Fifty rupees” the words and figures “Fifty rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher” shall be substituted;
     • (ii) in sub-entry (2), in column 2, for the words and figures “The same duty as is payable under Article 60” the words and figures “The same duty as is payable under Article 36 (iv)” shall be substituted;
   • (B) in clause (h), in sub-clause (A),-
     • (i) in entry (i),-
     • (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted;
     • (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted;
     • (ii) in entry (ii),-
     • (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on ” the figures and words “0.25 per cent. of” shall be substituted;
     • (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted;
     • (iii) in entry (iii),-
     • (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted;
     • (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on” the figures and words “0.5 per cent. of” shall be substituted;
     • (iv) in entry (iv),-
     • (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted;
     • (ii) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the figures and words “0.2 per cent. of” shall be substituted;
     • (v) in entry (v),-
     • (I) in sub-entry (a), in column 2, for the words and figures “Two rupees and fifty paise for every rupees 1,000 or part thereof on” the figures and words “0.25 per cent. of” shall be substituted;
     • (II) in sub-entry (b), in column 2, for the words and figures “Five rupees for every rupees 1,000 or part thereof on ” the figures and words “0.5 per cent. of” shall be substituted;
     • (vi) in entry (vi),-
     • (i) in sub-entry (a), in column 2, for the words and figures “One rupee for every rupees 1,000 or part thereof on” the figures and words “0.1 per cent. of” shall be substituted;
     • (II) in sub-entry (b), in column 2, for the words and figures “Two rupees for every rupees 1,000 or part thereof on” the words and figures “0.2 per cent. of” shall be substituted;
3. (5) in Article 6,-
   • (A) in clause (1),-
     • (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted;
     • (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the words and figures “0.2 per cent. of” shall be substituted;
   • (B) in clause (2),-
     • (i) in sub-clause (a), in column 2, for the words “One rupee for every one thousand or part thereof for” the figures and words “0.1 per cent. of” shall be substituted;
     • (ii) in sub-clause (b), in column 2, for the words and figures “Two rupees for every 1000 or part thereof, for” the figures and words “0.2 per cent. of” shall be substituted;
     • (iii) after Explanation I, the following Explanation shall be inserted, namely:- “Explanation II.- For the purposes of this Article, any new instrument executed for additional loan or extension of previous loan shall be treated as a fresh instrument and chargeable with the duty to the extent of additional amount being secured or disbursed or sanctioned.”;
4. (6) in Article 7, -
   • (i) in clause (a), in column 2, for the words “One hundred rupees” the words “One thousand rupees” shall be substituted;
   • (ii) in clause (b), in column 2, for the words “Two hundred and fifty rupees” the words “One thousand rupees” shall be substituted;
5. (7) in Article 8, in column 2, for the words, brackets and figures “Same duty as per Bond (Article 13) subject to maximum of one hundred rupees” the words “One hundred rupees” shall be substituted;
6. (8) in Article 10, in column 2, for the words and figures “One thousand rupees for every rupees 5,00,000 or part thereof,” the figures and words “0.2 per cent. on share capital or increased share capital, as the case may be” shall be substituted;
7. (9) for Article 12, the following Article shall be substituted, namely:-

“12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, on a reference made otherwise than by an order of the Court in the course of a suit, 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 partition. Five hundred rupees.”;

1. (10) in Article 13, (a) in column 1, the words “for every rupees five hundred or part thereof” shall be deleted;
   • (b) in column 2, for the words “Five rupees, subject to a minimum of rupees one hundred” the words “One per cent. of amount of Bond, subject to a minimum of rupees five hundred” shall be substituted;
2. (11) in Article 14, in column 2, for the words and figures “Same duty as a Bond (Article 13) for the same amount” the figures and words “One per cent. of the amount of Bond, subject to a minimum of rupees five hundred” shall be substituted;
3. (12) in Article 15, in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
4. (13) in Article 17, in column 2, for the words “One rupee for every one thousand rupees or a part thereof,” the figures and words “0.1 per cent.” shall be substituted;
5. (14) in Article 18, in column 2, for the words “One hundred rupees” the word “Five hundred rupees” shall be substituted;
6. (15) in Article 24, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted;
7. (16) in Article 25, for clause (a), the following clause shall be substituted, namely:-

“(a) if relating to movable property 3 per cent. of the market value of the property.”;

1. (17) for Article 28, the following Article shall be substituted, namely:-

“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 thereto. Five hundred rupees.”;

1. (18) in Article 34, in column 2, after the existing proviso, the following proviso shall be added, namely:- “Provided further that, if the residential and agricultural property is gifted to husband, wife, son, daughter, grandson, grand-daughter, wife of decesed son, the amount of duty chargeable shall be rupees two hundred.”;
2. (19) in Article 35, in column 2, for the words “Two hundred rupees” the words “Five hundred rupees” shall be substituted;
3. (20) in Article 39, -
   • (i) in clause (a), in column 2, for the words “Two hundred rupees” the words “One thousand rupees” shall be substituted;
   • (ii) in clause (b), in column 2, for the portion beginning with the words “The same duty” and ending with the words “share capital of the company” the figures and words “0.2 per cent. according to the share capital of the company, subject to minimum of rupees one thousand and maximum of rupees 50,00,000” shall be substituted;
4. (21) in Article 40, -
   • (i) in clause (b), in column 2, for the words “Five rupees for every one thousand or part thereof for” the figures and words “0.5 per cent. of” shall be substituted;
   • (ii) in clause (c), in column 2, for the words and figures “The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred” the words “Five hundred rupees” shall be substituted;
5. (22) in Article 45,-
   • (i) in clause (a),-
   • (A) in column 1, the words, letters and figures “for every Rs.1,000 or part thereof.” shall be deleted;
   • (B) in column 2, for the words “Ten rupees” the words “One per cent. of amount of payment under order” shall be substituted;
     • (ii) for clause (b), the following clause shall be substituted, namely :, “(b) where payable at more than one year after date or sight. Two per cent. of amount of payment under order.”;
6. (23) in article 46, in column 2, for the words “Rupees Ten for every rupees five hundred or part thereof” the words “Two per cent.” shall be substituted;
7. (24) for Article 47, the following Article shall be substituted, namely:- “47. PARTNERSHIP, (1) Instrument of any partnership inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind-
   • (a) where there is no share of contribution in partnership, or where such share contribution brought in by way of cash does not exceeds 50,000. Five hundred rupees.
   • (b) where such share contribution brought in by way of cash is in excess of rupees 50,000. One per cent. of the amount of share contribution subject to maximum of rupees fifteen thousand.
   • (c) where such share contribution is brought in by way property, excluding cash. The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property.
8. (2) Dissolution of partnership or retirement of partner inclusive of, Limited Liability Partnership and Joint Venture to run a business, earn profits and to share profits, whether in cash or in kind-
   • (a) where on dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership. The same duty as is leviable on a Conveyance under clause (a), (b) or (c), as the case may be, of Article 25, on the market value of such property, subject to a minimum of rupees one hundred.”;
9. (25) in Article 48, (i) in clause (a), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
   • (ii) in clause (b), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
   • (iii) in clause (c), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
   • (iv) in clause (d), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
   • (v) in clause (e), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
   • (vi) in clause (f), in sub-clause (ii), in paragraph (a), for the words “grandson, grand-daughter or such other close relative” the words “son, grandson, granddaughter or father, mother, brother or sister of the spouse” shall be substituted”;
   • (vii) in clause (h), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
10. (26) for Article 51, the following Article shall be substituted, namely :, “51. RECONVEYANCE OF MORTGAGE PROPERTY Five hundred rupees.”;
11. (27) in Article 52 , in column 1, in clause (a), after the words “above relations” the words “without consideration in any form” shall be added;
12. (28) in Article 53, in column 2, for the words, brackets and figures “Same duty as a Bond (Article 13) for the amount of the loan secured” the figure and words “One per cent. of the amount of the loan secured, subject to a minimum of rupees five hundred” shall be substituted;
13. (29) for Article 54, the following Article shall be substituted, namely :, “54. SECURITY BOND OR MORTGAGE DEED, where such security bond or mortgage deed is executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or by a surety to secure the due performance of a contract, or in pursuance of an order of the court or a public officer, not being otherwise provided for by the Maharashtra Court-fees Act. 0.5 per cent. for the amount secured by such deed subject to the maximum of ten lakh rupees: Provided that, where on an instrument executed by a person for whom a person stands surety and executes security bond or a mortgage deed, duty has been paid under article 40, then the duty payable shall be one hundred rupees. Exemptions Bond or other instrument, when executed,-
    • (a) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem;
    • (b) under the rules made by the State Government under section 114 of the Maharashtra Irrigation Act, 1976;
    • (c) by a person taking advance under the Land Improvement Loans Act, 1883 or the Agriculturists Loans Act, 1884 or by their sureties as security for the repayment of such advances;
    • (d) by officers of the Government or their sureties to secure the due execution of an office or due accounting for money or other property received by virtue thereof.”;
14. (30) in Article 55, -
    • (i) in clause (A), in sub-clause (i), in column 2, for the words “Ten rupees for every rupees five hundred or part thereof of” the words “Two per cent. of” shall be substituted;
    • (ii) in clause (B),-
    • (a) in sub-clause (i), in column 2, for the portion beginning with the words “The same duty” and ending with the words “but not exceeding two hundred rupees” the words “Five hundred rupees” shall be substituted;
    • (b) in sub-clause (ii), in column 2, for the portion beginning with the words “The same duty” and ending with the words “but not exceeding two hundred rupees” the words “Five hundred rupees “ shall be substituted.
15. (31) in Article 59, -
    • (i) in clause (a), in column 2, for the words and figures “Fifty paise for every rupees 100 or part thereof” the figures and words “0.5 per cent.” shall be substituted;
    • (ii) in clauses (b), (c) and (d), in column 2, for the portion beginning with the words “The same duty” and ending with the words “subject to a maximum of two hundred rupees” the words “Five hundred rupees” shall be substituted.
16. (32) in Article 60, in column 2, for the portion beginning with the words “The same duty” and ending with the words “which is subject matter of transfer” the following portion shall be substituted, namely:- “The same duty as is leviable on lease under clause (i), (ii), (iii) or (iv), as the case may be, of Article 36, for the remaining period of lease”;
17. (33) in Article 61, -
    • (i) in entry (A),-
    • (I) in sub-entry (a), in sub-clause (i), in column 2, for the words “Ten rupees for every rupees five hundred or part thereof” the words “Two per cent.” shall be substituted;
    • (II) in sub-entry (b),-
    • (a) in sub-clause (i), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted;
    • (b) sub-clause (ii), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted;
      • (ii) in entry (B), in column 2, for the portion beginning with the words “The same duty” and ending with the words “two hundred rupees” the words “Five hundred rupees” shall be substituted.
18. (34) in Article 63,-
    • (i) in clause (a), in column 2, for the words “One hundred rupees” the words “Five hundred rupees” shall be substituted;
    • (ii) in clause (b), in column 2, for the portion beginning with the words “One hundred rupees” and ending with the words “maximum of rupees five lakh” the words and figures “Five hundred rupees plus 0.1 per cent. of the amount above rupees ten lakh subject to maximum of rupees twenty-five lakhs” shall be substituted.