The Indian Stamp Duty (Nagaland Amendment) Act, 1989

Description of Instrument

(1)

I. ACKNOWLEDGMENT of debt exceeding twenty rupees in amount or value, written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a bankers pass-book)

or on a separate piece of paper

when such book or paper is left in the creditor’s possession: provided that such acknowledgment does not contain any promise to pay the debt

2. ADMINISTRATION-BOND in

cluding a bond given under section 6 of the Govt. Savings Banks Act, 1875, or section 291 or section 375

or section 376 of the Indian Suc

cession Act, 1925.

1. (a) Where the amount does not The same duty as a Bond

exceed Rs. 1000/- Duty No. 15 for such

amount.

1. (b) In any other case. Thirty rupees.

3. ADOPTION-DEED, that is to say,

any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt. Sixty rupees

4. AFFIDAVIT, including an affirma

tion or declaration in the case of persons by law allowed to affirm or

declare instead of swearing. Ten rupees

Exemptions

Affidavit or declaration in writing when made

1. (a) as a condition of enlistment under the Indian Army Act,1950.
2. (b) for the immediate purpose of being field or used in any Court or before the Officer of any Courier.
3. (c) for the sole purpose of enabling any person to receive any Pension or charitable allowance. 5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT
4. (a) if relating to the sale of a bill of exchange. One rupee
5. (h) if relating to the sale of a Govt. Subject to a maximum of

Security eighty rupees and fifty

paisa for every Rs. 10,000/- or part thereof bf the value of the Security.

1. (c) if relating to the purchase or sale of shares, scripts, stocks bonds, debentures, debenture stocks or any other marketable Security of a like nature in or of any incorporated company or other body corporate
   • (i) When such agreement or One rupees for every Rs.

(Regulation) Act, 1956.

Description of Instrument

1. (ii) in other cases Two rupees for every Rs. 500/- or part thereof of the security at the time of its purchase or sale, as the case may be.

1. (d) if executed for service or for performance of work in any estate whether held by one per son, or more persons, than one as co-owners, and whether in one or more blocks, and situated in Assam/Meghalaya where the advance given under such agreement does not ex ceed fifty rupees. One rupee
2. (e) if not otherwise provided for Four rupees Exemptions Agreement or memorandum of agreement
3. (a) for or relating to the sale of goods or merchandise exclusively, not being a note or memorandum chargeable under No. 43:
4. (b) made in the form of tenders to the Government of India for or relating to any loan AGREEMENT TO LEASE See Lease (No. 35) 6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWNS OR PLEDGE, that is to say, any instrument evidencing an agreement relating to

1. (1) the deposit of title deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security) or

(2j the pawn or pledge of movable property where such deposit, pawn or pledge has been made byway of security for the repay-

ment of money advanced or to be advanced by way of loan or an existing or future debt (a)if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement if the amount of loan does not exceed Rs. 500/ if it exceeds Rs. 500/- and not Five rupees if the amount exceed Rs. 1000/- and for every of loan does not exceed Rs. 1000/- or part thereof in Rs. 500/-; Ten rupees if excess of Rs. 1000/- the amount exceed Rs. 500/- but does not exceed

Rs. 1000/- Ten rupees for every Rs. 1000/- or part thereof in excess of Rs. 1000/- (b)if such loan or debt repayable Half the duty payable not more than three months under subclause (a) from the date of such instrument Exemptions Instrument of pawn or pledge of good if unattested. 7. APPOIINTMENT, IN EXECUTION OF A POWER Whether of trustees or a property, movable or immovable, where made by any writing not being a will

1. (a) Where the value of the proper

ty does not exceed Rs. 1000/- Fifty rupees

1. (b) in any other case Ninety rupees

1. (a) where the amount does not exceed Rs. 1000/-

Description of Instrument Proper Stamp Duty

1. (h) in any other case Twenty four rupees seven ty-five paise Exemptions
2. (a) Appraisement or valuation made for the information of one party only and not being ill any manner obligatory be- tween parties either by agree- ment or operation of law. (b)Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

tice, clerk or servant placed with any master to learn any profession, trade or employment.

Exemptions Instruments of apprenticeship executed by a Magistrate under the apprentices Act, 1961, or by which a person is apprenticed by or at the charge of any public charity. 10. ARTICLES ()F ASSOCIATION OF A COMPANY

1. (a) Where the company has no Sixty-one rupees ninty

share capital or the normal paise.

share capital does not exceed Rs. 2,500/-

1. (b) Where the nominal share capi- Eighty two rupees fifty

tal exceeds Rs. 2,500/- but does paise.

not exceed Rs. 5,000/-

1. (c) Where the nominal share capi- One hundred twenty three

tal exceeds Rs. 5,500/- but does rupees seventy five paise..

not exceeds 1,00,000

1. (d) Where the nominal share capi- Two hundred forty seven

tal exceeds Rs. 1,00,000/- rupees fifty paise.

Exemptions Articles of any association not formed for profit and registered under section25 of the Companies Act, 1956, See also Memorandum of Association of a Company (No.39)

ASSIGNMENT - See conveyance (No. 23) transfer (No. 62) and transfer of lease (No. 63) as the case may be. ATTORNEY-See adoption-deed (No. 3)

one hundred twenty three rupees seventy five paise.

15. BOND (as defined by section 2 (5) Forty five paise

not being a DEBENTURE (No.

27) and not being otherwise provided for by this Act, or by

the Court fees Act, 1870- Where the amount or value secured does not exceed Rs. 10/

Where is exceeds Rs. 10/— and Eighty-two paise

does not exceed Rs. 50/—

Where it exceeds Rs. 50/- and One Rupee sixtyfive paisa

does not exceed Rs. 100/

Where it exceeds Rs. 100/ — and Four rupees and ten paise

does not exceed Rs. 200/—

Description of Instrument Proper Stamp Duty Six

See Administration— Bond (No. 2), Bottomry Bond (No. 16), Customs Bond (No. 26), Indemnity Bond (No. 34), Respondentia Bond (No. 56), Security Bond Bond (No. 57)

Exemptions Bond, when executed by

1. (a) headman nominated under rules framed in accordance with the Bengal Irrigation Act 1876, section 99, for the due performance of their duties under that Act;
2. (b) any person for the purpose of guaranting that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not he less than a specific sum per mensem

of a seagoing ship borrows money on the security of the ship to enable to preserve the ship or prosecute her voyage.

17. CANCELLATION-Instrument of

(including any instrument by which any instrument previously executed is cancelled) if attested and not

otherwise provided for, See also Twenty four rupees and

release (No. 55) Revocation of Set

tlement (No. 58-B) Surrender of seventy five paise

Lease (No. 61), Revocation of trust (No. 64-B)

18. CERTIFICATE OF SALE

(in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by a public auction by a Civil or Revenue Court, or Collector or other Revenue Officer

1. (a) Where the purchase-money Seventy paise does not exceed Rs. 10/—
2. (b) Where the purchase-money One rupee thirty paise exceeds Rs. 10/— but not exceed Rs. 25/ —
3. (c) in any other case The same duty as a con veyance (No.23) for a con sideration equal to the amount of the purchase money only.

19. CERTIFICATE OR OTHER Forty-five paise

DOCUMENT, evidencing the right or title of the holder thereof or any other person either to any share, script or stock in or of any inco rporated company or other body cor porate or to become proprietor of share, script or stock in or any such company or body. See also Letter of Allotment of shares (No. 36).

agreement for the hire of a tug steamer)whereby a vessel or some specified principal part thereof is

let for the specified purposes of the

character, whether it includes a penalty clause or not.

debtor, whereby he conveys his property

for the benefit of his creditors, or

Whereby payment of a composition

or dividend on their debts is secured to the creditors or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of license, for the benefit of his creditors. 23. CONVEYANCE (as defined by sec tion 2(10) not being a transfer charged or exempted under No. 62 : —

as set forth therein does not exceed Rs. 50/

Where it exceeds Rs. 50/- but does Four rupees and fifty paise

not exceed Rs. 100/

Where it exceeds Rs. 100/- but Nine rupees

does not exceed Rs. 200/—

does not exceed Rs. 400/

does not exceed Rs. 600/-

does not exceed Rs. 800/

does not exceed Rs. 1000/—

thousand rupees.

thousand rupees

thousand rupees

Provided that where the “instrument” or the conveyance is in respect of an Industrial Loan, certified as such by the Director of

Industries, Nagaland the stamp duty shall be half of the above rate.

Description of Instrument Proper Stamp Duty

Exemptions Assignment of copyright under the Indian Copyright Act, 1957.

CO-PARTNERSHIP-DEED — See Partnership (No. 46) 23. COPY OR EXTRACT Certified to be true copy or extract by or order of any public officer and not chargeable under the law for the time being in force relating to court-fees : —

1. (i) if t he original was not charge— Two rupees and fifty paise able with duty with which it was chargeable does not exceed one rupee;
2. (ii) In any other case not falling Four rupees and ninety

within the provisions of section five paise

6- A. Exemptions

1. (a) Copy of any paper which a public officer is expressly re quired by law to make or fur nish for record in any public office or for any public pur pose.
2. (b) Copy of, or extract from any register relating to births, hap tisms, namings, dedications, marriages, divorces, deaths or burials.

24. COUNTERPART OR DUPLICATE

of any instrument chargeable with duty and in respect of which the proper duty has been paid : —

1. (a) ‘if the duty with which the The same duty as is pay-

original instrument is charge- able on the original.

able does not exceed two rupees;

1. (b) in any other case not falling Four rupees and ninety

within the provisions of sec- five paise

tion 6-A Exemptions Counterpart of any lease granted to a cultivator when such lease is exempted from duty

25. Customs Bond

1. (a) where the amount does not The same duty as a Board

exceed Rs. 1,000/— (No. 15) for such amount

1. (b) In any other case Thirty three rupees Forty Paise 26.DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees. DEPOSIT OF TITLE DEEDS :— See Agreement relating to Deposit of Title Deeds, Pawn or Pledge (No. 6) DISSOLUTION OF PARTNERSHIP, See Partnership (No. 46)

person effects the dissolution of his marriage. DOWER — Instrument of, see Settlement. (No. 58) Sixteen rupees and fifty paise. DUPLICATE —See Counterpart (No. 25).

sideration equal to the value of the property of greatest value as set forth in such instrument EXTRACT —See Copy (No. 24) 32. FURTHER CHARGE —Instru ment of, that is to say, any instrument imposing a further charge on mortgaged property —

1. (a) When the original mortage is The same duty as a Con

(that is with possession); further charge secured by

such instrument.

1. (b) when such mortgage is one of the description referred to in clause (b) of Article No.40 (that is with — Out procession) —
   • (i) if at time the of execution of The same duty as a Con-

charge already made), less the duty already paid on such original mortgage any further charge.

1. (ii) if possession is not so given. The same duty as a bond (No. 15) for the amount of the further charge secured by such Instru ment.

of the property as set forth in such instrument.

34. INDEMNITY BOND INSPEC TORSHIP DEED, See Composi tion Deed (No.22) 35. LEASE, including an underlease and any agreement to let or sublet —

1. (a) where by such lease the rent is fixed and no premium is paid or delivered —
   • (i) where the lease purports to be The same duty as Bond

deliverable under such lease

1. (iii) where the lease purports to be The same duty as a Con-

amount or value of the average annual rent reserved.

1. (iv) where the lease purports to be The same duty as a con-

the amount or value of the average annual rent reserved.

1. (vi) where the lease purports to be The same duty as a Con-

of the average annuals rent reserved.

1. (vi) where the lease purports to be The same duty as a Con-

of the average annual rent reserved.

1. (vii) where the lease purports to be The same duty as a Con-

solely for agricultural pur poses to one-tenth and in any other case to one sixth of the whole amount of rents which would he paid or delivered in respect of the first fifty years of the lease.

1. (viii) where the lease does not pur- The same duty as a Con-

times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease con tinued so long.

1. (b) where the lease is grante4 for The same duty as a Con-

fine or premium or ad vance as set forth in the lease.

1. (c) where the lease is granted for The same duty as a Con-

fine or premium, or ad vance as set forth in the lease in addition to- the duty which would have been payable on such lease if, no fine or premium or advance had been paid or delivered.:

Provided that in any case when an agreement to lease is stamped with the- ad valorem stamp required for a lease and a lease inpursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee and thirty paise.

Exemption Lease executed in the case of a cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drink), without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with homestead or tank.

EXPLANATION— When a lessee undertakes to pay any recurring charge, such as Government revenue the landlord’s share of cases, or the owner’s share of municipal rates of taxes which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall he deemed to he part of the rent.

36. LETTER OF ALLOTMENT OF Forty-five paise

SHARES, in any company or proposed company, or in respect of any loan to he raised by any company or proposed company. See also CERTIFICATE or other document (No. 19).

his creditors that the latter shall, for a specified time suspend their claims and allow the debtor to carry on business at his own discretion.

39. MEMORANDUM OR ASSOCIATION OF A COMPANY :—

1. (a) if accompanied hy articles of Ninety-nine rupees. association under Section 26 of the Companies Act, 1956;
2. (b) if not so acompanied —
   • (i) where the nominal snare Two hundred forty seven

capital does not exceed One rupees and fifty paise.

lakh of rupees;

1. (ii) where the nominal share Four hundred twelve

capital exceeds one lakh of rupees and fifty paise.

rupees.

Exemption Memorandum of any association not formed for profit and registered under Section 25 of the Companies Act 1965. 40. MORTGAGE DEED, not being an Agreement relating to Deposit of Title-deeds, Pawn or Pledge (No. 6). Bottomry Bond (No. 16). Mortgage of a Crop (No. 41) Respondentia Bond (No. 56), or Security Bond (No. 57)—

1. (a) when possession of the proper- The same duty as a Con

1. (b) when possession of the proper- The same duty as a Bond

agreed to he given; EXPLANATION :—A mortgagee a who gives to the mortgaged a power-of-attorney to collect rents

or a lease of the property mortgaged

or part thereof is deemed to give possession within the meaning of this article;

1. (c) (i) when a collateral or auxiliry Two rupees and fifty paise. or additional or substituted security, or by way of further assurance for the above men tioned purpose where the prin cipal or primary security is duly stamped for every sum secured not exceeding Rs. 1,000
   • (ii) and for every Rs. 1,000 or part Three rupees. thereof secured in excess of Rupees 1,000’ Exemptions

1. (1) Instruments executed by per sons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturtsts’ Loans Act, 1884, or by their sureties as security for the repayment of such advance.
2. (2) Letter of hypothecation ac companying a bill of exchange..

41. MORTGAGE OF A CROP,: including

any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage.

1. (a) when the loan is repayable not Forty-five paise more than three months from the date of the instrument —for every sum secured not exceeding Rs. 200; and for every Rs. 200, or part thereof secured in excess of Rs. 200.
2. (b) when the loan is repayable Sixty paise. more than three months, but not more than eighteen months from the date of instrument —

for every sum secured not ex- Seventy paise.

ceeding Rs. 100; and

for every Rs. 100, or part there Seventy paise.

of secured in excess of Rs 100. 42. NOTARIAL ACT, that is to say, any instrument, endorment, note, attestation, certificate, or entry not, being a PROTEST (No. 50 made or signed by a Notary Public in the execution of the duties of his office or by any other person lawfully acting as a Notary Public. See also

Protest of Bill or Note (No. 50). Four rupees and ninety

five paise. 43. NOTE OR MEMORANDUM, sent by a Broker or Agent to his principal intimating the purchase or sale on account of such principal—

1. (a) of any goods exceeding in value Eighty paise. twenty rupees;
2. (h) of any stock or marketable Ninety paise for every Rs.

security subject to a max imum of forty-nine rupees and fifty paise.

See also Protest by the Master of a Ship (No. 51) ORDER FOR THE PAYMENT OF MONEY See Bill of exchange (No. 13). 45. PARTITION—Instrument of (as The same duty as a Bond defined by section 2 (15). (No. 15) for the amount of the value of the separated share or shares of the property. N.B. —. The largest share remaining after the property is partitioned (or if there are two or more

shares of equal value and not smaller than any of the other share, then one of such equal shares) shall be deemed to he that from which the other shares are separated; Provided always that —

1. (a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, hut shall not he less than. Two rupees and twenty paise.
2. (b) where land is held on settlement for a period not exceeding thirty years and paying the full assessment the value for the purpose of duty shall be calculated at not more than five times the annual revenue;
3. (c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order or award is subsequently executed the duty on such instrument shall not exceed three rupees and thirty paise.

(No. 15)

1. (a) where the capital of the Sixty-six rupees partnership does not exceed Rs. 1,000.
2. (b) in any other case Thirty-three rupees.

B. Dissolution of— PAWN OR PLEDGE—See

Agreement relatingto deposit of Title deed, PAWN or pledge (No. 6)

48. POWER OF-ATTORNEY-(as defined by Section 2 (21) not being

a proxy—

1. (a) when executed for the sole pur- Two rupees and fifty paise pose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;

(b)when required in suits or Two rupees and fifty paise,

proceedings under the presidency Small Cause Court Act. 1882;

1. (c) when aurthorizing one person Five rupees or more to act in a single transaction other than the case mentioned in Cl (a)
2. (d) when authorizing not more Twenty-four rupees and

than five persons to act jointly seventy—five paise

and severally in more than one transaction or generally;

1. (e) when authorizing more than five but not more- than ten persons to act jointly and

1. (f) when given for considerationn The same duty as a Con-

1. (g) in any other case. Five rupees for each per son authorised.

dian Registration Act 1980.

writing made by a Notary Public or other persons lawfully acting as

such, attesting the dishonour of a

bill exchange or promissory note.

51. PROTEST BY THE MASTER OF Five rupes

A SHIP, that is to say, any decla ration of the particulars of her voyage drawn up by him with a view to the adjusment of losses or the calculation of averages, and every declaration in writing made by him against the characters or consignees for not loading or unloading the ship whensuch declaration is attested or certified by a Notary Public or other person lawfully acting as such. See also Note of Protest by the Master of a ship (No. 44) 4. RECOVEYANCE OF MOR TAGAG;ED PROPERTY (a)If the consideration for which The same duty as a Con— the property was mortgaged veyance (No. 23) for the does not exceed Rs. 1,000; amount of such considera tion as set forth in the recoveyance.

1. (h) in any other case. Forty-nine rupees fifty paise.

5. RELEASE, that is to say any

instrument (not being such a release as is provided for by Section 23-A), whereby a person renounces a claim upon another person or against a ny specified property.

1. (a) if the amount or value of the The same duty as a Bond

release.

1. (b) in any other case. Twenty four rupees seven-
   • • ty five paise.

laden on board a ship and making repayment contingent on thearrival of the cargo at the port of destina tion. REVOCATION OF ANY TRUST ON SETTLEMENT— See Settlement (No. 58) Trust (No. 64) 57. SECURITY BOND OR M(.)R TAAGE DEED, 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 executed by a surety to secure the due performance of a contract —

1. (a) when the amount secure does the same duty as a Bond

not exceed Rs. 1,000. (No. 15) for the amount

secured.

1. (b) in any other ease. Twenty-four rupees and seventy-five paise. Exemptions Bond or other instrument, when executed—
2. (a) by headmen nominated under rules framed in accordance with the Bengal Irrigation Act.1876, Section 99, for the due performance of their duties under that Act;
3. (b) 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 he less than a specified sum per mensem;
4. (c) under No. 3-A of the rules made by the Government of Bombay in Council, under Section 70 of the Bombay Irrigation Act, 1872;
5. (d) executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties, as securely for the repayment of such advances;
6. (e) executed by officers of Govt. or their sureties to secure the due executions of an office, or t he due accounting for money or other properly received by virtue thereof.

equal to the amount or value of the property settled as set forth in such settlement Provided that where an agreement to settle is stamp required for an instrument of settlement, and an instrument of settlement in pursuance ol such agreement is sub- sequently executed, the duty on such instrument shall not exceed one rupee and ninety-five paise.

Exemptions (a ) Deed of dower executed on the occasion of a marriage between Muhamadans

1. (h) Hludassa, that is to say, any settle- -ment of immovable property executed by a Buddhist in Burma for a religious purpose in which no value has been specified and on which duty of Rs. 10 has been paid.

B. Revocation of— - The same duty as a Con

veyance (No. 23) for a sum equal to the amount or value of the property con cerned, as set forth in the instrument of Revocation, but not exceeding forty one rupees and twenty paise. See also Trust (No. 64)

sideration equal to the nominal amount of the share specified in the Warrant.

Exemptions Share warrant when issued by a Company in pursuance of the Companies Act, 1956, Section 144, to have effect only upon payment, as composition for that duty, to the Collector of Stamp revenue of—

1. (a) one-and-a-half per centum of the whole subscribed capital of the Company OR
2. (h) if any company which has paid the said duty or composition in full, subsequently issues and addition to its subscribed capi tal one-and-a-half per centum of the additional capital so is sued.

60. SHIPPING ORDER, for or relating Forty paise.

to the conveyance of goods on board of any vessel.

61. SURRENDER OF LEASE—

1. (a) When the duty with which the The duty with which such

1. (b) in any other case; Twenty-four rupees and Seventy-five paise.

Exemption Transfer of any lease from duty. 64. TRUST— - A. DECLARATION OF—or The same duty as a Bond

a will, the property concerned. as set forth in the instru ment, but not exceeding forty-one rupees and twenty-five paise.

B. REVOCATION OF—or The same duty as a Bond concerning,anypropertywhen (No. 15) for a sum equal

made by any instrument .other to the amount or value of

than will, the property concerned. as set forth in the instru ment, but not exceeding forty-one rupees and twenty-five paise. See also Settlement (No. 58) VALUATION — See Appraisement (No. 8)