GUJARAT STAMP ACT, 1958

Preamble 1 : GUJARAT STAMP ACT, 1958

THE GUJARAT STAMP ACT, 1958

[Act, No. 60 of 1958]1

[11th June, 1958]

PREAMBLE
An Act to consolidate an amend the law relating to stamps and stamp duties in the State of Bombay.

WHEREAS it is expedisent to consolidate and amend the law relating to stamps and rates of stamp duties other than
those in respect of 2 documents specified in entry 91 of List I in the Seventh Schedule to the Constitution of India in
the State of Bombay; It is hereby enacted in the Ninth Year of the Republic of India as follow :-

________________
1. The following documents are specified in entry 91 of list I in 7th Schedule of the C onstitution of India-

2 . Bill of Exchange, 2. C heque, 3. Promissory Note, 4. Bill of Lading, 5. Letter of C redit, 6. Policy of Insurance, 7. Transfer of Share, 8.
Debenture, 9. Proxy, 10. Receipt - the Indian Stamp Act. 1899 (II of 1899) is applicable to these documents.

Section 1 : Short title, extent and commencement

(1) This Act may be called the 2[Gujarat] Stamp Act, 1958.

(2) It extends to the whole of the 1[State of Gujarat].

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, direct.

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________________________

1. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) order, 1960.

2. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay"

Section 2 : Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(a) "Association" means any association, exchange, organization or body of individuals whether incorporated or
not, established for the purpose of regulating and controlling business of the sale or purchase of, or other
transaction relating to, any goods or marketable securities;

(b) "banker" Includes a bank and any person acting as a banker;

(c) "bond" includes,-

(i) any instrument where by a person obliges himself to pay money to another on condition that the
obligation shall be void if a specified act is performed, or is not performed, as the case may be;

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 (ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges
himself to pay money to another; and

(iii) any instrument so attested where by a person, obliges himself to deliver grain or other agricultural
produce to another;

(d) "chargeable' means as applied to an instrument executed or first executed after the commencement of this
Act, chargeable under this Act, and as applied to any other instruments, chargeable under the law in force in the
State when such instrument was executed or, where several persons executed the instrument at different times,
first executed;

1[(dd) " Chief Controlling Revenue Authority" 2means such officer as the State Government may, by notification
in the Official Gazette, appoint in this behalf for the whole or any part of the 3[State of Gujarat];

4[(e) "clearance list" means a list of transactions relating to contracts required to be submitted to the clearing
house of an association in accordance with the rules or bye-laws of the association :

Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it
contains the following declaration signed by the person dealing in such transaction or on his behalf by a
properly constituted attorney, namely :-

"I/We hereby solemnly declare that the above list contains a complete and true statement of
my/our transactions including crossed out transactions and transactions required to be submitted
to the clearing house in accordance with the rules/bye-laws of the Association. I/We further
declare that no transaction for which an exemption is claimed under Article 5 or Article 39 in
Schedule I to the Bombay Stamp Act, 1958, (Bom. LX of 1958) as the case may be, is omitted."

Explanation,- For the purposes of this clause, transaction shall include both sale and purchase.]

(f) "Collector" means 5[* * *] the Chief Officer in charge of the revenue administration of a district, and includes
any officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf;

6[(g) " Conveyance' includes,-

(i) a conveyance on sale,

(ii) every instrument,

(iii) every decree or final order of any civil Court; 7[***]

20[(iv) every order made by the National Company Law Tribunal under section 232 of the Companies Act,
2013 (18 of 2013) in respect of a scheme for reconstruction of the company or companies involving
merger or the amalgamation of any two or more companies and every order made by the Reserve Bank of
India under section 44A of the Banking Regulation Act, 1949 (10 of 1949) in respect of amalgamation or
dissolution of Banking companies, or]

9[(v) any writing or letter of allotment in respect of the premises, given to its members or allottee by a
co-operative society registered or deemed to have been registered under the Gujarat Co-operative
Societies Act, 1961 (Guj. X of 1962), or a corporation or an association formed and registered under the
Bombay Non-trading corporation Act, 1959 (Bom. XXVI of 1959) or the Gujarat Ownership Flat Act, 1973
(Guj. 13 of 1973) as the case may be.]

by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or
vasted in, any other person, inter vivos, and which is not otherwise specifically provided for by Schedule I;

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 Explanation,- For the purposes of this clause, an instrument whereby a co-owner of any property
transfers his interest to another co-owner of the property and which is not an instrument of partition shall
be deemed to be an instrument by which property is transferred inter vivos;]

(h) "duly stamped" as applied to an instrument means that the instrument bears an adhesive or impressed stamp
of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for
the time being in force in the State;

(i) "executed" and "execution" used with reference to instruments, means "signed" and "signature";

18[" Explanation- The terms "signed" and "signature" also include attribution of electronic record as
provided in section 11 of the Information Technology Act, 2000." (21 of 2000)]

(j) "Government securities" means a Government security as defined in the Public Debt Act, 1944 (XVIII of 1944);

10[(ja) "immovable property" includes land, benefits to arise out of land, and things attached to the earth, or
permanently fastned to anything attached to the earth;]

19[" Explanation- Where any plant and machinery of a factory transferred or sold with the intention of
running the factory, such transaction shall be deemed to be a transaction of the immovable property."]

(k) "impressed stamp" includes,-

(i) labels affixed and impressed by the proper officer;

(ii) stamps embossed or engraved on stamped paper;

11[(iii) impression by franking machine;]

19[(iv) Receipted chalan or the certificate issued under e-statement system or any other system as may
be prescribed by rules."]

(l) "instrument" includes every document by which any right or liability is, or purports to be, created, transferred,
limited, extended, extinguished or recorded but does not include a bill of exchange, cheque, promissory note, bill
of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt;

19[" Explanation- The term "document" also include any electronic record as defined in clause (t) of sub-
section (1) of section 2 of the Information Technology Act, 2000." (21 of 200 0)]

12[(la) "instrument of gift" includes, where the gift is of any movable 13[or immovable] property but has not been
made in writing, any instrument recording whether by way of declaration or otherwise the making or acceptance
of 14[such oral gift];]

(m) "instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide
such property in severalty and includes-

(i) a final order for effecting a partition passed by any revenue authority or any civil court,

(ii) an award by an arbitrator directing a partition, and

(iii) when any partition is effected without executing any such instrument, any instrument or instruments
signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the
terms of such partition amongst the co-owners;

(n) "lease" means a lease of 15[movable or immovable or both] property, and includes also-

(i) a patta;

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 (ii) a kabulayat, or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy or
pay or deliver rent for immovable property;

(iii) any instrument by which tools of any description are let;

(iv) any writing on an application for a lease intended to signify that the application is granted;

16[(v) a decree or final order of any Civil Court in respect of a lease:

Provided that where subsequently an instrument of lease is executed in pursuance of such decree
or order, the stamp duty, if any, already paid and recovered on such decree or order shall be
adjusted towards the total duty leviable on such instrument;]

17[(na) ",market value", in relation to any property which is the subject matter of an instrument means the price
which such property would have fetched if sold in open market on the date of execution of such instrument;]

(o) "marketable security" means a security of such description as to be capable of being sold in any stock market
in India or in the United Kingdom;

(p) "mortgage deed" includes every instrument whereby, for the purpose of securing money advanced, or to be
advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person
transfers or creates to, or in favour of, another, a right over or in respect of specified property;

(pa) "{movable property" includes standing timber, growing crops and grass, fruits upon and juice in trees and
property of every other description, except immovable property, by which any right or liability is or is purported to
be created, transferred, limited, extended, extinguished or recorded;]

(q) "paper" includes vellum, parchment or any other material on which an instrument may be written;

(r) "power of Attorney" includes any instrument (not chargeable with a fee under the law relating to Court-fees
for the time being in force) empowering a specified person to act for and in the name of the person executing it;

(s) "Schedule" means a Schedule appended to this Act;

(t) "Settlement" means any non-testamentory disposition in writing, of movable of immovable property made,-

(i) in consideration of marriage,

(ii) for the purpose of distributing property of the settlor among his family of those for whom he desires to
provide, or for the purpose of providing for some person dependent on him, or

(iii) for any religious or charitable purpose, and includes an agreement in writing to make such a disposition
and where any such disposition has not been made in writing, any instrument recording whether by way of
declaration of trust or otherwise, the terms of any such disposition;

(u) "Solider" includes any person below the rank of a non-commissioned officer who is enrolled under the Army
Act, 1950 (XLVI of 1950).

1. Clause (dd) was inserted by Bom ., 95 of 1958, Sec. 2.

2. These words were subm itted for the words "State of Bom bay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) O rder, 1960.

3. Clause (e) was inserted by Guj. 13 of 1994, S.3 (1) w.e.f. dt. 04-04-1994.

4. The words "in greater Bom bay, the Collector of Bom bay and elsewhere" were om itted by the Gujarat Adaptation of Laws (State and Concurrent

Subjects) O rder, 1960.

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 5. Clause (g) was substituted for the original by Guj. 13 of 1994, s.2 (2).

6. W ord 'or' deleted by Guj. 19 of 2001, s. 2(1), w.e.f. dt. 01-09-2001.

7. Subs. for words "am algam ation of com panies" by Guj. 19 of 2001, s. 2(2), w.e.f. dt. 01-09-2001.

8. Insert sub-clause (v) by Guj. 19 of 2001, s. 2(3) w.e.f. dt. 01-09-2001.

9. Clause (ja) was inserted by Guj. 13 of 1994, s. 2(3) w.e.f. Dt. 04-04-1994.

10. Sub-clause (iii) was inserted by Guj. 7 of 1999, s. 2 w.e.f. Dt. 01-04-1999.

11. Clause (la) was inserted by Guj. 18 of 1963, s. 2 w.e.f. Dt. 22-04-1963.

12. These words were inserted by Guj. 13 of 1994, s. 2(4) (i) w.e.f. dt. 04-0401994.

13. These words were substituted for the words "such gift", ibid., s. 2.(4) (ii).

14. These words were substituted for the words "im m ovable", ibid., s. 2.(5) (i).

15. Sub-clause (v) was inserted by Guj. 13 of 1994, s. 2 (5) (ii) w.e.f. Dt. 04-04-1994.

16. Clause (na) was inserted by Guj. 21of 1982, s. 2 (2) w.e.f. Dt. 01-04-1982.

17. Clause (pa) was inserted by Guj. 13 of 1994, s. 2 (6) w.e.f. Dt. 04-04-1994.

18. Added by Gujarat Act. No. 11 of 2007 Sec-2 (1) w.e.f. 01.04.2007.

19. Added by Gujarat Act. No. 11 of 2007 Sec-2 (2-3) w.e.f. 01.04.2007.

20. Substituted by Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"(iv) every order m ade by the High Court under section 394 of the Com panies Act, 1958 (I of 1956) in respect of 8[reconstruction or
am algam ation of com panies, or]"

Section 3 : Instruments chargeable with duty

Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be
chargeable with duty of the amount indicated in Schedule I as the Proper duty therefore respectively, that is to say-

(a) every instruments mentioned in Schedule I, which, not having been previously executed by any person, is
executed in the state on or after the date of commencement of this Act;
1 [(aa) every instrument mentioned in Schedule I, which not having been previously executed by or on behalf of or in
favour of the Government or any local authority, is executed by or on the Government or any local authority, is
executed by or on behalf or in favour of the Government or any local authority]

(b) every instrument mentioned in Schedule I, which, not having been previously executed by any person, is
executed out of the State on or after the said date, relates to any property situate, or to any matter or thing done
or to be done in this State and is received in this State:

Provided that no duty shall be chargeable in respect of-

(1) any instrument executed by or on behalf of, or in favour of, the Government in cases where, but for this
exemption, the Government would be liable to pay the duty chargeable in respect of such instrument;
(2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or

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 otherwise of any ship or vessel, or any part, interest, share or property of or in ship or vessel registered
under the Bombay Coasting Vessels Act, 1838 (XIV of 1938), or the Indian Registration of Ships Act, 1841 (X
of 1941).
_________________________

1. Clause (aa) was inserted by Gujarat 5 of 2002 Section 2 w.e.f. 1-4-2002.

Section 3A : Instruments chargeable with additional duty w.e.f. 1-4-2003

1 [3A. Instruments chargeable with additional duty.--

(1) Every instrument chargeable with duty and described in the following articles of Schedule I when executed in respect
of the property situated in the state shall, in addition to such duty, be chargeable with a duty at the rate of forty per
cent, [including rate of stamp duty to be increased as provided for in sections 201 and 209 of the Gujarat Panchyat Act,
1993 (Guj. 18 of 1993)] of such duty, namely :-

(1) No. 17 (Certificate of Sale).

(2) No. 20(a), 20(b) and 20(c) (conveyance),

(3) No. 26 (Exchange of Property),

(4) No. 27 (Further Charge),
(5) No. 28 (Gift),

(6) No. 30 (Lease)'

(7) No. 36 (Mortgage-deed),

(8) No. 45(f) (Power of Attorney when given for consideration and authorising the attorney to sell any immovable
property),

(9) No. 52 (Settlement),

(10) No. 57 (Transfer of lease)

(2) Except as otherwise provided in sub-section (1), the provisions of this Act and the rules made thereunder shall, so
far as may be, apply in relation to the additional duty chargeable under sub-section (1) as they apply in relation to the
duty chargeable under section 3,
________________________

1. This Section Substituted by Gujarat 15 of 2003 Sec. 2 w.e.f. 1-4-2003. Section 3A was inserted by Gujarat 10 of
1988 S. 3 w.e.f. 10-8-1988
Section 3B : Certain instruments relating to vacant land chargeable with additional duty

1 [3B. Certain instruments relating to vacant land chargeable with additional duty - This section is deleted w.e.f. 1-
4-2003.--

(1) Every instrument of-

(a) Conveyance of vacant land.
(b) exchange of vacant land.

(c) gift of vacant land.

(d) lease of vacant land,

(e) power of attorney when given for consideration and authorising the attorney to sell vacant land; and
(f) transfer of lease of vacant land by way of assignment and not by way of underlease,
chargeable with duty under section 3 and mentioned in Articles 20, 26, 28, 30, clause (f) of Article 45 and Article 57
respectively in Schedule I shall,-

(i) when such vacant land is situate in an urban area, be chargeable in addition to the duties chargeable under

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 section 3 and 3A, with a duty at the rate of fifty percent, of the duty chargeable under section 3; and
(ii) when such vacant land is situate in an area other than urban area and is non-agriculture land, be chargeable in
addition to the duties chargeable under section 3 with duty at the rate of twenty-five percent, of the duty
chargeable under section 3;]
Provided that nothing in this section shall apply to a vacant land of an area not exceeding one hundred square
meters which is intended to be used for a residential purpose.
(2) Except as otherwise provided in sub-section (1), the provisions of this Act and the rules made thereunder shall, so
far as may be, apply in relation to the additional duty chargeable under sub-section (1) as they apply in relation to the
duty chargeable under section 3.
Explanation,- For the purpose of this section-

(1) "urban area" means any area which is for the time being comprised in-
(a) (i) a development area' or
(ii) an urban development area;

within the meaning of the Gujarat Town Planning and Urban Development Act, 1973(President's Act No. 27 of
1976); or
(b) a municipal borough or a notified area within the meaning of the Gujarat Municipalties Act, 1963(Guj. Act 34
of 1964); or
(c) a nagar within the meaning of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962)."
(2) "vacant land" means land, in an urban area, agricultural or non-agricultural and in an area other than urban area,
non-agricultural excluding land on which any building has been constructed in accordance with any law regulating
such construction and the land appurtenant to such building to the minimum extent required under such law or under
the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976) but
including the land on which a building is constructed upto the lintel level.] Sec. 3B deleted w.e.f. 1-4-2003.

________________________
1. Sec. 3B was inserted by Guj. 13 of 1990 Sec. 2 w.e.f. 7-8-1990 and deleted by Guj. 15 of 2003 Sec. 3 w.e.f. 1-4-
2003.
Section 4 : Several instruments used in singal transaction of sale, mortgage or settlement

(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction,
the principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, mortgage or
settlement, and each of other instruments shall be chargeable with a duty of 2[one hundred rupees] instead of the duty (if
any) prescribed for it in that schedule.

(2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1),
be deemed to the principal instrument:

Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in
respect of any of the said instruments employed.

________________________
1. These words were substituted for the words "ten rupees" by Guj. 21 of 1984 Sec. 4.

2. Substituted by the Guj. 21 of 1984 Sec. 4 and Act No. 14 of 2006 w.e.f. 01.04.2006 for "1[five rupees]"

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Section 5 : Instruments relating to several distinct matters

Any instrument comprising or relating to several distinct matters 1[distinct matters or distinct transactions] shall be
chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one
of such matters 1[or distinct transactions] would be chargeable under this Act.

________________________

1. Inserted for "matter" by Gujarat Act. No. 11 of 2007 Sec. 3 w.e.f. 01.04.2007.

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Section 6 : Instruments coming with in several description in Schedule I

Subject to the provisions of section 5, an instrument so framed as to come within two or more of the descriptions in
Schedule I shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such
duties:

Provided the nothing in this Act contained shall render chargeable with duty exceeding 2[one hundred
rupees] a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
________________________

1. These words were substituted for the words. "Three rupees" by Guj. 23 of 1977, Sec. 4.
2. Substituted by the Guj. 21 of 1984 Sec. 4 and Act No. of 2006 Sec. w.e.f. 01.04.2006 "1 [ten rupees]".

Section 7 : Payment of higher duty in respect of certain instruments

(1) Notwithstanding anything contained in section 4 or 6 or any other enactment, unless it is proved that the duty
chargeable under this Act has been paid,-

(a) on the principal or original instrument, as the case may be, or

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 (b) in accordance with the provisions of this section,
the duty chargeable on an instrument of sale, mortgage, or settlement, other than a principal instrument or on a
counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in this
State have been chargeable under this Act with a higher rate of duty, be the duty with which the principal or original
instrument would been chargeable under section 19.

(2) Notwithstanding anything contained in any enactment for the time being in force, no instrument, counterpart,
duplicate or copy chargeable with duty under this section shall be received in evidence unless the duty chargeable under
this section has been paid thereon:
Provided that any Court before which any such instrument, duplicate or copy is produced may permit the duty
chargeable under this section to be paid thereon and may then receive it in evidence.

1 [(3) The provisions of this Act and the rules made thereunder in so far as they relate to the recovery of duties
chargeable on instruments under section 3 shall, so far as may be, apply to the recovery of duties chargeable on a
counterpart, duplicate or copy of an instrument under sub-section (1)].
________________________

1. Substituted Sec. (3) of Sec. 7 was inserted by Guj. 5 of 1987 Sec. 2.

Section 8 : Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law

(1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities
Loans Act, 1914 (IX of 1914), or of any other law for the time being in force 1 [or any corporation established by law by
Government or any Government company raising a loan,] by the issue of bonds or securities other than debentures shall,
in respect of such loan, be chargeable with a duty of 2 [two per centum] on the total amount of such bonds or
securities issued by it, and such bonds or securities need not be stamped, and shall not be chargeable with any further
duty on renewal, consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1) exempting certain bonds or securities issued by any local authority from being
stamped and from being chargeable with certain further duty shall apply to the bonds or securities other than
debentures of all outstanding loans of the kind mentioned therein, and all such bonds or securities shall be valid, whether
the same are stamped or not.

(3) In the case of willful neglect to pay the duty required by this section the local authority 3 [the corporation or the
Government Company] shall be liable to forfeit to the State Government a sum equal to ten per centum upon the amount
of duty payable, and a like penalty for every month after the first month during which such neglect continues.
________________________

1. These words were inserted by Guj. 21 of 1972 Sec. 5(1).

2. These words were substituted for the words "One and half per centum" by Guj. 23 of 1977 Sec. 5.
3. These words inserted by Guj. 21 of 1982 Sec. 5(2) (3).
Section 9 : Power to reduce, remit or compound duties

The State Government may, by rule or order published in the official gazette,-

(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the duties with
which any instruments or any particular class of instruments or any of the instruments belonging to such class, or
any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members
of such class are chargeable, and
(b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other
body corporate of bonds or marketable securities other than debentures. 1[or any instrument Chargeable with duty
under Schedule I"].

________________________

1. Added by Gujarat Act. No. 11 of 2007 Sec. 4 w.e.f. 01.04.2007.

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Section 10 : Duties how to be paid

(1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be
paid, and such payment shall be indicated on such instruments, by means of stamps,-
(a) according to the provisions herein contained; or

(b) when no such provision is applicable, thereto, as the State Government may, by rules, direct, refer Annexure-A
(2) The rules made under sub-section (1) may, among other matters, regulate,-

(a) in the case of each kind of instruments, the description of stamps which may be used;
(b) in the case of instruments stamped with impressed stamps, the number of stamps which may be used.
1 [(2A) The Chief Controlling Revenue Authority may authorise, subject to such conditions as it may deem fit, the use of
franking machine for making impressions on instruments chargeable with duties, to indicate payment of duties on such
instruments.
(2B) (i) Where the Chief Controlling Revenue Authority or Superintendent of Stamps authorised by him in this behalf is,
having regard to the number of instruments executed by a person and the amount of duty charged thereon, satisfied
that it is necessary in the public interest so to do, it or he may by an order in writing, authorise such person to use
franking machine subject to such conditions as laid by general or special order in this behalf by the Chief Controlling
Revenue Authority.

(ii) Where there is breach of any of conditions of the authorisation, the authority granting authorisation under clause
(i) may revoke the authorisation.
(iii) The Chief Controlling Revenue Authority may, by order, determine the procedure for regulating the use of franking
machine.]3["and for other systems specified in entry (iv) of clause (k) of Section 2"]

2 [(3) (a) Notwithstanding anything contained in sub-section (1), where,

(i) the State Government, in relation to any area in the State, or

(ii) the Collector, in relation to any area in the district under his charge, is satisfied that on account of temporary
shortage of stamps in any area, duty cannot be paid, and payment of duty cannot be indicated on such
instruments the registration of which is compulsory under the Registration Act, 1908(16 of 1908), by means of
stamps, the State Government, or, as the case may be, the Collector, may, by notification in the Official
Gazette, direct that, in such area and for such period as may be specified in such notification, the duty may be
paid in cash in any Government treasury or sub-treasury and the officer-in-charge of such treasury or sub-
treasury shall, on production of a challan evidencing payment of stamp duty in the Government treasury or sub-

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 treasury, certify by endorsement on the instrument in respect of which the stamp duty is paid, that the duty has
been paid, and state in the said endorsement the amount of the duty so paid.
(b) An endorsement, made on any instrument under clause (a) shall have the same effect as if the duty of an
amount equal to the amount stated in the endorsement has been paid in respect of, and such payment had been
indicated on, such instrument by means of stamps, under sub-section (1).]

________________________

1. Sub-Sec. (2A) and (2B) were inserted by Guj. 7 of 1999 Sec. 3.

2. Sub-Sec. (3) was inserted by Guj. 21 of 1982 Sec. 6.
3. Added by Gujarat Act. No 11 of 2007 Sec. 5 w.e.f. 01.04.2007.

Section 11 : Deleted

Use of adhesive stamps

Section 11A : Deleted

Use of adhesive stamps in respect of certain instruments

Section 12 : Cancellation of adhesive stamps

(1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any
person shall, when affixing such stamp, cancel the same so that it cannot be used again; and
(b) Whoever executes any instruments on any paper bearing an adhesive stamp shall, at the time of execution,
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 unless such stamp has been already cancelled in the manner aforesaid, cancel the same so that it cannot be used
again.

(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so
far as such stamp is concerned, be deemed to be unstamped.
(3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp
his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual
manner.
Section 13 : Instrument stamped with impressed stamps how to be written

Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may
appear on the face of the instrument and cannot be used for or applied to any other instrument.
Section 14 : Only one instrument to be on same stamp

No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument
chargeable with duty has already been written:

Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with
duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of
acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby:
Section 15 : Instrument written contrary to section 13 or 14 deemed unstamped

Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.

Section 16 : Denoting duty

Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty
actually paid in respect of another instruments, the payment of such last mentioned duty shall, if application is made in writing
to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned
instruments, by endorsement under the hand of the collector in such other manner (if any) as the State Government may, by
rules, prescribe.
Section 17 : Instruments executed in State

All instruments chargeable with duty and executed by any person in this State shall be stamped before or 1[at the time
of execution or immediately thereafter on the next working day following the day of execution]

Provided that the clearance list described in Articles 18A, 18B, 18C, 18D or 18E of Schedule I may be stamped by
an officer authorised by the State Government by rules made under this Act, if such clearance list is submitted
for stamping by the clearing house of an Association in accordance with its rules and bye-laws with the requisite
amount of stamp duty, within two months from the date of its execution.

3[Provided further that the instrument, so far as it relates loan order of,-

(i) the National Company Law Tribunal under section 232 of the Companies Act, 2013 (18 of 2013) in
respect of a scheme for reconstruction of the company or companies involving merger or the
amalgamation of any two or more companies;

(ii) the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (10 of 1949) in
respect of amalgamation or dissolution of Banking companies, shall be stamped within thirty days from the
date of such order of the National Company Law Tribunal or, as the case may be, the order of the Reserve
Bank of India.]

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________________________

1. These words were substituted for the words "at the tim es of ex ecution" by Guj. 13 of 1994 Sec. 4.

2. Inserted vide Gujarat Stam p (Am endm ent) Act, 2016.

3. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"2[Provided further that the instrum ent, so far as it relates to reconstruction or am algam ation of com panies by an order of the High Court
under section 394 of the Com panies Act, 1956 (1 of 1956) shall be stam ped within thirty days from the date of the order of the High

Court.]"

Section 18 : Instruments executed out of State

(1) Every instrument chargeable with duty executed only out of this state may be stamped within three months after it
has been first received in this state.
(2) Where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly
stamped by a private person it may be taken within the said period of three months to the Collector, who shall stamp
the same, in such manner as the State Government may by rule prescribe, with a stamp of such value as the person so
taking such instrument may require and pay for.
Section 19 : Payment of duty on certain instruments liable to increased duty in Gujarat State

19. Payment of duty on certain instruments liable to increased duty in 1 [Gujarat State]

Where any instrument of the nature described in any article in Schedule I and relating to any property situate or to any
matter or thing done or to be done in this state is executed out of the State and subsequently received in the State,-

(a) the amount of duty chargeable on such instrument shall be the amount of duty chargeable under Schedule I on a
document of the like description executed in this State less the amount of duty, if any, already paid under any law in
force in India excluding the State of Jammu and Kashmir on such instrument when it was executed;

(b) and in addition to the stamps, if any, already affixed thereto such instrument shall be stamped with the stamps
necessary for the payment of the duty chargeable on it under clause (a) of this section, in the same manner and at
the same time and by the same persons as though such instrument were an instrument received in this state for the
first time at the time when it became chargeable with the higher duty; and
(c) the provisions contained in clause (b) of the provision to sub-section (3) of section 32 shall apply to such
instrument as if such were an instrument executed or first executed out of this State and first received in this State
when it became chargeable to the higher duty aforesaid, but the provisions contained in clause (a) of the said
proviso shall not apply thereto.

________________________
1. Substituted by A.O. 1960.
Section 20 : Conversion of amount expressed in foreign currencies

(1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that
of1[India] such duty shall be calculated on the value of such money in the currency of1[India] according to the current rate of
exchange on the day of the date of the instrument.

(2) The Central Government may, from time to time by notification in the Official Gazette, prescribe a rate of exchange for the
conversion of British or any foreign currency into the currency of1[India] for the purposes of calculating stamp-duty, and such
rate shall be deemed to be the current rate for the purposes of sub-section (1).
________________________

1. Substituted by Act 43 of 1955, Section 2, for "the States" w. e. f. 1-4-1956.

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Section 21 : Stock and marketable securities how to be valued

Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such
duty shall be calculated on the value of the day of the date of the instrument.
Section 22 : Effect of statement of rate of exchange or average price

Where an instrument contains a statement, of current rate of exchange, or average price, as the case may require, and is
stamped in accordance with such statement, it shall so far as regards the subject matter of such statement, be presumed, until
the contrary is proved, to be duly stamped.
Section 23 : Instruments reserving interest

Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty
higher than that with which it would have been chargeable had not mention of interest been made therein.
Section 24 : Certain instruments connected with mortgages of marketable securities to be chargeable as agreements

(1) Where an instrument-

(a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced or
to be advanced by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer intended as security of any marketable security,

it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under
Article No. 5 (h) of Schedule I,

(2) A release or discharge of any such instrument shall only be chargeable with the like duty.
Section 25 : Deduction of duty to be made when property mortgaged is transferred to mortgage

1 [25. Deduction of duty to be made when property mortgaged is transferred to mortgagee.--

Where any property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty
payable on the transfer, the amount of any duty already paid in respect of the mortgage.]

________________________

1. Sec. 25 was substituted by Guj. 21 of 1982 Sec. 9 w.e.f. 1-4-82.

Section 26 : Valuation in case of annuity, etc

Where an instrument is executed to secure the payment of an annuity or other sum payable periodically or where the
consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instruments
or the consideration for such conveyance as the case may be, shall for the purposes of this Act, be deemed to be,-

(a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained,
such total amount;

(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date
of such instrument or conveyance, the total amount which, according to the terms of such instrument or
conveyance, will or may be payable during the period of twenty years calculated from the date on which the first
payment becomes due; and

(c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or
conveyance, the maximum amount which will or may be payable as aforesaid during the period of twenty years
calculated from the date on which the first payment becomes due.

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Section 27 : Stamp where value of subject matter is indeterminate

Where the amount of value of subject-matter of any instrument chargeable with ad valorem duty cannot be, or in the
case of an instrument executed before the commencement of this Act could not have been ascertained at the date of
its execution or, first execution, nothing shall be claimable under such instrument more than the highest amount or value
for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such
execution, have been sufficient;

Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or
part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of
stamp duty,-
(a) when the lease has been granted by or on behalf of the Government at such amount or value as the Collector
may, having regard to all the circumtances of the case, have estimated as likely to be payable by way of royalty or
share to the Government under the lease, or,

(b) when the lease has been granted by any other person, at twenty thousand rupees a year;

and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:
Provided also that, where proceedings have been taken in respect of instrument under section 31 or 40, the amount
certified by the Collector shall be deemed to be the stamp actually used at the date of execution.
Section 28 : Facts affec-ting duty to be set forth in instrument

1[The consideration (if any), market value] and all other facts and circumtances affecting the chargeability of any
instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.

________________________

1. These words and brackets were substituted for the words and brackets "The consideration. (if any)", by Guj. 21 of 1982.
Section 29 : Directions as to duty in case of certain conveyances

(1) 1 [Where the whole of the property has been contracted to be sold], and is conveyed to the purchaser in separate
parts by different instruments, 2 [the market value of the whole of the property shall be] apportioned in such manner as
the parties think fit, provided that a distinct 3 [market value] for each separate part is set forth in the conveyance
relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct, 3 [market
value].

(2) 4 [Where whole of the property contracted to be purchased] by two or more persons jointly, or by any person for
himself and others or wholly for others, is conveyed in parts by separate instruments to the persons, by or for whom the
same was purchased, 5 [* * * *], the conveyance of each separate part shall be chargeable with ad valorem duty 6 [in
respect of the market value of such part of the property].

(3) where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof,
contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-
purchaser, the conveyance shall be chargeable with ad valorem duty 7 [in respect of the market value of the property
at the time of sale] by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof,
contracts to sell the whole or any part thereof, to any other person or persons, and the property is in consequence
conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall
be chargeable with ad valorem duty 8 [in respect only of the market value of the part sold to the sub-purchaser,
without regard to the amount of the market value of the whole property conveyed by the original seller; and the
conveyance of the residue (if any) of such property to the original Seller; and the conveyance of the residue (if any) of
such property to the original purchaser shall be chargeable with ad valorem duty in respect of the market value of such
residue:]

Provided that notwithstanding anything contained in 9 [article 20] of Schedule I the duty on such last mentioned
conveyance shall in no case be less than 10 [one hundred rupees.]

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 11 [(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him,
which is chargeable with ad valorem duty according to the market value of the property so conveyed and is duly
stamped accordingly, any conveyance to be made after words to him in respect of the same property by the original
seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of
the property so conveyed or where such duty exceeds 12[one hundred rupees] with a duty of 10 [one hundred
rupees.]]
________________________

1. These words were substituted for the words "Where any property has been contracted to be sold for one
consideration for the whole", ibid., Section 11(1)(a).
2. These words were substituted for the words "the consideration shall be", ibid., Section 11 (1) (b).
3. These words were substituted for the words "consideration", ibid., Section 11 (1) (c).
4. These words were substituted for the words "where property contracted to be purchased for one consideration for
the whole" by the Guj. 21 of 1982, Section 11 (2) (a) w.e.f. dt. 01-04-1982.
5. These words "for distinct part of the consideration" were deleted, ibid., Section 11(2) (b).
6. These words were substituted for the words "in respect of the distinct part of the consideration therein specified",
ibid., Section 11(2) (c).
7. These words were substituted for the words "in respect of consideration for the sale," ibid., Section 11(3).
8. This portion was substituted for the portion beginning with the words "in respect only of the consideration paid by
such sub-purchaser" and ending with the words "Considerations paid by the sub-purchasers", ibid., Section 11(4) (a).
9. These word and figures were substituted for the word and figures "Article 27" by Guj. 21 of 1982, Section 11(4)(b) (i)
w.e.f. dt. 01-04-1982.
10. These words were substituted for the words "eight rupee", by Gujarat Act 14 of 2006 Sec. 4 w.e.f 01.04.2006.
11. Sub-section (5) was substituted, ibid., Section 11(5).
12. Substituted by the Guj. Act 14 of 2006 Sec. 4 w.e.f 01.04.2006 for the words "eight rupees".

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Section 30 : Duties by whom payable

(E) Duty by whom Payable

In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,-

(a) in the case of any instrument described in any of the following Articles of Schedule I, namely :-
No. 2 (Administration Bond),

No. 6 (Agreement relating to Deposit of Title-Deeds, Pawn or Pledge),

No. 1 [14] (Bond),

No. 1 [15] (Bottomry Bond),

No. 1 [23] (Custom Bond),

No. 1 [27] (Further Charge),

No. 1 [29] (Indemnity Bond),

No. 1 [36] (Mortgage-Deed),

No. 1 [49] (Release),

No. 1 [50] (Respondentia Bond),

No. 1 [51] (Security-Bond or Mortgage-Deed),

No. 1 [52] (Settlement),

No. 2 [56] (a) : (Transfer of debentures, being marketable securities whether the debenture is liable to duty or
not, except debentures provided for by section 8 of the Indian Stamp Act, 1899 (II of 1899),
No. 2 [56] (b) : (Transfer of any interest secured by a bond or mortgage deed or policy of insurance), by the
person drawing or making such instrument;

(b) in the case of a conveyance (including a re-conveyance of mortgaged property) by the guarantee; in the case
of a lease or agreement to lease by the lessee or intended lessee;
(c) in the case of a counterpart of lease by the less or;

(d) in the case of an instrument of exchange by the parties in equal shares;

(e) in the case of a certificate of sale by the purchaser of the property to which such certificate relates; 3 [* * *]

(f) in the case of an instrument of partition by the parties thereto in proportion to their respective shares in the
whole property partitioned or, when the partition is made in execution of an order passed by a Revenue authority or
Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs, 4 [and]

5 [(g) in any other case, by the person executing the instrument.]

___________________
1. These figures were respectively substituted for the figures "15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65" by Guj.
21 of 1982, s. 12 w.e.f. dt. 01-04-1982.
2. These figures were respectively substituted for the figures "15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65" by Guj.
21 of 1982, s. 12 w.e.f. dt. 01-04-1982.
3. The word 'and' was deleted by Guj. 13 of 1994 S. 5(i)
4. This word was inserted by Guj. 13 of 1994 S. 5(ii)

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 5. The clause (g) was inserted by Guj. 13 of 1994 S. 5(iii)
Section 31 : Adjudication as to proper stamps

(1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector,
and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable,
and pays a fee of such amount 1 [not exceeding one hundred rupees and not less than twenty-five rupees] as the
Collector may, in each case direct, the Collector shall determine the duty (if any) with which in his judgement, the
instrument is chargeable.

(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such
affidavit or other evidence as he may deem necessary to prove all the facts and circumtances 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 upon any such application until such 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 relived 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 circumtances aforesaid.

2 [(3) Where an officer appointed as a Collector under clause (f) of section 2 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 set forth therein, he shall, before assessing the stamp duty under this section, refer the instrument to the Collector
of such district in which either the whole or any part of the property is situate, for determining, in accordance with the
procedure laid down in section 32A, the true market value of such property and the proper duty payable on the
instrument.]

________________________

1. These words were substituted for the words "not exceeding twenty five rupees and not less than five rupees" by Guj.
13 of 1994 S. 6.
2. Sub-Section (3) was added by Gij. 21 of 1982 S. 13.
Section 32 : Certificate by Collector

(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 a 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 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) 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 has 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.

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Section 32A : Determination of market value of property which is the subject matter of conveyance, etc.

1 [32A. Determination of market value of property which is the subject matter of conveyance, etc. refer : Market
values Rules Part-II Page. 41
2 [(1) Every instrument of conveyance, exchange, gift, certificate of sale, partition, partnership, settlement, power of
attorney to sell immovable property when given for consideration or transfer of lease by way of assignment, presented
for registration under provisions of the Registration Act. 1908 (XVI of 1908) shall be accompanied by a true copy
thereof; 3 [and the Statement in such form as may be prescribed by rules] and if an officer registering such instrument
under the aforesaid Act or any person referred to in section 33 before whom such instrument is produced or comes
consideration set forth therein does not approximate to the market value of the property which is the subject matter of
such instrument or as the case may be the market value of the property which is the subject matter of such instrument,
has not been truely set forth therein, he 4 [shall before] registering the instrument or, as the case may be, performing
his functions in respect of such instrument, refer the instrument or true copy thereof to the Collector of such district in
which either the whole or any part of the property is situated for determining the true market value of such property and
the proper duty payable on the instrument under this section.]
5 [Provided that for the purpose of this Sub-section, the consideration set forth in an instrument executed by the
State Government, the Central Government, a local authority, Gujarat housing Board, Gujarat Slum Clearance Board
or Gujarat Industrial Development Corporation, shall be deemed to be the true market value of the property which is
the subject matter of such instrument.]

(2) On receipt of the instrument under sub-section (3) of 6 [section 31 or instrument or true copy of instrument under]
sub-section (1) of this section, the Collector of the district shall, after giving the parties concerned a reasonable
opportunity of being heard, and in accordance with the rules made by the State Government in this behalf, determine
the true market value of the property which is the subject matter of the instrument and the proper duty payable
thereon.

(3) Upon such determination, the Collector of the district shall require the party liable to pay the duty, to make payment
of such amount as is required to make up the difference between the amount duty determined under this sub-section
and the amount of duty already paid by him and shall also require such party to pay a penalty 7 [of two hundred and
fifty rupees] 8 [or the amount of the proper duty or of the deficient portion there of whichever is less] and on such
payment, return the instrument to the officer referred in sub-section (5) of section 31 or, as the case may be, sub-
section (1) of this section:

Provided that, no such party shall be required to pay any amount to make up the difference or to pay any penalty
under this sub-section if the difference between the amount of the consideration or, as the case may be, the market
value as set forth in the instrument and the market value as determined by the Collector of the district does not
exceed ten per cent, of the market value determined by the Collector of the district. this proviso deleted w.e.f. 11-
6-2004.

(4) The Collector of the district may, suo motu or on receipt of information from any source, within 9 [six years] from
the date of registration of any instrument referred to in sub-section (1), not being the instrument upon which an
endorsement has been made under section 32 or the instrument in respect of which the proper duty has been
determined by him under sub-section (3) or an instrument executed before the date of the commencement of the
Bombay Stamp (Gujarat Amendment Act, 1982) call fro and examine the instrument for the purpose of satisfying himself
as to the correctness of the consideration or of the market value of the property which is the subject matter of such
instrument and the duty payable thereon; and if on such examination, he has reason to believe that the consideration
does not approximate to the market value of such property or, as the case may be, market value of such property has
not been truly and fully set forth in the instrument, he shall proceed as provided in sub-sections (2) and (3).
________________________

1. Section 32A and 32B were inserted by Guj. 21 of 1982. Section 14

2. Sub-section (1) was substituted by Guj. 13 of 1994. Section 7(1)
3. These words were inserted by Guj. 19 of 2001 Section 3 w.e.f. 1-9-2001.
4. These words were substituted for the words "may either before or after" by Guj. 8 of 2000. Section 2.
5. Provision in Sub-Sec. (1) inserted by Guj. 18 of 2004 Section 2. w.e.f. 11-6-2004.
6. These word were substituted for the words "section 31 or" Guj. 8 of 2002 Section 7(2)
7. The words were substituted by Guj. 4 of 1991. Section 2.
8. These words were inserted by Guj. 13 of 1994. Section 7(3).
9. These words were substituted for the words "Two years" by Guj. 13 of 1994. Section 7(4).
Section 32B : Statement of the case by the Collector

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 (1) Any person aggrieved by an order of the Collector determining the market value under section 31 or, as the case
may be, under section 32A, may, after depositing with the Collector 1 [twenty five per cent.] of the amount of duty or,
as the case may be, the amount of the difference of duty payable by him by application presented 2 [within a period of
ninety days] from the date of such order and accompained by a fee of one hundred rupees, require the Collector to draw
up a statement of the case and refer it to the Chief Controlling Revenue Authority and the Collector shall, within sixty
days of the receipt of such application, draw up a statement of the case and refer it to the Authority :
Provided that where in any particular case the Authority is of the opinion that the deposit of the amount by the
applicant will cause undue hardship to him, the Authority may, in its discretion, either unconditionally or subject to
such conditions as it may think fit to impose, dispense with a part of the amount deposited so however that the part
of the amount deposited so however that the part of the amount deposited so however that the party of the
amount so dispensed with shall not exceed fifty per cent. of the amount deposited or required to be deposited.
(2) Such Authority 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.

(3) The decision given by the Authority under sub-section (2) shall be final.]

________________________
1. As per Noti. No. GHM/2002/32/M/STP/10/2002/690/H dt. 18-4-2002 in Gujarat Stamp Rules. 1978 in Rules 30-A, for
the words "24% the words" 15% shall be substituted.
2. Substituted for "Sixty days" by Guj. 18 of 2004 SEc. 3 w.e.f. 11-6-2004.
Section 33 : Examination and impounding of instruments

(1) 1 [Subject to the provision of section 32A, every person] having by law or consent of parties authority to receive
evidence, and every person in charge of a public office except an officer of police, before whom any instrument,
chargeable, in his opinion, with duty, is produced or comes in the performance of his functions shall if it appears to him
that such instrument is not duly stamped, impound the same.

(2) For that purpose every such person shall examine very instrument so chargeable and so produced or coming before
him in order to ascertain whether it is stamped with a stamp of the value and description required be the law for the
time being in force in the State when such instrument was executed or first executed:
Provided that-

(a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or
impound, if he does not think fit so to do any instrument coming before him in the course of any proceeding other
than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898);
(b) in the case of a Judge of High Court, the duty of examining and impounding any instrument under this section
may be delegated to such officer as the Court may appoint in this behalf.

(3) For the purpose of this section, in cases of doubt,-

(a) the State Government may determine what offices shall be deemed to be public offices; and
(b) the State Government may determine who shall be deemed to be persons in charge of public offices.

________________________

1. These words, figures and letter were substituted for the words "Every person" by Guj. 21 of 1982 Sec. 15.
Section 34 : Instruments not duly stamped in admissible in evidence etc

No instrument chargeable with duty 1 [not being an instrument referred to in sub-section (1) of section 32A),] 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 instrument is
duly stamped :

Provided that-

(a) any such instrument not being an instrument chargeable with a duty of twenty naye paise and less shall,
subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is

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 chargeable, or in the case of any instrument insufficiently stamped, of the amount required to make up such
duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient
portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion;
(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;

(c) 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.

________________________

1. These brackets, words figures and letter inserted by Guj. 21 of 1982 Sec. 16.
Section 35 : Admission of instrument where not be questioned

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.
Section 36 : Admission of improperly stamped instruments

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.
Section 37 : Instruments impounded how dealt with

(1) When the person impounding as 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.

(2) In every other case, the person so impounding an instrument shall send it in original to the Collector.
Section 38 : Collectors power to refund penalty paid under section 37, sub-section (1)

(1) When a copy of an instrument is sent to the Collector under sub-section (1) of section 37 he may, if he thinks fit,
refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument.
(2) When such instrument has been impounded only because it has been written in contravention of section 13 or
section 14, the Collector may refund the whole penalty so paid.
Section 39 : Collector's power to stamp instruments impounded

(1) When the Collector impounds any instrument under section 33, or receives any instrument send to him under sub-
section (2) section 37, not being an instrument chargeable with a duty of twenty naye paise, or less, he shall adopt the
following procedure :-

(a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify by
endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped he shall require the
payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees; or,
if he thinks fit, an amount not exceeding ten times the amount of the proper duty or of the deficient portion
therefore, whether such amount exceeds or falls short of five rupees.

Provided that, when such instrument has been impounded only because it has been written in contravention of
section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section.

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 (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of
the matters stated therein.

(3) Where an instrument has been send to the Collector under sub-section (2) of section 37 the Collector shall, when he
has dealt with it is a provided by this section, return it to the impounding officer.
Section 40 : Instruments unduly stamped by accident

If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of twenty naye
paise or less is produced by any person of his own motion before the Collector within one year from the date of its execution or
first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and
offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is
satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity he
may, instead of proceeding under sections 33 and 39, receive such amount and proceed as next hereinafter prescribed.
Section 41 : Endorsement of instruments on which duty has been paid under section 34, 39 or 40

(1) When the duty and penalty (if any) leviable in respect of any instrument 1 [(not being an instrument referred to in
sub-section (1) of section 32A).] 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) 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 his application in this behalf to the person from
whose possession it came in to the hands of the officer impounding it or as such person may direct:

Provided that-
(a) no instrument which has been admitted in evidence upon payment of duty and 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;

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

________________________
1. These brackets, words, figures and letter were inserted by Guj. 21 of 1982 Section 17.
Section 42 : Prosecution for offence against stamp law

The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument 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 such 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.
Section 43 : Persons paying duty or penalty may recover same in certain cases

(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 of penalty so paid.

(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) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which
such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the
amount in such order, no further proceedings for the recovery of the amount shall be maintainable.

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Section 44 : Power to Revenue authority to refund penalty or excess duty in certain cases

(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) 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 1 [under section 32, section 34] or section 39, such authority may, upon
application in writing made by the party concerned within three months from the date of receipt of the order charging
the same, refund the excess.

________________________

1. These words and figures were substituted for the words and figures "Under Section 34" by Guj. 19 of 1965, Sec. 2.
Section 45 : Non-liability for loss of instruments send under section 37

(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) 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.
Section 46 : Recovery of duties, penalties and interest

1 [46. Recovery of duties, penalties and interest.

(1) Where any person required to pay any amount of duty, penalty or other sums under this Act does not pay within the
time prescribed for its payment he shall be liable to pay simple interest at the rate of 2 [fifteen per cent], per annum on
such amount or on any less amount thereof for the period for which such amount remains unpaid.
(2) All duties, penalties, interest and other sums required to be paid under this Act may be recovered by the Collector by
distress and sale of the movable or immovable property of the person from whom the same are due, or as an arrears of
land revenue.]

_________________________

1. Section 46 was substituted by Guj. 13 of 1994 Sec. 8.

2. This words were substituted for the words "24%" by Guj. 5 of 20002, Sec. 3 w.e.f. 1-4-2002.
Section 46A : Furnishing of statement, return and information

1[46A. Furnishing of statement, return and information-

(1) The Collector may, for the purpose of this Act, require any trading member of any stock exchange or an association
as defined in clause (a) of section 2 of the Forward Contract (Regulation) Act, 1952 (74 of 1952) or any organisation,
institute, company or association or any person liable to pay duty under any Article of Schedule I, to submit a statement
or return or to furnish any information in respect of any transaction within such period as may be prescribed by rules.

(2) Where any trading member, organisation, institute, company, association or any person fails to submit a statement
or return or information as required under sub-section (1) within the prescribed time, the Collector any, without
prejudice to provisions of this Act, after giving an opportunity of being heard, impose on such person a penalty of a sum
not exceeding rupees five thousand for such default.]
_____________________________________________

1. Inserted by the Bombay Stamp (Guj. IInd Amendment) Act 2007 Sec. 7.

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Section 47 : Allowance for spoiled stamps

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 undersignedly 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;

(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;

(c) the stamp used for an instrument executed by any party thereto which -

(1) has been afterwards found to be absolutely void in law from the beginning;

(2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally
intended;

(3) by reason of the death of any person by whom it is necessary the it should be executed, without having
executed the same, or of the refusal of any such person to execute the same, cannot be comp0leted so as to
effect the intended transaction in the form proposed;

(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;

(5) by reason of the refusal of any person to act under the same, or it to advance any money intended to be
there by secured, or by the refusel or non-accep0tance of any office thereby granted totally fails of the intended
purpose;

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 (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;

(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;

(8) is inadvetently and undersigndly 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, 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 to be
cancelled.

Explanation,- The certificate of the Collector under section 32 that the full duty with which an instrument is
chargeable has been paid is an impressed stamp within the meaning of this section.
Section 48 : Period within which Application for relief under section 47 to be made

1 [48. Period within which Application for relief under section 47 to be made.
The application for relief under Sec. 47 shall be made within the following period, that is to say,-

(a) in the cases mentioned in sub-clause (5) of clause (c), within six months from the date of execution of the
instruments;

(b) in the case of an instrument substituted by another and not presented for cancellation, within six months from
the date of execution of the substituting instrument;

(c) in all other cases, within six months from the date of purchase of impressed stamps."]

________________________

1. Sec. 48 was substituted by Guj. 19 of 2001 Section 4 w.e.f. 1-9-2001.

Section 49 : Allowance in case of printed forms no longer required by corporations

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 instruments 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.
Section 50 : Allowance for misused stamps

(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

(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 six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by
the person by whom it was first or a lone 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.
Section 51 : Allowance for spoiled or misused stamp-how to be made

In any case in which allowance is made for spoiled or misused stamps the Collector may give in lieu thereof-

(a) other stamps of the same description and value; or,

(b) if required and he thinks fit, stamps of any other description to the same amount in value; or,

(c) at his dicretion, the same value in money, deducting ten naye paise for each rupee or fraction of a rupee.

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Section 52 : Allowance for stamps not required for use

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 ten naye paise for each rupee or portion of a rupee, 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

(b) that he has paid the full price thereof; and

(c) that they were so purchased within the period of six months next preceding the date on which they were so
delivered:

Provided that, where the person is a licensed vendor of stamps, the Collector may if he thinks fit, make the
repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
Section 52A : Allowances for stamps in denominations of annas

1 [52A. Allowances for stamps in denominations of annas.

Notwithstanding anything contained in section 52, when any person is possessed of a stamp or stamps in any
denominations, other than in denominations of annas four or multiples thereof and such stamp or stamps has or have not
been spoiled, the Collector shall reply to such person the value of such stamp or stamps in money calculated in
accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 10906 (III of 1906), upon
such person delivering up, within six months from the commencement of this Act such stamp or stamps to the Collector.]
________________________

1. Sec. 52A was inserted by Bom. 95 of 1958 Section 4.

Section 52B : Refund of value of refugee relief stamps

1 [52B. Refund of value of refugee relief stamps.

Notwithstanding anything contained in section 52, when any person is possessed of stamps bearing the inscription
"refugee relief" (being stamps issued in pursuance of section 3A as inserted by the Bombay Stamp (Gujarat Amendment)
Act, 1971 (President's Act No. 12 of 1971) before it ceased to have effect and such stamps have not been spoiled, the
Collector shall, upon such person delivering up within six months from the commencement of the Bombay Stamp (Gujarat
Amendment) Act, 1976 (Guj. 5 of 1976) such stamps to the Collector, refund to such person the value of such stamps in
money.]

________________________
1. Sec. 52B was inserted by Guj. 5 of 1976 Sec. 4.
Section 52C : Invalidation of stamps and saving

1 52C. Invalidation of stamps and saving,-

Notwithstanding anything contained in Sections. 47, 50, 51 and 52,-

(a) any impresses stamps which have been purchased on or after the date of commencement of the Bombay Stamp
(Gujarat Amendment) Act, 2001 (Guj. 19 of 2001) (hereinafter referred to as "the said date") shall be used or
presented for claiming allowance within a period of six months from the date of purchase, Any such stamps which
have not been used or no allowance has been claimed in respect thereof within the period of six months from from
the date of purchase shall be rendered invalid;

(b) any impressed stamps which have been purchased but have not been used or no allowance has been claimed in
respect thereof before the said date, may be used or presented for claiming the allowance under the relevant
provisions of the Act within a period of six months from the said date. The stamps which have not been used or
presented within the aforesaid period of six months shall be rendered invalid."
_____________________________

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 1. Section 52C was inserted by Guj. 19 of 2001 Sec. 5 w.e.f. 1-9-2001.
Section 53 : Control of and statement of case to Chief Controlling Revenue Authority

3. Control of and statement of case to Chief Controlling Revenue Authority

(1) The powers exercisable by a Collector under 1[Chapter III 6[XX] 7[***], Chapter IV and Chapter V] and under clause
(a) of the first proviso to section 27 shall in all cases be subject to the control of the chief Controlling Revenue
Authority:

3[Provided that the Chief Controlling Revenue Authority shall not entertain an application made by a person under
sub-section (1), unless,-

(a) such application is presented within a period of 4[ninety days] from the date of order of the Collector.

9["Provided that if the Chief Controlling Revenue Authority is satisfied that such person was
prevented for sufficient reasons from presenting the application within the period specified above,
he may allow such person to present the application within a further period of ninety days on
payment of non-refundable amount of rupees one thousand for every thirty days or part thereof".]

(b) such person deposits twenty-five per cent, of the amount of duty or as the case may be amount of
difference of duty payable by him in respect of subject matter of the instrument for which application has
been made:

8[***]

(2) If any Collector, acting under section 31 5[section 32A,] 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) Such authority 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. These words and figures were substituted for the words and figures Chapter IV and chapter V by Guj. 19 of 1965 Section 3.

2. These words were inserted by Guj. 13 of 1994 Section 9.

3. Proviso under Sec. 53(i) were added by Guj. 7 of 1999 Section 4 w.e.f. 1-4-99.

4. These words were substituted for "Six ty days" by Guj. 18 of 2004 Section 4 w.e.f. 11-6-2004.

5. These words, figures and letter were inserted by Guj. 21 of 1982 Section 18.

6. Inserted by the Guj. 13 of 1994 Sec. 9.

7. O m itted by the Bom . Stam p (Guj. IInd Am endm ent) Act, 2007 for the words 2"[ex cept sub-section (3) of section 32A]".

8. O m itted by the Bom . Stam p (Guj. IInd Am endm ent) Act, 2007 for the following :-

"Provided further that where in any particular case the Chief Controlling Revenue Authority is of the opinion that the deposit of the

am ount by the applicant m ay cause undue hardship to him , the authority m ay in its description, either unconditionally or subject to

such conditions as it m ay think fit to im pose, dispense with a part of the am ount deposited so however that the part of the am ount so
dispensed with shall not ex ceed fifty per cent, of the am ount deposited or required to be deposited.]"

9. Inserted by the Gujarat Stam p (Am endm ent) Act, 2016.

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Section 53A : Revision of Collector's decision under sections 32, 32A, 39 and 41

[53A. Revision of Collector's decision under sections 32, 32A, 39 and 41.

(1) Notwithstanding anything contained in sub-section (3) of section 32, sub-section (3) of section 32A, sub-section (2)
of section 39 and sub-section (2) of section 41, when through mistake or otherwise any instruments is charged with less
duty than leviable thereon, or is held not chargeable with duty, by the Collector, the Chief Controlling Revenue Authority
may, within a period of six years from the date of certificate of the Collector under sections 32, 32A, 39 or 41, as the
case may be, required the concerned party to produce before him the instrument and, after giving reasonable
opportunity of being heard to the party, examine such instrument whether any duty is chargeable or any duty is levied
less thereon and pass an order for recovery of the deficit duty, if any, from the concerned party. An endorsement shall
be made on the instrument after payment of such deficit duty.

(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 and such true
copy or abstract shall be deemed to be the original instrument for the purposes of this section.]

________________________

1. Sec. 53A was inserted, by Guj. 13 of 1994 Sec. 10.

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Section 54 : Statement of case by Chief Controlling Revenue Authority to High Court

(1) The Chief Controlling Revenue Authority may state any case referred to it under sub-section (2) of section 53, or
otherwise coming to its notice and refer such case, with its own opinion thereon, to the High Court.

1 [(1A) Notwithstanding anything contained in sub-section (1), any person aggrieved by the decision of the Chief
Controlling Revenue Authority under section 53 regarding the amount of duty with which any instrument is chargeable
may, if the amount of duty payable as a result of such decision in a case where the instrument is not charged with any
duty or the amount required to make up such duty in a case where the instrument is charged with insufficient duty,
exceeds rupees two thousand, by application presented within a period of sixty days from the date of such decision and
accompanied by a fee of rupees one hundred, require the Chief Controlling Revenue Authority to draw up a statement of
the case and refer it to the High Court and the Chief Controlling Revenue Authority Shall, within ninety days of the
receipt of such application, draw up a statement of the case and refer it to the High Court:
Provided that the Chief Controlling Revenue Authority may, if it is satisfied that the applicant was prevented by
sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented
within a further period not exceeding thirty days.]

(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.
2 [(3) The costs of any reference to the High Court made under sub-section (1A) which shall not include the fee for
making the reference shall be in the discretion of the High Court.]

________________________

1. Sub-Section (1A) was inserted by Guj. 19 of 1965, Sec. 4(i).

2. Sub-section (3) was inserted by Guj. 19 of 1965, Sec. 4(ii).
Section 55 : Power of High Court to call for further particulars as to case stated

If the Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions
raised thereby, the High Court may refer the case back to the Revenue Authority by which it was stated, to make such
additions thereto or alternations therein as the High Court may direct in that behalf.
Section 56 : Procedure in disposing of case stated

(1) The High Court upon the hearing of any such case shall decide the question raised thereby, and shall deliver its
judgment thereon containing the grounds on which such decision is founded.

1 [(2) The High Court shall send a copy of its judgment under the seal of the Court and the signature of Registrar to the
Chief Controlling Revenue Authority and the amount of duty chargeable on the instrument in respect of which the
reference was made shall be in accordance with such judgment.]

Note

In section 56 of the Act in its application to the Bombay and Kutch area and the Act as adapted and applied to the
Saurashtra area, in sub-section (1), for the words and figures "Chapter IV and Chapter V" the words and figures
"Chapter III, Chapter IV and Chapter V" have been substituted Gujarat Act XIX of 1965, section 10 w.e.f. dt. 18-06-
1965).

________________________

1. Sub-Section (2) was Substituted for the original by Guj. 19 of 1965 Sec. 5.
Section 57 : Statement of case by other Courts to High Court

(1) If any Court, other than the High Court, feels doubt as to the amount of duty to be paid in respect of any
instrument under clause (a) of 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.

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 (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) 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.
Section 58 : Revision of certain decisions of Courts regarding the sufficiency of stamps

(1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order admitting any
instrument in evidence as duly stamped or as not requiring a stamp or upon payment of duty and a penalty under
section 34, the Court to which appeals lie from, or references are made by, such first mentioned Court may, of its own
motion or on the application of the Collector, take such order into consideration.

(2) If such Court, after such consideration is of opinion that such instrument should not have been admitted in evidence
without the payment of duty and penalty under section 34, or without the payment of a higher duty and penalty than
those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is
chargeable, and may require any person in whose possession or power such instrument then is, to produce the same,
and may impound the same when produced.
(3) When any declaration has been recorded sub-section (2), the Court recording the same shall send a copy thereof to
the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of
such Court, shall also send him such instrument.

(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in
evidence, or in any certificate granted under section 41, or in section 42, prosecute any person for any offence against
the stamp law which the Collector considers him to have committed in respect of such instrument:

Provided that-

(a) no such prosecution shall be instituted where the amount including duty and penalty, which, according to the
determination of such Court, was payable in respect of the instrument under section 34, is paid to the Collector,
unless he thinks that the offence was committed with an intention of evading payment of the proper duty.
(b) except for the purposes of such prosecution no declaration made under this section shall affect the validity of
any order admitting an instrument in evidence, or of any certificate granted under section 41.
Section 59 : Penalty for executing, etc., instrument not duly stamped

(1) Any person executing or singing otherwise than as a witness any instrument chargeable with duty without the same
being duly stamped shall, on conviction for every such offence be punished with fine which may extend to five hundred
rupees:

Provided that, when any penalty has been paid in respect of any instrument under section 34, section 39 or section
58, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this
section in respect of the same instrument upon the person who paid such penalty.

(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who,
at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall, on
conviction be punished with fine which may extend to five hundred rupees.
Section 60 : Penalty for making false declaration on clearance list

Any person who in a clearance list makes a declaration which is false or which he either knows or believes to be false, shall, on
conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five
hundred rupees or with both.
Section 61 : Penalty for failure to cancel adhesive stamp

Any person required by section 12 to cancel an adhesive stamp, fails to cancel such stamp in the manner prescribed by the
section he shall, on conviction, be punished with fine which may extend to one hundred rupees.

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Section 62 : Penalty for omission to comply with provisions of section 28

Any person who, with intent to defraud the Government,-

(a) executes instrument in which all the facts and circumtances required by section 28 to be set forth in such
instrument are not fully and truly set forth; or

(b) being employed or concerned in or about the preparation of any instrument neglects or omits fully and truly to
set forth therein all such facts and circumtances; or

(c) does any other act calculated to deprive the Government of any duty or penalty under this Act, shall, on
conviction, be punished with fine which may extend to five thousand rupees.
Section 62A : Penalty for breach of provisions of section 68, sub-section (2)

1 [62A. Penalty for breach of provisions of section 68, sub-section (2).

Any person who commits a breach of the provisions of sub-section (2) of section 68 shall on conviction, be punished,-

(1) for a first offence with fine which may extend to five hundred rupees;

(ii) for a second offence, with fine which may extend to one thousand rupees, but which shall not be less than
two hundred rupees, and

(iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with
fine which may extend to two thousand rupees.

_________________________

1. Sections 62A & 62B were inserted by Guj. 19 of 1965 Sec. 6.

Section 62B : Non-disclosure of information by a public servant

1 [62B. Non-disclosure of information by a public servant.

(1) All particulars contained in any documents produced in accordance with this Act, or in any record of evidence given
in the course of any proceedings under this Act (other than proceedings before a Criminal Court), shall, save as provided
in sub-section (3), be treated as confidential, and notwithstanding anything contained in the Indian Entrance Act, 1872,
(1 of 1872) no Court shall, save as aforesaid be entitled to require any servant of the Government to produce before it
any such document or record or any part thereof, or to give evidence before it in respect thereof.

(2) If, save as provided in sub-section (3) any servant of the Government discloses any of the particulars referred to in
sub-section (1), he shall on conviction, be punished with imprisonment which may extend to six months or with fine or
with both.

(3) Noting contained in this section shall apply to the disclosure-

(a) of any such particulars in respect of any such documents, evidence, affidavit or deposition for the purpose of
any prosecution under the Indian Penal Code (XLV of 1960) or the Prevention of Corruption Act, 1947 (II of 1947), or
this act; or

(b) of any such particulars to the State Government or to any person acting in the execution of this Act, for the
purposes of carrying out the object of this Act; or
(c) of any such particulars when such disclosure is occasioned by the lawful employment under this Act of any
process for the service of any notice or the recovery of any demand; or

(d) of any such particulars to a Civil Court in any suit, to which the Government is a party, which relates to any
matter arising out of any proceeding under this Act; or

(e) of any such particulars where such particulars are relevant to any inquiry into the conduct of an official of the
Stamp Department to any person or persons appointed as Commissioners under the Public Servants (Inquiries) Act,
1850(XXXVII of 1850), or to any officer otherwise appointed to hold such inquiry or to a Public Service Commission
established under the Constitution when exercising its functions in relation to any matter arising out of such inquiry;
or

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 (f) of such particulars to an officer of the Central Government or a State Government as may be necessary for the
purpose of enabling that Government to levy or realise any tax or duty imposed by it.]

________________________

1. Sections 62A & 62B were inserted by Guj. 19 of 1965 Sec. 6.

Section 63 : Penalty for breach of rule relating to sale of stamps and for unauthorised sale

(a) Any person appointed to sell stamps who disobey any rule made under section 69; and

(b) any person not so appointed who sells or offers for sale any stamp1[other than a ten naye paise or five paise
adhesive stamp)], shall, on conviction, be punished with imprisonment for a term which may extend to six months or with
fine which may extend to five hundred rupees or with both.

_________________________

1. These brackets and words were inserted by Bom. 95 of 1958 Sec. 5.

Section 64 : Institution and conduct of Prosecutions

(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) The Chief Controlling Revenue Authority or any officer generally or specially authorised by it is this behalf, may stay
any such prosecution or compound any such offence.

(3) The amount of any such composition shall be recoverable in the manner provided by section 46.
Section 65 : Juridiction to try offences

No Court inferior to that of1* * * * a Magistrate of the second class shall try any offence under this Act.

________________________

1. The words "a Presidency Magistrate or" were omitted by the Gujarat Adaptation of Laws (State Concurrent Subjects) order,
1960.
Section 66 : Place of trial

Every such offence committed in respect of any instrument may be tried in any area in which such instrument is found as well
as in any area in which such offence might be tried under the Code of Criminal Procedure, 1898 (V of 1898).+
Section 67 : Books, etc., to be open to inspection

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 Collector to inspect for such purpose the registers,
books, papers, documents and proceedings and to take such notes and extracts as he may deem necessary without fee or
charge.
Section 68 : Collector's power to authorise officer to enter premises and inspect certain documents

1 [68. Collector's power to authorise officer to enter premises and inspect certain documents.

(1) The Collector may, where he has reason to believe that all or any of the instruments specified in Schedule I have not
been charged at all or incorrectly charged with duty leviable under this Act, authorise in writing any officer to enter
upon any premises where he has reason to believe that any registers, books, records, papers, documents, or
proceedings relating to or in connection with any such instruments are kept and to inspect them, and to take such

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 notes and extracts as such officer deems necessary, and if necessary, to seize them and to impound them under section
33.
(2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings
shall, when so required by the officer authorised under sub-section (1), produce them before such officer and at all
reasonable times permit such officer to inspect them and take the notes and extracts as he may deem necessary.]

________________________

1. Section 68 was substituted for the original by Guj. 19 of 1965, Sec. 7.

Section 69 : Power to make rules relating to sale of stamps

The State Government may make rules for regulating,-

(a) the supply and sale of stamps and stamped papers,

(b) the persons by whom alone such sale is to be conducted, and

(c) the duties and remuneration of such persons:

1 [Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps.]

______________________

1. This proviso was added by Bom. 95 of 1958. Sec. 6.

Section 70 : Power to make rule generally to carry out purpose of Act

The State Government may make rules to carry out generally the purposes of this Act, and may by such rules prescribed the
fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof.
Section 71 : Publication of rules

(1) All rules made under this Act shall be published in the Official Gazette.

(2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.
Section 72 : Delegation of certain powers

The State Government may by notification in the Official Gazette delegate-

(a) all or any of the powers conferred on it by section 2 (f), 33 (3) (b), 64, 69 and 75 to the Chief Controlling
Revenue Authority; and

(b) all or any of the powers conferred 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.
Section 73 : Saving as Court-fee

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.
Section 73A : Use of former State stamps permissible for certain period to be notified

[73A. Use of former State stamps permissible for certain period to be notified.

During the period commencing on the 1st day of Mau, 1960 and ending on the 31st day of March, 1962or such further
period as the State Government may by notification in the Official Gazette, specify and notwithstanding anything
contained in this Act or the rules made thereunder, any stamp whether adhesive or impressed issued by the Government

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 of Bombay before the 1st day or May 1960 may also be used in the State for the purposes of this Act as if it were duly
issued by the Government of Gujarat.]
Section 74 : Act not applicable to rates of stamp duty on bills of exchange, etc

For the avoidance of doubt, it is hereby declared that nothing in this Act shall apply to rates of stamp duty in respect of bills of
exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures,
proxies and receipts.
Section 75 : Act to be translated and sold cheaply

The State Government shall make provision for the sale of translation of this Act in the principal veracular languages of the
terristories administered by it at a price not exceeding twenty-five naye paise per copy.
Section 76 : Repeal of enactments

(1) The enactments specified in column 3 of Schedule II hereto annexed shall be repealed in the manner and to the
extent specified in column 4 thereof:

Provided that the repeal hereby made shall not affect-

(i) any right, title, obligation or liability already acquired, accrued or incurred or anything done or suffered,

(ii) any legal proceeding or remedy in respect of any such right, title, obligation or liability,

under the provisions of the enactments hereby repealed and any such proceeding may be instituted, continued
and disposed of and any such remedy may be enforced as if this Act had not been passed.

(2) Any appointment, notification, notice, order, rule or form made or issued under any of the enactments hereby
repealed shall be deemed to have been made or issued under the provisions of this Act, in so far as such appointment,
notification, notice, order, rule or form is not inconsistent with the provisions of this Act and shall continue in force,
unless and until it is superseded by an appointment, notification, notice, order, rule or form made or issued under this
Act.
(3) All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-
five naye paise or, as the case may be, multiples thereof and valid accordingly.
Schedule I : FIRST SCHEDULE

SCHEDULE-I

STAMP DUTY ON INSTRUMENTS AS APPLICABLE IN THE STATE OF GUJARAT

(See Section 3)

[BOM. STAMP (GUJ. IIND AMENDMENT) ACT, 2007 (11 OF 2007) W.E.F. 01-04-2007]

Description of Instrument Proper Stamp-duty

1. 12[***]

ADMINISTRATION -BOND, including a bond given 96[Three hundred rupees]

under the Indian Succession Act, 1925 (XXXIX of
2.
1925) or section 6 of the Government Saving
Banks Act, 1873, (v of 1873)

ADOPTION -DEED, that is to say any instrument 97[Two hundred rupees]

(other than a will) recording an adoption or
3.
conferring of purporting to confer an authority to
adopt.

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 AFFIDAVIT, including an affirmation of declaration 98[Fifty rupees]
4. in the case of persons by law allowed to affirm or
declare instead of swearing.

Exemptions

Affidavit to declaration in writing when made -

(a) as a condition of enrolment under the Army

Act, 1950 (XLVI of 1950) or the Air Force Act,
1950; (XLV of 1950)

(b) for the immediate purpose of being field or

used in any Court or before the officer of any
court; or

(c) for the sole purpose of enabling any person to

receive any pension or charitable allowance.

AGREEMENT OR MEMORANDUM OF AN
13[5.
AGREEMENT' OR ITS RECORDS

(a) if relating to the sale of a bill of exchange; Nil

(b) if relating to the purchase or sale of a One rupee for every ten thousand
Government security; rupees or part thereof of the values
of the security at the time of its
purchase or, as the case may be,
sale.

(c) if relating to the purchase or sale of shares,

strips, stocks, bonds, debentures, stocks or any
other marketable security of a like nature in or of
any incorporated company or other body
corporate-

(i) when such agreement or memorandum of an In the case of forward contracts

agreement is with or through a member or relating to the purchase or sale of
between members of a Stock Exchange securities, one rupee for every ten
recognised under the Securities Contracts thousand rupees or part thereof of
(Regulation) Act, 1956; (XLII of 1956.) the value of the security at the
time of its purchase or, as the case
may be, sale.

(ii) in other cases; One rupee for every ten thousand

rupees or part thereof of the value
of the security at the time of its
purchase or, as the case may be,
sale.

(d) if relating to the purchase or sale of cotton One rupee for every ten thousand
including cotton pods or kapas (unginned cotton). rupees or part thereof of the value
of the cotton at the time of its

(e) if relating to the purchase or sale of bullion or purchase or, as the case may be,

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 specie; sale.
One rupee for every ten thousand
rupees or part thereof of the value
of silver, gold or, as the case may
be, sovereigns.

(f) if relating to purchase or sale of oil seeds; One rupee for every ten thousand
rupees or part thereof of the value
of the oil seeds at the time of its
purchase or, as the case may be,
sale.

(g) if relating to the purchase or sale of yarn or One rupee for every ten thousand
any kind, non - mineral oils or spices; rupees or part thereof of the value
of such yarn, groundnut oil, other
non-mineral oil or, as the case may
be, spices.

(ga) if relating to giving authority or power to a 76[Three rupees and fifty paise] for
promoter or a developer; by whatever name every hundred rupees or part
called, for construction on; or development of, or thereof of the market value of the
sale or transfer (in any manner whatsoever) of, property which is the subject
any immovable property. matter of such agreement;

PROVIDED that the provisions of

section 32A shall, mutatis mutandis,
apply to such agreement,
memorandum or records thereof or
as they apply to an instrument
under that section:

PROVIDED further that if the proper

stamp duty is paid under clause (g)
of article 45 on a power of attorney
executed between the same parties
in respect of the same property,
then the stamp duty under this
article shall be one hundred rupees.

(gb) if relating to advertisement on radio, Subject to maximum of three lakh

television, cinema, cable network or any media rupees, fifty paise for every
other than newspapers. hundred rupees or part thereof on
the amount of consideration of
specified in such agreement.]

(h) if not otherwise provided for 99[Three hundred rupees.]

Exemption
Agreement or Memorandum of Agreement, or its
records
(a) for or relating to the purchase or sale of

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 goods or merchandise exclusively, not being an
agreement or memorandum of agreement
chargeable under entry (d), entry (e), entry (f) or
entry (g) of this Article or a note or memorandum
chargeable under Article 40;
(b) made in the from of tenders to the Central
Government for or relating to any loan.

AGREEMENT TO LEASE :-
(See Lease No. 30)]

AGREEMENT OR MEMORANDUM OF AGREEMENT

RELATING TO DEPOSIT OF TITLE DEEDS, PAWN,
14[6. PLEDGE OR HYPOTHECATION, that is to say any
instrument evidencing an agreement or
memorandum of agreement relating to -

(1) the deposit of title deeds or instruments

constituting or being evidence of the title to any
property whatever (other than a marketable
security), where such deposit has been made by
way of security for the repayment 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 -

(i) where the amount of loan or debt does not 69[***] twenty-five paise for
exceed Rs. 10,00,00,000 every hundred rupees or part
thereof.

(ii) where it exceeds Rs. 10,00,00,000 70[Subject to maximum of eight

lakh rupees], fifty paise for every
hundred rupees or part thereof.

(b) if such loan or debt is repayable not more Half the duty payable under sub-
than three months form the date of such clause (a).
instrument

(2) the pawn Or pledge or hypothecation of

movable property, where such pawn, pledge or
hypothecation has been made by way of security
for the repayment of money advanced or to be
advanced by way of loan or an existing or future
debt -

(i) where the amount of loan or debt does not 69[***], twenty-five paise for
exceed Rs.10,00,00,000 every hundred rupees or part
thereof.

(ii) where it exceeds Rs.10,00,00,000 70[Subject to maximum of eight

lakh rupees], fifty paise for every

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 hundred rupees or part thereof.]

ALTERATION OF ARTICLES OF ASSOCIATION of a A sum equal to the duty that would

Company 83[under the Companies Act, 2013 (18 have been leviable under Article 12
of 2013)] in consequence of increase of the as though the company's nominal
company's share capital Instrument of - share capital had been when the
7.
company was formed, equal to the
Exemption
total share capital so increased,
less the sum already paid under
Article 12.

Instrument of alteration of article of any

association not formed for profit and registered
84[under section 8 of the Companies Act, 2013"
(18 of 2013).]

ALTERATION OF MEMORANDUM OF ASSOCIATION

of Company, 85[under section 64 of the
8. Companies Act, 2013 (18 of 2013)] in
consequence of increase of company's share
capital, Installment of -

(a) if the memorandum of association has been Nil

accompanied 86[under section 10 of the
Companies Act, 2013" (18 of 2013)] by articles of
association on the alteration of which duty is paid
under article 7;

(b) if the memorandum of association has not The same duty as is leviable on the
been so accompanied and the duty is not so paid; memorandum of association under
clause (b) of Article 35 as though
the company's share capital, when
the company was formed, had been
equal to the total share capital so
increased, less the sum already
paid under the said clause (b).

Exemption
Instrument of alteration of memorandum of any
association not formed for profit and registered
87[under section 8 of the Companies Act, 2013
(18 of 2013)].

APPOINTMENT IN EXECUTION OF A POWER;

9.
where made by any writing not being a will -

(a) of trustees 100[Three hundred rupees]

(b) of property movable or immovable 101[Three hundred rupees]

APPRAISEMENT OR VALUATION made otherwise 102[Three hundred rupees]

10. than under an order of the Court in the course of
a suit.

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 Exemptions
(a) Appraisement or valuation made for the
information of one party only, and not being in
any manner obligatory between parties either by
agreement or operation of law.
(b) Appraisement of crops for purpose of
ascertaining the amount to be given to a landlord
as rent.

APPRENTICESHIP - DEED, including every writing 103[Three hundred rupee]

relating to the service or tuition of any
11. apprentice, clerk or servant, placed with any
master to learn any profession, trade or
employment.

Exemption

Instrument of apprenticeship by which a person is

apprenticed by or at the charge of any public
charity.

12. ARTICLES OF ASSOCIATION OF A COMPANY -

77[Where the Company has no share capital or 78[Subject to maximum of five lakhs
nominal share capital. rupees, fifty paise for every
hundred rupees or part there of]

Exemption
Articles of Association of any company not
formed for profit and registered 88[under section
8 of the Companies Act, 2013" (18 of 2013)].
See also Memorandum of Association (No. 35).
ASSIGNMENT See Conveyance (No. 20), Transfer
(No. 56) and Transfer of Lease (No. 57) as the
case may be.
ATTORNEY, See Power of Attorney (No. 45).
AUTHORITY TO ADOPT,
See Adoption Deed (No. 3)

AWARD, that is to say, any decision in writing by 104[Three hundred rupees]

an arbitrator or umpire, not being an award
13. directing a partition on a reference made
otherwise than by an order of the Court in the
course of a suit.

Exemption

Award under the Gujarat Municipalities Act, 1963

(Guj. 34 of 1964) section 268 or the Bombay
Hereditary Offices Act, 1874, (Bom. III of 1874.)
section 18.

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 20[14. BOND as defined by section 2(c) not being a
debenture and not being otherwise provided for
by this Act, or by the Bombay Court fees Act,
2004, (Guj. 4 of 2004) if the amount or value
secured by the bond

(i) does not exceed Rs. 10,00,00,000 69[***], twenty-five paise for
every hundred rupees or part
thereof.

(ii) where it exceeds Rs. 10,00,00,000 70[Subject to maximum of eight

lakh rupees], fifty paise for every
hundred rupees or part thereof.

See Administration Bond (No.2), Bottomry Bond

(No. 15) Customs Bond or Excise Bond (No. 23),
Indemnity Bond (No.29) Respondentia Bond
(No.50), Security Bond (No.51),

Exemption

Bond when executed 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 mensurn.]

BOTTOMRY BOND, that is to say, any instrument The same duty as a Bond (No. 14)
whereby the master of a sea - going ship borrows for the same amount.
15.
money on the security of the ship to enable him
to preserve the ship or prosecute her voyage.

CANCELLATION- Instrument of (including any 105[Three hundred rupees]

instrument by which any instrument previously
executed is cancelled), if attested and not
16. otherwise provided for.
See also Release (No.49), Revocation of
Settlement (No 52-B), Surrender of Lease
(No.55), Revocation of Trust (No. 58-B).

CERTIFICATE OF SALE - (in respect of each The same duly as is leviable oh a

property put up as a separate lot and sold) conveyance under Article 20 for a
granted to the purchaser of any property sold by market value equal to the amount
64[17.
public auction by a Civil or Ra venue Court or of she purchase money.]
Collector or other Revenue Officer or by an
officer, of Customs :-

18. CERTIFICATE OR OTHER DOCUMENT, evidencing 21[One rupee for every one
the right or title of the holder thereof, or any thousand rupees or part thereof of
other person either to any share, scrip or stock in the value of the share, scrip or
or any incorporated company, or other body stock.]

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 corporate, or to become proprietor of shares,
scrip or stock, in or of any such company or
body.

See also Letter of Allotment of Shares (No. 31).

71[Explanation.- For the purpose of this article,
the value of shares, scrip or stock includes the
amount of premium, if any.]

(1) CLEARANCE LIST, - relating to the The sum of duties payable under
transactions for the purchase or sate of Article 5 (b) or 39 (g), as the case
Government securities submitted to the clearing may be in respect of each of the
22[18A. house of a stock exchange. entries in such list on the value of
the securities calculated at the
making up price or the contract
price, as the case may be.

(2) CLEARANCE LIST, - relating to the The sum of duties payable under
transactions for the purchase or sale of a share, Article 5 (c) (i) or 39 (f), as the
script, stock, bond, debenture, debenture - stock ease may be, in respect of each of
or other marketable security of a like nature in or the entries in such list on the value
of an incorporated company or other body of the securities calculated at the
corporate submitted to the clearing house of a making up price or the contract
stock exchange whether recognized or not under price, as the case may be.
the Securities Contracts (Regulation) Act, 1956
XLII of 1956

CLEARANCE LIST, - relating to transactions for The sum of duties payable under
the purchase or sale of cotton submitted to the Article 5 (d) or 39 (a), as the case
18B. clearing house of a Cotton Association. may be in respect of each of the
entries in such list on the units of
transaction or part thereof.

CLEARANCE LIST, - relating to the transactions The sum of duties payable under
for the purchase or sale of bullion or species Article 5 (e) or 39 (b), as the case
18C. submitted to the clearing house of a Bullion may be, in respect of the entries in
Association. such list on the units of transaction
or part thereof.

CLEARANCE LIST, - relating to the transactions The sum of duties payable under
for the purchase or sale of oil seeds submitted to Article 5 (f) or 39 (c), as the case
18D. the clearing house of oil seed Association. may be, in respect of the entries in
such list on the units of transaction
or part thereof.

CLEARANCE LIST, - relating to the transactions The sum of duties payable under
for the purchase or sale of yarn of any kind, non Article 5 (g) or 39 (d), as the case
18E. mineral oil or spices of any kind. may be, in respect of the entries in
such list on the units of transaction
or part thereof.)

COMPOSITION -DEED, - that is to say, any 106[Three hundred rupees]

instrument executed by a debtor whereby he

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 conveys his property for the benefit of his
creditors or whereby payment of a composition or
dividend on their debts is secured to the
19. creditors, or whereby provision is made for the
continuance of the debtor's business, under the
supervision of inspectors
or under letters of licence for the benefit of his
creditors.

[(a) CONVEYANCE, not being a transfer charged 65[Three rupees and fifty five
or exempted 4[underArticle No. 56. relating to paise] for every Rs. 100 or part
immovable property.] thereof of the amount of the
24[20.] Exemption consideration for such conveyance

Assignment of copy-right by entry made under or, as the case may be, the market
the Copyright Act, 1957.(XIV of 1957.) value of the property which is the
subject matter of such conveyance
whichever is greater.]

1 [(aa) CONVEYANCE, not being a transfer Two rupees for every hundred
charged or exempted under article 56, relating to rupees or part thereof of the
movable property. amount of the consideration for
such conveyance or, as the case
may be, the market value of the
property which is the subject
matter of such conveyance
whichever is greater.]

24[(b)] CONVEYANCE (not being a transfer 65[Three rupees and fifty paise] for
charged or exempted under Article No.56) so far every Rs. 100 or part thereof of the
as it relates to premises of a co-operative society consideration for such conveyance
registered or deemed to have been registered or, as the case may be, the market
under the Gujarat Co-operative Societies Act, value of the property which is the
1961 (Guj. X of 1962) by such society in favour subject matter of such conveyance
of its member (whether in consequence of whichever is greater.]
purchase of. its shares or not) or by such member
in favour of another member (whether in
consequence of transfer of his shares to another
member or not)

24[(c)] CONVEYANCE (not being a transfer The same duty as is leviable under
charged or exempted under Article No.56) of the article 20 (b);]
property which is subject matter of the
conveyance so far it relates to premises -

(i) of a Corporation formed and registered under

the Bombay Non-Trading Corporation Act, 1959;
(Bom. xxvi of 1959); or

(ii) of a Board constituted under the Gujarat

Housing Board Act, 1961, (Guj . xviii of 1961) or
the Gujarat Rural Housing Board Act, 1972; (Guj.

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 22 of 1972); or
(iii) to which provisions of the Gujarat Ownership
Flats Act, 1973 apply by such Corporation, Board,
Society, Company or, as the case may be,
Association in favour of its member or as the case
may be, allottee (whether in consequence of
purchase of his share or not) or by, such member
or, as the case may be allottee in favour of
another member or allottee (whether in
consequence of transfer of his share to another
member or as the case may be, allottee or not

6[(cc) CONVEYANCE, (not being a transfer The stamp duty is payable under
charged or exempted under article No. 56) if clause (a) or (aa), as the case may
relating to both movable and immovable property. be.";]

5[(d) CONVEYANCE, 89[so far as it relates to the 72[Subject to maximum twenty-five

scheme, for reconstruction of the company or crores rupees]
companies involving merger or the amalgamation (i) an amount equal to 25[One per
of any two or more companies by an order of the cent], of the aggregate amount
National Company Law Tribunal under section 232 comprising of the market value of
of the Companies Act, 2013 (18 of 2013) or for share issued or allotted in exchange
amalgamation or dissolution of Banking Companies of or otherwise, or the face value
by an order of the Reserve Bank of India under of such shares, whichever is higher
section 44A of the Banking Regulation Act, 1949" and the amount of consideration, if
(10 of 1949] any, paid for such amalgamation, or
(ii) an amount equal to 25[One per
cent], of the true market value of
the immovable property situated in
the State of Gujarat of the
transferor company.
Whichever is higher.

66[Explanation I - For the purpose of this Article

73[and subject to sub-item (a) of item (ii) of
clause (f) of article 45], an agreements to sell an
immovable property or an irrevocable power of
attorney shall, in case of transfer of the
possession of such property before, at the time
of, or after the execution of such agreement or
power of attorney, be deemed to be a
conveyance and the stamp duty thereon shall be
chargeable accordingly :

Provided that the provisions of section 32 - A

shall apply mutatis mutandis to such agreement
or power of attorney as arc applicable to a
conveyance :
Provided further that where subsequently a

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 conveyance is executed in pursuance of such
agreement of sale, or an irrevocable power of
Attorney, the stamp duty, if any, already paid
and recovered on the agreement of sale or an
irrevocable power of Attorney which is deemed to
be a conveyance, shall be adjusted towards the
total duty leviable on the conveyance.]

67[Explanation II - For the purposes of this

Article, the expression "premises" means any land
or building or part of a building including any flat,
apartment, tenement, shop or warehouse therein
and includes ;-
(i) gardens, grounds and out houses, if any,
appertaining to such building or part of a building,
and
(ii) any fittings affixed to such building or part of
a building for the more beneficial enjoyment
thereof.]
66[Explanation III - for the purpose of clause
(d), the market value of share -
(a) in relation of the transferee company whose
shares are listed and quoted for trading on a
stock exchange, means the market value of share
as on the appointed date mentioned in the
scheme of amalgamation or when appointed date
is not so fixed, the date of 90[order of the
National Company Law Tribunal or, as the case
may be, the order of the Reserve Bank of India] .
(b) In relation to the transferee company, whose
shares are not listed or listed but not quoted for
trading on a stock exchange means the market
value of the share issued or allotted with
reference to the market value of share of the
transferor company,
(c) Where the transferee company and transferor
company, whose shares are not list or not listed
but not quoted for trading on stock exchange
means the face value of the share issued or
allotted with reference to the face value of share
of the transferee company.

COPY OR EXTRACT, certified to be a true copy or 107[Three hundred rupees]

extract by or by order of any public officer and
21.
not chargeable under the law for the time being in
force relating to court fees.

Exemptions

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 (a) Copy of any paper which a public officer is
expressly required by law to make or furnish for
record in any public office or for any public
purpose.
(b) Copy of, or extract from any register relating
to births, baptisms, namings, dedications,
marriages, tli-vorces, deaths or burials.

COUNTERPART OR DUPLICATE of any instrument 108[Three hundred rupees]

chargeable with duty and in respect of which the
proper duty has been paid.
22.
Exemption
Counterpart of any lease granted to cultivator
when such lease is exempted from duty.

CUSTOMS BOND OR EXCISE BOND, that is to say, 109[Three hundred rupees]

any bond given pursuant to the provisions of any
law for the time being in force or to the directions
of any officer of Customs or Excise for, or in
23.
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.

DECLARATION OF ANY TRUST,

See Trust (No. 58)

DELIVERY ORDER IN RESPECT OF GOODS, that is 29[One hundred rupees for

to say, any instrument entitling any person thousand rupees or part thereof]
therein named or his assigns or the holder
thereof, to the delivery of any goods lying in any
dock or port, in any warehouse in which goods
24.
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 30[when such
goods exceed in value one hundred rupees].

DEPOSIT OF TITLE - DEEDS -

See Agreement relating to Deposit of Title Deeds,
Pawn or pledge (No. 6)

DISSOLUTION OF PARTNER-SHIP-
See Partnership (No. 44)

DIVORCE, Instrument of, that is to say, any 110[Three hundred rupees]

25. instrument by which any person effects the
dissolution of his marriage.

DOWER-Instrument of, See Settlement (No. 52)

DUPLICATE, See Counterpart (No. 22).

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 EXCHANGE OF PROPERTY - Installment of - The same duty as is leviable on a
26.
conveyance under article 20 on the
market
EXCISE BOND, See Customs Bond or Excise Bond value of the property of the
(No. 23) greatest value.

FURTHER CHARGE,- Instrument of, that is to say,

27. any instrument imposing a further charge on
mortgaged property-

(a) When the original mortgage is one of the The same duty as is leviable on a
description referred to in clause (a) of Article 36 conveyance under Article 20 (a) for
(that is, with possession). the amount of further charge
secured by such instrument.

(b) when such mortgage is one of the description

referred to in clause (b) of Article 36 (that is,
without possession)-

(i) if at the time of execution of the instrument of 32[Three rupees and fifty paise] for
further charge possession of the property is given every Rs. 100 or part thereof for
under such instrument. the total amount of the charge
(including the original mortgage and
any further charge already made)
less the duty already paid on such
original mortgage and further
charge.

7 [(ii) if possession is not so given.

33[(a)Where the amount of further charge 69[***], twenty-five paise for

secured by such instrument does not exceed Rs. every hundred or part thereof;
10,00,00,000/-

(b) Where the amount of further charge secured 70[Subject to maximum of eight
by cash instrument exceeds Rs. 10,00,00,000/- lakh rupees], fifty paise for every
hundred rupees or part thereof.]

36[***]

GIFT-Instrument of not being a Settlement (No. The same duty as is leviable on a

52) or Will or Transfer No. (56) conveyance under article 20 market
24[28.]
value of the property which is the
subject-matter of the gift.

Provided that where an instrument

of gift contains any provision for
the revocation of the gift the value

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 of the property which is the subject
matter of the gift shall, for the
purposes of duty, be determined as
if no such provision were contained
in the instrument.

HIRING AGREEMENT or agreement for service.

(See Agreement No. 5)
Remission
Orders nos. 96 and 101 of Annexure H

INDEMNITY BOND. 111[Three hundred rupees]

29. INSPECTORSHIP - DEED.
See Composition Deed (NO. 19)

LEASE, including an under lease or sub-lease and

24[30.]
any agreement to let or sub -let. -

(a) Where by such lease the rent is fixed and no

premium is paid or delivered.

(i) Where the lease purports to be for a term of 8 [One Rupee for every hundred
less than one year. rupees, or part thereof] or the
whole amount payable or
deliverable under such lease.

(ii) Where the lease purports to be for a term of 8 [35[Two Rupee] for every hundred
not less than one year but not more than three rupees, or part thereof] for the
years; amount or value of the average
annual rent reserved.

(iii) Where the lease purports to be for a term in The same duty as is leviable on a
excess of three years but not more than ten conveyance under Article 20 for the
years; amount or value of the average
annual rent reserved.

(iv) Where the lease purports to be tor a term in The same duty as is leviable on a
excess of ten years but not more than thirty conveyance under Article 20 for
years; twice the amount or value of the
average annual rent reserved.

(v) Where the lease purports to be for a term in The same duty as is leviable on a
excess of thirty years but not more than ninety conveyance under Article 20 for
eight years; thrice the amount or value of the
average annual rent reserved.

(vi) Where the lease purports to be for a term in The same duly as is leviable on a
excess of ninety eight years; conveyance under Article 20 for
five times the amount or value of
the average annual rent reserved.

(vii) Where the lease purports to be in perpetuity; The same duty as is leviable on a
conveyance under Article 20 for
one fifth of the whole amount or

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 rents which would be paid or
delivered in respect of the first fifty
years of the lease.
(viii) Where the lease does not purports to be for The same duty as is leviable on a
any definite term; conveyance under Article 20 for the
amount or value of the average
annual rent which would be paid or
delivered for the first ten years if
the lease continued so long.

(b) where the lease is granted for a fine or The same duty as is leviable on a
premium or for money advanced or to be conveyance under Article 20 for the
advanced and where no rent is reserved. amount or value of such fine or
premium or advances as set forth in
the lease.

(c) Where the lease is granted for a fine or The same duty as is leviable on a
premium or for money advanced or to be conveyance under Article 20 for the
advanced in addition to rent reserved amount or value of such fine or
premium or advance 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 where an agreement to lease
is stamped with advalorem stamp
required for a lease and a lease in
pursuance of such agreement, is
subsequently executed, the duty
on such lease shall not exceed ten
rupees.

(d) Where the lease relates to movable property. Two rupees for every hundred
rupees of part thereof on the
amount of average annual rent plus
the total amount of fine or premium
or money advanced or to be
advanced, irrespective of the
period for which such lease or
agreement to lease is executed.

Explanation I

Rent paid in advance shall be deemed to be

premium or money advanced within the meaning
of this article unless it is specifically provided in
the lease that rent paid in advance will be set off
towards the last installment or installments of
rent.

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 Explanation II
When a lessee undertakes to pay any recurring
charge such as Government revenue, landlord's
share of cesses, or the owner's share of municipal
rates of taxes, which is by law recoverable from
the less or, the amount so agreed to be paid by
the lessee, shall be deemed to be part of the
rent.

LEAVE AND LICENCE AGREEMENT relating to Fifty paise for every hundred
immovable property other than the residential rupees or part thereof on the whole
property. amount payable or deliverable plus
the total amount of fine or premium
2 [30A.
or money advanced or to be
advanced irrespective of the period
for which such leave and licence
agreement is executed.]

LETTER OF ALLOTMENT OR RENUNCIATION OF 37[One rupee for every one

31. SHARES, in any company or proposed company, thousand rupees or part thereof of
or in respect of any loan to be raised by any the value of the shares]
company or proposed company.

See also Certificate or other Document (No. 18)

LETTER OF GUARANTEE. 112[Three hundred rupees]

32. Remission
Serials No. 22

LETTER OF LICENCE, that is to say, any 113[Three hundred rupees]

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

34. MARRIAGE REGISTRATION 114[Two hundred rupees]

35. MEMORANDUM OF ASSOCIATION OF A COMPANY.

(a) if accompanied by articles of association 115[Three hundred rupees]

91[under section 10 of the Companies Act, 2013"
(18 of 2013)]

(b) if not so accompanied The same duty as is leviable on

article of Association under Article
12 according to the share capital of
the company.

Exemption
Memorandum of any association not formed for
profit and registered 92[under section 8 of the
Companies Act, 2013" (18 of 2013)]

MORTGAGE - DEED, not being an Agreement

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 relating to Deposit of Title-Deeds, Pawn or Pledge
24[36.] (No. 6), Bottomry Bond (No. 15), Mortgage of a
Corp (No. 37), Respondent Bond (No. 50) or
Security Bond (No. 51),

(a) when possession of the property or any part The same duty as is leviable on a
of the property comprised in such deed is [***] conveyance under clause (a) of
given, or is agreed to be given, by the mortgagor. Article 20 for the amount secured
Clause (b) & Explanation up to 31-7-98 by such deed.

42[(b) When possession of the property or any The same duty as is leviable under
part of the property comprised in such deed is article 6(1)(a).]
not given or not agreed to be given.

43[Explanation I - A mortgagor who gives to the

mortgage 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
Explanation II - For the purpose of this article,
the expression "residential purpose" means and
includes acquiring of land, constructing,
purchasing or repairing a dwelling house for own
use.]
9[***]

68[(c) when a collateral or auxiliary or additional Five rupees for every sum Rs. 1000
or substituted security, or by way of further secured or part thereof.]
assurance for the above mentioned purpose
where the principal or primary security is duly
stamped.

Exemptions

(1) Instrument executed by persons taking

advances under the Land Improvement Loans
Act, 1883 (XIX of 1883.) or the Agriculturists'
Loans Act, 1884, (XII of 1884.) or by their
sureties as security for the repayment of such
advances.
(2) Letter of hypothecation accompanying a bill
of exchange.

MORTGAGE OF A CROP, including any instrument

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

(a) when the loan is repayable not more than 44[Fifty paise] for every sum of Rs.
three months from the date of the instrument, 100 or part thereof secured by

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 such mortgage.
(b) When the loan is repayable more than three One rupee for every sum of Rs. 100
months but not more than eighteen months from or part thereof secured by such
the date of the instrument. mortgage.

NOTARIAL ACT, that is to say, any instrument, 116[Fifty rupees]

endorsement, note, attestation, certificate or
entry not being a Protest (No. 46) made or signed
38.
by a Notary in the execution of the duties of his
office, or by any other person lawfully acting as a
Notary.

See also Protest of Bill or Note (No. 46)

NOTE OR MEMORANDUM, sent by a Broker or

45[39. Agent to his principal intimating the purchase or
sale on account of such principal -

(a) of cotton including cotton pods or Kapas One rupee for every ten thousand
(Unginned Cotton) rupees or part thereof of the value
of cotton at the time of its
purchase or, as the case may be,
sale.

(b) of bullion or specie One rupee for every ten thousand

rupees or part thereof of the value
of silver, gold or as the case may
be, sovereigns at the time of its
purchase or, as the case may be,
sale.

(c) of oil-seeds One rupee for every ten thousand

rupees or part thereof of the value
of soil seeds at the time of its
purchase or, as the case may be,
sale.

(d) of yarn of any kind, non-mineral oil or spices One rupee for every ten thousand
of any kind. rupees or part thereof of the value
of such yarn, ground-nut oil, other
non-mineral oil or spices at the time
of its purchase or, as the case may
be, sale.

(e) Of any other goods exceeding in value twenty Nil.

rupees in value.

(f) of any share, scrip, stock bond, debenture One rupee for every ten thousand
stock or other marketable security of a like nature rupees or part thereof of the value
exceeding in value twenty rupees in value not of the security at the time of its
being a Government security. purchase or, as the case may be,
sale.

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 (g) of a Government security 117[Three hundred rupees].]

46[Explanation - The record of transaction

(electronic or otherwise) effected by the firm for
itself or by a proprietor for himself, as defined in
clause (a) of section 2, of the forward contract
(Regulation) Act, 1952 shall deemed to be a note
or memorandum for the purpose of this Article.]

NOTE or ENTRY in records made or a LETTER The same duty as AGREEMENT

written BY CREDITOR, relating to the deposit of RELATING TO DEPOSIT OF TITLE
title deeds to serve as evidence of the title to DEEDS (No. 6)
40. any property whatsoever (other than marketable
security) where there is no agreement of
memorandum of agreement relating to deposit of
such title deeds.

NOTE FOR PROTEST BY THE MASTER OF A SHIP - 118[Three hundred rupees]

41.
See also protest by the Master of a ship (No. 47).

ORDER FOR THE PAYMENT OF MONEY not being a

42. Bill of Exchange within the meaning of the INDIAN
STAMP ACT, 1899. (II of 1899.) -

(a) Where payable otherwise than on demand but 48[Five rupee] for every Rs. 1,000
not more than one year after date or sight. or part thereof the amount of bill or
(b) Where payable at more than one year after note.
date or sight. The same duty as a Bond (No. 14)
for the same amount.

PARTITIONED - Instrument of as defined by The same duty as a Bond (no. 14)

section 2(m). for the amount of the market value
of the separated share of 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
shares, than one of such equal
shares) shall be deemed to be that
from which the other shares are
separated ;
Provided always that -
(a) when an instrument of partition
containing an agreement to divide
property in severally is executed
and a partition is effected in
pursuance of such agreement, the
duty chargeable upon the

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 instrument effecting such partition
shall be reduced by the amount of
43. duty paid in respect of the first
instrument, but shall not be less
than 48[One hundred rupees]
(b) where land is held on Revenue
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 ;
(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 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 49[One hundred
rupees.]

44. PARTNERSHIP
79[(1) 93[Instruments of any partnership
including, Limited Liability Partnership and joint
Venture to run a business] -

(a) Where such share of capital is brought in by Subject to maximum of ten

way of cash. thousand rupees, one rupee for
every hundred rupees or part
thereof of the amount of the
capital of partnership.

(b) Where such share of capital is brought in by The same duty as is leviable on a
way of immovable property. conveyance under Article 20 for the
market value of such immovable
property.

(c) Where such share of capital is brought in by The same duty as is leviable under
way of cash and immovable property. sub-clauses (a) and (b)
respectively.]

(2) (a) Alteration in the constitution of the A Sum equal to the duty that would
partnership in consequence of increase of the have been leviable under clause (I)
capital of the partnership 94[including. Limited as though capital of the partnership
Liability Partnership and joint Venture to run a had been, when the partnership
business], Instrument of was formed, equal to the capital so

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 in-creased, less sum already paid
under clause (1).
(b) Alteration in the constitution of the 119[Two hundred rupees]
partnership 94[including, Limited Liability
Partnership and joint Venture to run a business]
in consequence of any reason other than that
referred to in sub-clause (a), Instrument of

(3) Dissolution of 94[Partnership or retirement of The same duty as is leviable on

partner including, Limited Liability Partnership and conveyance under Article 20 for the
joint Venture to run a business]- market value of such property or
one hundred rupees, whichever is
(a) where any immovable property is taken as his
share on dissolution of partnership by a partner more.
other than a partner who brought that property
as his share or contribution to partnership
94[inclusiveof. Limited Liability Partnership and
joint Venture to run a business,] .

(b) in any other case. 120[Two hundred rupees]

POWER OF ATTORNEY - as defined by section

45.
2(r), not being a proxy -

(a) when executed for the sole purpose of 121[Three hundred rupees]
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 proceedings under 121[Three hundred rupees]

the Presidency Small Cause Courts Act, 1882;
(XV of 1882)

(c) When authorising one person or more to act in 121[Three hundred rupees]
a single transaction other than the case
mentioned in clause (a);

(d) when authorising not more than five persons 121[Three hundred rupees]
to act jointly and severally in more than one
transaction or generally;

(e) when authorising more than five but not more 121[Three hundred rupees].
than ten persons to act jointly and severally in
more than one transaction or generally;

(f)24[74[(i)]] when given for consideration and The same duty as is leviable on a
authorizing the attorney to sell any immovable conveyance under Article 20 for the
property. amount of the consideration or, as
the case may be, the market value
71[(ii) when authorising to sell or transfer
of the immovable property
immovable property without consideration or
whichever is greater;
without showing any consideration, as the case
may be, -

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 (a) if given to the father, mother, brother, sister, 122[Three hundred rupees]
wife, husband, son, daughter, grandson,
granddaughter;

(b) in any other case The same duty as is leviable on a

conveyance under article 20 for the
amount of consideration or, as the
case may be, market value of the
immovable property whichever is
greater.]

"(g) When given to a promoter or developer; by 76[Three rupees and fifty paise] for
whatever name called, for construction on; or every hundred rupees or part
development of, or sale or transfer (in any thereof of the market value of the
manner whatsoever) of, any immovable property. property which is the subject
matter of such power of attorney.

Provided that the provisions of

section 32A shall mutatis mutandis
apply to such instrument of power
of attorney as they apply to a
Conveyance under that section :
Provided further that when proper
stamp duty is paid under clause
(ga) of article 5, on an agreement
or records thereof or memorandum
of an agreement executed between
the same parties and in respect of
same property, the duty chargeable
under this clause shall be rupees
one hundred.;

(h) in any other case 122[Three hundred rupees] for each

person authorised.

Explanation I : For the purposes of this article,

more persons than one when belonging to the
same firm shall be deemed to be one person.
Explanation - II : The term "registration' '
includes every operation incidental to registration
under the Registration Act, 1908. (XVI of 1908)

Explanation - III : Where under clause 10[(f)]

duty has been paid on the power of attorney, and
a conveyance relating to that property is
subsequently executed in pursuance of the power
of attorney between the executants of the power
of attorney, and the person in whose favour it is
executed, the duty on conveyance shall be the
duty calculated on the market value of the

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 property reduced by duty paid on the power of
attorney.

PROTEST OF BILL, OR NOTE, that is to say, any 123[Three hundred rupees]

declaration in writing made by a Notary or other
46.
person lawfully acting as such, attesting the
dishonor of Bill of Exchange or promissory note.

PROTEST BY THE MASTER OF A SHIP, that is to 123[Three hundred rupees]

say, any declaration of the particulars of her
voyage drawn up by him with a view to the
adjustment of losses or the calculation of
averages, and evey declaration in writing made
47. by him against the charters or the consignees for
not loading or unloading the ship when such
declaration is attested or certified by a Notary or
other person lawfully acting as such.
See also Note of Protest by the Master of a ship
(No. 41).

48. RECONVEYANCE OF MORTGAGED PROPERTY - 124[Three hundred rupees]

54[48A. RECORD OF TRANSACTION (electronic or

otherwise effected by a trading member through
a stock exchange or the association, -

(a) If relating to sale and purchase of 123[Three hundred rupees]

Government Securities.

(b) If relating to purchase or sale of securities,

other than those falling under item (a) above,-

(i) in case of delivery One hundred rupees for every ten

thousand rupees or part thereof.

(ii) in case of non- delivery Twenty paise for every ten

thousand rupees or part thereof.

(c) If relating to tutures and options trading Twenty paise for every ten
thousand rupees or part thereof.

(d) If relating to forward contracts of One rupee for every one lakh
commodities described in clauses (a) to (d) of rupees or part thereof.
Articles 39, traded through an association or
otherwise.

Explanation I- No duty shall be chargeable under

this article on agreement or its record or note or
memorandum, if proper duty is paid under article 5
or 39, as the case may be.
Explanation II- For the purpose of clause (b),
securities shall have the same meaning as defined
under the securities contract (Regulation) Act,
1956 (42 of 1956)]

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 75[49. RELEASE- that is to say, any instrument (not
being such a release as is provided for by section
24) whereby a person renounce a claim upon
another person or against any specified property-
(a) if the release deed of an ancestral property or 125[Two hundred rupees]
part thereof is executed by or in favour of brother
or sister (children of renouncer's parents) or son
or daughter or son of predeceased son or
daughter of predeceased son or father or mother
or spouse of the renouncer or the legal heirs of
the above relations;

(b) in any other case The same duty as is leviable on a

conveyance under article 20 for the
amount of consideration or, as the
case may be, market value of the
share, interest, part or claim
renounced in immovable property
whichever is greater.]

RESPONDENTIA BOND that is to say, any The same duty as a Bond (No. 14)
instrument securing a loan on the cargo laden or for the amount of the loan secured.
50. to laden on board a ship and making repayment
contingent on the arrival of the cargo at the port
of destination.

REVOCATION of any trust or Settlement See

Settlement (No. 52); Trust (No. 58)

SECURITY BOND OR MORTGAGE-DEED executed 126[Three hundred rupees]

by way of security for the due execution of an
office, or to account for money or other property
51.
received by virtue thereof or executed by a
surety to secure the due performance of a
contract

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 mansem;

(b) under the rules made by the State

Government under section 76 of the Bombay
Irrigation Act, 1879; (Bom Vn of 1879.)

(c) Executed by person taking advances under

the Land Improvement Loans Act, 1883, (XIX of
1883.) or the Agriculturists' Loan Act, 1884 (XII

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 of 1884.) or by their sureties as security for the
repayment of such advances;

(d) executed by officers of the Government or

their sureties to secure the due execution of an
office or the due accounting for money or other
property received by virtue thereof.

24[52.] SETTLEMENT -

A. - Instrument of (Including a deed of dower)-

(i) where the settlement is made for a religious or The same duty as a Bond (No. 14)
charitable purpose. for a sum equal to the amount or,
as the case may be, the market
value of the property settled.

(ii) in any other case, The same duty as is leviable on a

conveyance under Article 20 for the
amount or, as the case may be, the
market value of the property
settled;

Provided that where an agreement

to settle is stamped with the stamp
required for an instrument of
settlement and an instrument of
settlement in pursuance of such
Agreement is subsequently
executed, the duty on such
instrument shall not exceed the
57[one hundred rupees;]
Provided farther that where an
instrument of settlement contains
any provision for the revocation of
the settlement, the amount or, as
the case may be, the market value
of the property settled shall, for
the purpose of duty, be determined
as if no such provision were
contained in the instrument.

Exemption

Deed of dower executed on the occasion of a

marriage between Muham-madans.

B-Revocation of -

(i) In respect of settlement described in A (i) The same duty as a Bond (No.14)
above. for a sum equal to the amount or,
as the case may be, the market
value of the property concerned
but not exceeding 58[one hundred

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 rupees.]

(ii) in respect of" settlement described in A (ii) The same duty as is leviable on a
above. conveyance under Article 20 for the
amount or, as the case may be, the
market value of the property
concerned but not exceeding
59[one hundred rupees.]

SHARE WARRANTS to bearer issued 95[under the The same duty as a Bond (No.14)
53.
Companies Act, 2013 (18 of 2013)] for the same amount.

Exemption :

Share-warrant when issued by a company in

pursuance of the provisions of section 114 of the
Companies Act, 1956, (I of 1956) to have effect
only upon payment as composition for that duty,
to (he Collector of Stamp Revenue, of -
(a) One and a half per centum of the whole
subscribed capital of the company, or
(b) if any company which has paid the said duty
or composition in full, subsequently issues an
addition to its subscribed capital - one and a half
per centum of the additional capital so issued.

SCRIP, See Cerifaicate (No. 18)

81[54 *** ***]

55. SURRENDER OF LEASE - 127[Three hundred rupees]

Exemption :

Surrender of lease, when such lease is exempted

from duty.

TRANSFER (whether with or without

56.
consideration)-

(a) of debentures, being marketable securities Subject to a maximum of ten

whether the debenture is liable to duty or not thousand rupees, One rupees for
except debentures provided for by section 8 of every Rs. 100 or part thereof of the
the Indian Stamp Act, 1899. (II of 1899.) face amount of the debenture.

Explanation - For the purpose of this clause, the

term "debenture' includes debenture stock.

(b) of any interest secured by bond, mortgage - 128[Three hundred rupees]

deed or policy of insurance.

(c) of any property under the Administrators 128[Three hundred rupees]

General Act, 1963 (45 of 1963) section 22.

(d) of any trust property without consideration 128[Three hundred rupees]

from one trustee to another trustee or from a

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 trustee to a beneficiary.
Exemptions

Transfer by endorsement -
(a) of a bill of exchange, cheque of promissory
note;
(b) of a bill of lading, delivery order, warrant for
goods or other mercantile document of title of
goods;
(c) of a policy of insurance;
(d) of securities of the Central Government.

TRANSFER OF LEASE by way of assignment and The same duty as is leviable on a

not by way of under lease. Or way of decree or conveyance under Article 20)(a) for
final order passed by any civil court or any the amount of consideration for the
24[57. Revenue officer transfer, or as the case may be
Exemption market value of the immovable
Transfer of any lease exempt from duty. property which ever is greater]

58. TRUST -

A. Declaration of - of, or concerning any property 129[Three hundred rupees]

when made by any writing not being a will.

B. Revocation of - of, or concerning, any property 130[Three hundred rupees]

when made by any instrument other than a will.

(See also Settlement (No. 52))

VALUATION, SEE Appraisement (No. 10)

82[59. *** ***]

__________________________

1. Inserted by Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001.

2. Inserted by the Bombay Stamp (Guj. Amendment). Act. 2002 w.e.f.1-4-2002.

3. These words were substituted for the words "Eight rupees" by Gujarat Act 18 of 2004 w. e. f. 11.6.2004

4.Substituted for the words "under article No. 56" by Guj. Act. No. 19 of 2001w.e.f. 1-9-2001.

5. Substituted by the Bombay Stamp (Guj. Amendment) Act, 2002 w.e.f. 1-4-2002.

6.Insertedby Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001.

7.Substitutedby Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001.

8.Substitutedfor the words "The Same Duty as a Bond (No. 14) by the Bombay Stamp (Guj. Amendment). Act. 2002 w.e.f. 1-4-2002.

9.Explanation II and III Deleted by Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001.

10.Substitutedfor "(g)" by Guj. Act. No. 19 of 2001 w.e.f. 1-9-2001.

11. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (2) w.e.f. 01.04.2006 for the following :-

"Subject to a m ax im um of O ne hundred Rupees, four rupees for every hundred rupees or part thereof of the value of the bond."

12. Any person receiving - any money exceeding Rs. 5000 - any bill of exchange, cheque or promissory note exceeding Rs. 5000 or - any
movable property, in satisfaction of debt; shall give a duly stamped receipt for the same on demand by the person paying or delivering the

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 money - stamp duty receipt is Rs. 1 for Rs. 5000 and above as per Indian Stamp Act 53 w.e.f. 1994 Act 1 was Omitted w.e.f. 01.04.2006 for
the following :-

AC KNOWLEDGEMENT of a debt exceeding twenty rupees in Fifty paise"

amounts or value written or signed by, or on behalf of, a debtor
"1. in order to supply evidence of such debt in any book (other than
a banker's pass book) or on a separate piece of paper when such
book or paper is left in the creditor's possession ;

Provided that such acknowledgement does not contain any

promise to pay the debt or any stipulation to pay interest or to
deliver any goods or other property.

13. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (4) w.e.f. 01.04.2006 for the following :-

"5. AGREEMENT OR MEMO RANDUM OF AN AGREEMENT' OR ITS

RECO RDS

(a) if relating to the sale of a bill of ex change; Fifty paise

(b) if relating to the purchase or sale of a Governm ent security; Subject to a m ax im um of forty rupees,

twenty five paise for every rupees

10,000 or part thereof of the value of

the security at the tim e of its purchase

or sale, as the case m ay be.

(c) if relating to the purchase or sale of shares, scripts, stock s,

bonds, debentures, stock s or any other m ark etable security of a

lik e nature in or of any incorporated com pany or other body

corporate-

(i) when such agreem ent or m em orandum of an agreem ent is with In the case of forward contracts relating

or through a m em ber or between m em bers of a Stock Ex change to the purchase or sale of securities.
recognised under the Securities Contracts (Regulation) Act, 1956; (a) where that value of the Security at
(XLII of 1956.) the tim e of its purchase or sale, as the

case m ay be, does not ex ceed Rs.

2,500, twenty paise;

(b) where such value ex ceeds Rs. 2,500

thirty five paise for every 5,000 or part

thereof.

(ii) in other cases; Fifty paise on every Rs. 25,00 or pait

thereof of the value of the security at

the tim e of its purchase or sale as the

case m ay be.

(d) if relating to the purchase or sale of cotton including cotton Twenty five paise for every unit of

pods or k apas (unginned cotton). transaction or part thereof

(e) if relating to the purchase or sale of bullion or specie; (a) Ten paise for every unit of 10
Kilogram of Silver or Part tehreof.

(b) Forty paise for every unit of 1

k ilogram of gold or part thereof

(c) Seventy five paise for every unit of

250 sovreigns or part thereof.

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 (f) if relating to purchase or sale of oil seeds; Such rate not ex ceeding -

(i) Fifty paise for every 5,000 k ilogram s

of oilseeds or part thereof, where the

unit is 5,000 k ilogram s,

(ii) One rupee for every 10,000

k ilogram s of oil seeds or part thereof,

where the unit is 10,000 k ilogram s, or

(iii) Two rupees for every 25,000

k ilogram s of oilseeds or part thereof

where the unit is 25,000 k ilogram s.

as m ay be specified by the State

Governm ent by notification in the official

Gazette.

(g) if relating to the purchase or sale of yarn or any k ind, non - (1) In the case of yarn and spices such
m ineral oils or spices of any k ind; rate not ex ceeding one rupee for every

Rs. 2,500 or part thereof of the value of

yarn of any k ind or spices of any k ind

as m ay be specified by the State

Governm ent by notification in the

O fficial Gazette.

(2) In the case of groundnut oil or any

other non-m ineral oil such rate not

ex ceeding

(i) twenty five paise for every unit of

100 tins of such oil or part thereof,

where the unit of transaction is 100 tins,

each containing a quantity of oil

weighing approx im ately 16.50

k ilogram s, or

(ii) fifty paise for every 5,000 k ilogram s

of such oil or part thereof where the unit

is 5,000 k ilogram s, or

(iii) one rupee for every 10,000

k ilogram s of such oil or part thereof,

where the unit is 10,000 k ilogram s, or

(iv) Two rupees and twenty five paise

for every 25,000 k ilogram s of such oil

part thereof, where the unit is 25,000

k ilogram s, as m ay be specified by the

State Governm ent by notification in the

O fficial Gazette.

1 (ga) if relating to giving authority or power to a prom oter or a One rupee for every hundred rupees or

developer; by whatever nam e called, for construction on; or part thereof of the m ark et value of the
developm ent of, or sale or transfer (in any m anner whatsoever) property which is the subject m atter of

of, any im m ovable property. such agreem ent;

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 PRO VIDED that the provisions of section

32A shall, m utatis m utandis, apply to

such agreem ent, m em orandum or

records thereof or as they apply to an

instrum ent under that section :

PRO VIDED further that if the proper

stam p duty is paid under clause (g) of

article 45 on a power of attorney

ex ecuted between the sam e parties in

respect of the sam e property, then the

stam p duty under this article shall be

fifty rupees.

2 [(gb) if relating to advertisem ent on readio, television, cinem a, Subject to m ax im um of twenty-five

cable network or any m edia other than newspapers. thousand rupees, twenty-five paise for

(h) if not otherwise provided for every hundred rupees or part thereof on

the am ount of consideration of such

agreem ent.]

Fifty Rupees.

Ex em ption

Agreem ent or Mem orandum of Agreem ent, or its records

(a) for or relating to the purchase or sale of goods or m erchandise

ex clusively, not being an agreem ent or m em orandum of

agreem ent chargeable under entry (d) entry (e), entry (1) or entry

(g) of this Article or a note or m em orandum chargeable under

Article 40;

(b) m ade in the from of tenders to the Central Governm ent for or

relating to any loan.

Ex planation - For the purposes of entry (d) of this article unit of

transaction m eans the quantity of cotton weighing approx im ately

4,500 k ilogram s.

AGREEMENT TO LEASE :-

(See Lease No. 30)"

14. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (5) w.e.f. 01.04.2006 for the following :-

AGREEMENT O R MEMO RANDUM O F AGREEMENT RELATING TO

DEPO SIT O F TITLE DEEDS, PAW N, PLEDGE O R HYPO THECATIO N,

"6.
that is to say any instrum ent evidencing an agreem ent or

m em orandum of agreem ent relating to -

(1) the deposit of title deeds or instrum ents constituting or being

evidence of the title to any property whatever (other than a

m ark etable security), where such deposit has been m ade by way

of security for the repaym ent of m oney advanced or to be

advanced by way of loan or an ex isting or future debt -

(a) if such loan or debt is repayable on dem and or m ore than

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 three m onths from the date of the instrum ent evidencing the Fifty paise for every hundred rupees or

agreem ent - part thereof.

(i) where the am ount of loan or debt does not ex ceed Rs.

15,00,000 Subject to m ax im um of one lak h rupees

(ii) where it ex ceeds Rs. 15,00,000 one rupee for every hundred rupees or

part thereof.

(b) if such loan or debt is repayable not m ore than three m onths Half the duty payable under sub-clause

form the date of such instrum ent (a).

(2) the pawn Or pledge or hypothecation of m ovable property,

where such pawn, pledge or hypothecation has been m ade by way

of security for the repaym ent of m oney advanced or to be

advanced by way of loan or an ex isting or future debt -

(i) where the am ount of loan or debt does not ex ceed Rs.5,00,000 Nil

(ii) where it ex ceeds Rs.5,00,000 Subject to m ax im um of two lak hs rupees,

twenty paise for every hundred rupees or

part thereof"

15. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (6) w.e.f. 01.04.2006 for the words " Two hundred and Fifty
rupees"

16. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (7) w.e.f. 01.04.2006 for the words " Subject to a maximum of
One Hundred rupees, four rupees for every hundred rupees or pail thereof."

17. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (8) w.e.f. 01.04.2006 for the words "Fifty rupees"

18. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (9) w.e.f. 01.04.2006 for the words " Subject to minimum of one
thousand rupees and maximum of five lakhs rupees, fifteen paise for every hundred rupees or part thereof"

19. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (10) w.e.f. 01.04.2006 for the words " The same duty as a Bond
(No. 14) for the amount or value of the property to which the award relates subject to a maximum of forty rupees"

20. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (11) w.e.f. 01.04.2006 for the following :-

BO ND as defined by section 2(c) not being a debenture and not Six rupees for every Rs. 100 or pail

14. being otherwise provided for by this Act, or by the Bom bay Court thereof of the am ount or value secured

fees Act, 1959. (Bom . CXXVI of 1959). by the bond.

See Adm inistration Bond (No.2), Bottom ry Bond (No. 15) Custom s

Bond or Ex cise Bond (No. 23), Indem nity Bond (No.29)

Respondentia Bond (No.50), Security Bond (No.51),

Ex em ption

Bond when ex ecuted by any person for the purpose of

guaranteeing that the local incom e 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

m ensurn.

Rem ission

O rder no. 96 in Annex ure 'H'.

21. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (12) w.e.f. 01.04.2006 for the words "fifty rupees" and "two
rupees".

22. Inserted by the Gujrat 13 of 1994 S11(4) with addition duty 40 % on proper duty as per Sec. 3A i.e. 4.90%.

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 23. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2007 Sec. 2(1)(a)(b)(14) w.e.f. 01.04.2007 for the words "3 [Six rupees]".

24. With addition duty 40% on proper duty as per Sec. 3A i.e. 4.90%.

25. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (14) w.e.f. 01.04.2006 for the words "0.75 per cent".

26. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (15) w.e.f. 01.04.2006 for the words "twenty rupees".

27. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (16) w.e.f. 01.04.2006 for the words " The same duty as is
payable on the original subject to a maximum of Fifty rupees".

28. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (17) w.e.f. 01.04.2006 for the words " Subject to a maximum of
One hundred rupees, four rupees for every Rs. 100 or part thereof the amount of bond.".

29. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 18(a) w.e.f. 01.04.2006 for the words "twenty rupees".

30. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 18(a) w.e.f. 01.04.2006 for the words "when such goods exceed
in value twenty rupees."

31. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 19 w.e.f. 01.04.2006 for the words "five hundred rupees".

32. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2007 Sec. 2(1)(a)(c) w.e.f. 01.04.2007 for the words "3 [Six rupees]".

33. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (20)(ii) w.e.f. 01.04.2006 for the following :-

"Subject to m ax im um of two lak hs rupees, two rupees for every hundred rupees or part thereof, for the am ount of the further charge
secured by such instrum ent."

34. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (21) w.e.f. 01.04.2006 for the following :-

"Subject to maximum of 0ne hundred rupees, six rupees for every Rs. 100 or part thereof the amount secured."

35. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (22) w.e.f. 01.04.2006 for the words "Three rupees".

36. Omitted w.e.f. 01.04.2006.

37. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (23) w.e.f. 01.04.2006 for the words "Two rupees".

38. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (24) w.e.f. 01.04.2006 for the words "Sixty rupees".

39. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (25) w.e.f. 01.04.2006 for the words "Fifty rupees".

40. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (26) w.e.f. 01.04.2006 for the words "Two hundred nad fifty
rupees".

4 1 . Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (27) w.e.f. 01.04.2006 for the words "One Thousand rupees
rupees".

42. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (28)(a) w.e.f. 01.04.2006 for the following :-

"(b) When possession of the property or any part of the property Subject to m ax im um of rupees two lak hs, two rupees
com prised in such deed is not given or not agreed to be given. for every hundred rupees or part thereof for the
am ount secured by such deed."

43. The existing Explanation shall be re-numbered as Explanation I and after I as so renumbered, Explanation II and III was inserted by
Guj 9 of 1998 Sec. 4 (b) w.e.f. 01.08.1198 and deleted by Gujrat Act No. 19 of 2001 Sec. 6(4)(ii) w.e.f. 01.09.2001 and again Explanation II
inserted by Guj. 15 of 2003 Sec. 4 (2)(b) w.e.f. 01.04.2003.

44. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (29) w.e.f. 01.04.2006 for the words "Twenty five paise"

45. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (30) w.e.f. 01.04.2006 for the following :-

39. NO TE O R MEMO RANDUM, sent by a Brok er or

Agent to his principal intim ating the purchase

or sale on account of such principal -

(a) of cotton m oulding cotton pods or Kapas Twenty five paise for every unit of transaction or part

(Unginned Cotton) thereof

(b) of bullion or specie (a) Ten paise for every unit of 10 k ilogram s of silver or

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 part thereof.

(b) Forty paise for every unit of 1 k ilogram of gold or

part thereof.

(c) Seventy five paise for every unit of 250 sovereings

or part thereof.

(c) of oil-seeds Such rate not ex ceeding -

(i) Fifty paise for every 5,000 k ilogram s of oil seed or

part thereof, where the unit is 5,000 k ilogram s, or

(ii) O ne rupee for every 10,000 k ilogram s of oilseeds or

part thereof where the unit is 10,000 k ilogram s, or

(iii) Two rupees for every 25,000 k ilogram s of oilseeds

or part thereof where the units is 25,000 k ilogram s, as

m ay be specified by the State Governm ent by

notification in the official Gazette.

(d) of yarn of any k ind, non-m ineral oil or (1) In the case of yarn and spices, such rate not
spices of any k ind. ex ceeding one rupee for every Rs, 2,500 or part thereof

the value of yarn of any k ind or spices of any k ind as

m ay be specified by the State Governm ent by*

notification in the O fficial Gazette.

(2) In the case of groundnut oil or any other - non-

m ineral oil such rate not ex ceeding.

(i) twenty five paise for every unit of 100 tins of such oil
or part thereof, where the unit of transaction is 100 tins,

each containing a quantity of oil weighing

approx im ately 16.50 k ilogram 's or

(ii) fifty paise for every 5,000 k ilogram s of, such oil or

part thereof, where the unit is 5,000 k ilogram s, or

(iii) one rupee for every 10,000 k ilogram s of such oil or

part thereof where the unit is 10,000 k ilogram s, or

(iv) Two rupees and twenty five paise for every 25,000

k ilogram s of such oil or part thereof where the unit is

25,000 k ilogram s.

as m ay be specified by the State Governm ent by

notification in the O fficial Gazette,

(e) Of any other goods ex ceeding in value Fifty paise.

twenty rupees.

(f) of any share, scrip, stock bond, debenture (1) In the case of forward contracts relating to the

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 stock or other m ark etable security of a lik e purchase or sale of securities, thirty five paise for every

nature ex ceeding in value twenty rupees, not Rs. 5,000 or part thereof of the value of the security at
being a Governm ent security. the tim e of its purchase or sale, as the case m ay be.

(2) In any other case, twenty paise for every Rs. 2,500

or part thereof of the value of the security at the tim e

of its purchase or sale, as the case m ay be.

(g) of a Governm ent security Subject to a m ax im um of forty rupees, twenty five paise

for every 10,000 rupees or part thereof of the value of

the security at the tim e of its purchase or sale, as the

case m ay be.

Ex planation - For the purpose of entry (a) of

this Article unit of transaction m eans the

quantity of cotton weighing approx im ately

4,500 k ilogram s.

46. Inserted by the Bom. Stamp (Gujrat. Amendment) Act, 2007.

47. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (31) w.e.f. 01.04.2006 for the words "Twenty rupees".

48. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (32) w.e.f. 01.04.2006 for the words "One rupees" and "ten
rupees"

49. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (33) w.e.f. 01.04.2006 for the words "ten rupees."

50. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(b)(c)] w.e.f. 01.04.2006 for the words "two rupees."

51. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(a)] w.e.f. 01.04.2006 for the words " Subject to a minimum
of five hundred rupees and maximum of five thousand rupees, one rupee for every one hundred rupees or part thereof of the amount of
capital of partnership"

52. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(b)(c)] w.e.f. 01.04.2006 for the words "twenty rupees."

53. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (37) w.e.f. 01.04.2006 for the following :-

" Subject to a maximum of 0ne hundred rupees six rupees, for every Rs. 100 or part thereof of the consideration for which the
property was mortgaged."

54. Inserted by the Bom. Stamp (Gujrat IInd Amendment) Act, 2007 Sec. 9 (2).

55. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (38) w.e.f. 01.04.2006 for the following :-

"Subject to a maximum One hundred rupees six rupees for every Rs. 100 or part thereof of the amount or value of the claim."

56. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (39) w.e.f. 01.04.2006 for the following :-

"Subject to a maximum of Sixty rupees six rupees for every Rs. 100 or part thereof of the amount secured."

57. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(a)] w.e.f. 01.04.2006 for the words "Ten rupees."

58. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(b)] w.e.f. 01.04.2006 for the words "Ten rupees."

59. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(c)] w.e.f. 01.04.2006 for the words "Ten rupees."

60. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(c)] w.e.f. 01.04.2006 for the following :-

"Subject to a m ax im um of O ne hundred rupees, the duty with which such lease chargeable." and

"The same duty as a Bond (No. 14) for such amount or value of the interest as set forth in the transfer subject to u maximum of
fifty rupees." and

"Fifty rupees." and

"The sam e duty as a Bond (No. 14) on the m ark et value of the property held on trust subject to a m ax im um of fifty rupees."

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 61. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(44)(a)] w.e.f. 01.04.2006 for the following :-

"The same duty as a Bond (No. 14) for a sum equal to the amount or market value of the property which is the subject-matter of
the trust but not exceeding one hundred rupees."

62. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(44)(b)] w.e.f. 01.04.2006 for the following :-

"The same duty as a Bond (No. 14) for a sum equal to the amount or market value of the property which is the subject- matter of
the trust, but not exceeding fifty rupees."

63. These words were substituted for Clause (4) to (g) by Guj. 9 of 1998 S. 2(2) w.e.f. 01.09.1998.

64. W ith addition duty 40% on proper duty as per Sec. 3A i. e. 4.90%.

65. These words were substituted for "four rupees and twenty five paise' by Bom . Stam p (Guj. Am endm ent Act 2007 Sec. 2(1)(a)(b) (14) w.e.f.
01.04.2007.

66. These ex planation -III substituted by Guj. Act. no. 8 of 2000 S. 3(b) (iii) w.e.f. 01.04.2000.

67. Ex planation -I was inserted and ex isting ex planation re-num bered" Ex planation -II by Guj. 13 of 1994 - 12(5) (2).

68. O riginal clause (b) was relettered as clause (c) by Guj. 13 of 1994 S. 11(12) (2).

69. Deleted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013). Prior to deletion read as follows: "Subject to m ax im um of one lak h
rupees"

70. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following: "Subject to m ax im um of three lak h rupees"

71. Added by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

72. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following: "Subject to m ax im um of ten crores rupees"

73. Inserted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

74. Renum bered for "(f)" by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

75. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following:

"49. RELEASE, that is to say, any instrum ent (not 55[O ne hundred rupees.]"
being such a release as is provided for by

section 24) whereby a person renounces a

claim upon another person or against any

specified property.

76. Substituted for "O ne rupee" by the Gujarat Stam p (Am endm ent) Act, 2014 (w.e.f. 01-08-2014).

77. Clauses (a) to (g) substituted by Guj. Act No. 9 of 1998, s. 2(2) w.e.f. 1-8-1998. Prior to substitution Clauses (a) to (g) read as:

"(a) where the com pany has no capital or the nom inal share Five hundred rupees
capital does not ex ceed Rs. 1,00,000.

(b) W here the nom inal share capital ex ceeds Rs. 1,00,000 but Two thousand rupees
does not ex ceed Rs. 5,00,000.

(c) W here the nom inal share capital ex ceeds Rs. 5,00,000 but Five Thousand rupees.

does not ex ceed Rs. 15,00,000.

(d) W here the nom inal share capital ex ceeds Rs. 15,00,000 but Nine thousand rupees.

does not ex ceed Rs. 30,00,000.

(e) W here the nom inal share capital ex ceeds Rs. 30,00,000 but Fifteen thousand rupees.

does not ex ceed Rs. 50,00,000.

(f) W here the nom inal capital ex ceeds Rs. 50,00,000 but does Twenty thousand rupees.

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 not ex ceed Rs. 1,00,00,000.

(g) W here the nom inal share capital ex ceeds Rs. 1,00,00,000 Thirty thousand rupees."

78. Substituted by Guj. Act No. 14 of 2006, s. 5(9) (w.e.f. 1-4-2006).

79. Substituted by the Gujarat Stam p (Am endm ent) Act, 2014 (w.e.f. 01-08-2014). Prior to substitution, clause (1) read as:

(1) 51[Subject to a m ax im um of ten thousand rupees, one rupee for every hundred rupees or part
Instrum ent thereof of the am ount of capital of partnership
of -

80. Substituted for 'Two Hundred Rupees' by Guj. Act No. 14 of 2006, s. 5(34)(c) (w.e.f. 1-4-2006).

81. Article 54 deleted by Guj. Act No. 14 of 2006, s. 5(41) w.e.f. 1-4-2006. Prior to deletion, the article 54 read as:

"54. SHIPPING O RDER for or relating to the conveyance of goods on board on any Vessel. Fifty paise"

82. Article 59 deleted by Guj. Act No. 14 of 2006, s. 5(45) (w.e.f. 1-4-2006). Prior to deletion, the article 59 read as:

"59. W ARRANT FO R GO O DS, that is to say, any instrum ent evidencing O ne rupees"

the title of any person therein nam ed, or his assigns, or the holder

thereof, to the property in any goods lying in or upon any dock ,

warehouse or wharf, such instrum ent being signed or certified by or

on behalf of the person in whose custody such goods m ay be.

83. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 97 of the Com panies Act, 1956, (1 of 1956)"

84. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the Com panies Act, 1956. (1 of 1956)"

85. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 97 of the Com panies Act, 1956, (1 of 1956.)"

86. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 26 of the Com panies Act, 1956 (1 of 1956)"

87. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the Com panies Act, 1956 (1 of 1956)"

88. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the com panies Act, 1956. (1 of 1956)"

89. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"so far as it relates to reconstruction or am algam ation of com panies by an order of the High Court under section 394 of the Com panies
Act, 1956(1 of 1956)"

90. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"order of the High court"

91. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

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 "under section 26 of the Com panies Act, 1956. (I of 1956)"

92. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the Com panies Act, 1956 (1 of 1956.)"

93. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"Instrum ent of Partnership"

94. Inserted vide Gujarat Stam p (Am endm ent) Act, 2018.

95. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018.

"under the Com panies Act, 1956. (1 of 1956.)"

96. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"11 [O ne hundred Rupees]"

97. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"11 [O ne hundred Rupees]"

98. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"Twenty Rupees"

99. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees."

100. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees."

101. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"15[O ne hundred rupees.]"

102. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"16 [O ne hundred rupees.]"

103. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"17 [O ne hundred rupees.]"

104. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"19 [O ne hundred rupees.]"

105. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"21 [O ne Hundred Rupees]"

106. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"one hundred rupees"

107. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"26
[One hundred rupees]"
108. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"27 [O ne hundred rupees]"

109. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"28 [O ne hundred rupees]"

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 110. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"31 [O ne hundred rupees]"

111. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"34 [O ne hundred rupees]"

112. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"38 [O ne hundred rupees]"

113. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"39 [O ne hundred rupees]"

114. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"40 [O ne hundred rupees]"

115. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"41 [O ne hundred rupees]"

116. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"Twenty rupees"

117. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

118. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"47 [O ne hundred rupees]"

119. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"50 [O ne hundred rupees]"

120. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"80[O ne hundred rupees]"

121. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

122. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

123. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"52 [O ne hundred rupees.]"

124. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"53 [O ne hundred rupees]"

125. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

126. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"56 [O ne hundred rupees.]"

127. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"60 [O ne hundred rupees]"

128. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

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 "60 [O ne hundred rupees]"

129. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"61 [O ne hundred rupees]"

130. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"62 [O ne hundred rupees]"

Schedule I : FIRST SCHEDULE

1/djulka/LOCALS
Schedule I : FIRST SCHEDULE

1/Temp/FrontPageTempDir/l%20f1" DESIGNTIMESP="18345" DESIGNTIMEURL="dhtmled0:DOCUME

Schedule I : FIRST SCHEDULE

1/djulka/LOCALS
Schedule I : FIRST SCHEDULE

1/Temp/FrontPageTempDir/l%20f1">1 (ga) if relating to giving authority or power to a promoter or a developer; by whatever name called, for
construction on; or development of, or sale or transfer (in any manner whatsoever) of, any immovable property.
O ne rupee for every hundred rupees or part thereof of the m ark et value of the property which is the subject m atter of such agreem ent;

Â
Â

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PRO VIDED that the provisions of section 32A shall, m utatis m utandis, apply to such agreem ent, m em orandum or records thereof or as they apply to
an instrum ent under that section :

Â
Â
PRO VIDED further that if the proper stam p duty is paid under clause (g) of article 45 on a power of attorney ex ecuted between the sam e parties in

respect of the sam e property, then the stam p duty under this article shall be fifty rupees.

Â
Schedule I : FIRST SCHEDULE
1/djulk a/LO CALS

Schedule I : FIRST SCHEDULE

1/Tem p/FrontPageTem pDir/l%20f2" DESIGNTIMESP="18372" DESIGNTIMEURL="dhtm led0:DO CUME

Schedule I : FIRST SCHEDULE

1/djulk a/LO CALS

Schedule I : FIRST SCHEDULE

1/Tem p/FrontPageTem pDir/l%20f2">2 [(gb) if relating to advertisem ent on readio, television, cinem a, cable network or any m edia other than
newspapers.

(h) if not otherwise provided forÂ

Subject to m ax im um of twenty-five thousand rupees, twenty-five paise for every hundred rupees or part thereof on the am ount of consideration of
such agreem ent.]

Fifty Rupees.

Â
Ex em ption

Agreem ent or Mem orandum of Agreem ent, or its records

(a) for or relating to the purchase or sale of goods or m erchandise ex clusively, not being an agreem ent or m em orandum of agreem ent chargeable

under entry (d) entry (e), entry (1) or entry (g) of this Article or a note or m em orandum chargeable under Article 40;

Â
Â
Â
(b) m ade in the from of tenders to the Central Governm ent for or relating to any loan.

Â
Â
Ex planation - For the purposes of entry (d) of this article unit of transaction m eans the quantity of cotton weighing approx im ately 4,500 k ilogram s.

Â
Â
AGREEMENT TO LEASE :-

(See Lease No. 30)"

Â
14. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (5) w.e.f. 01.04.2006 for the following :-

AGREEMENT O R MEMO RANDUM O F AGREEMENT RELATING TO Â

DEPO SIT O F TITLE DEEDS, PAW N, PLEDGE O R HYPO THECATIO N,
"6.
that is to say any instrum ent evidencing an agreem ent or

m em orandum of agreem ent relating to -

(1) the deposit of title deeds or instrum ents constituting or being Â

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 evidence of the title to any property whatever (other than a
Â
 m ark etable security), where such deposit has been m ade by way

of security for the repaym ent of m oney advanced or to be

advanced by way of loan or an ex isting or future debt -

(a) if such loan or debt is repayable on dem and or m ore than Â

three m onths from the date of the instrum ent evidencing the Fifty paise for every hundred rupees or
agreem ent - part thereof.

 (i) where the am ount of loan or debt does not ex ceed Rs.

15,00,000 Subject to m ax im um of one lak h rupees

(ii) where it ex ceeds Rs. 15,00,000 one rupee for every hundred rupees or

part thereof.

(b) if such loan or debt is repayable not m ore than three m onths Half the duty payable under sub-clause
Â
form the date of such instrum ent (a).

(2) the pawn Or pledge or hypothecation of m ovable property, Â

where such pawn, pledge or hypothecation has been m ade by way Â
Â
of security for the repaym ent of m oney advanced or to be

advanced by way of loan or an ex isting or future debt -

 (i) where the am ount of loan or debt does not ex ceed Rs.5,00,000 Nil

(ii) where it ex ceeds Rs.5,00,000 Subject to m ax im um of two lak hs rupees,

 twenty paise for every hundred rupees or

part thereof"

15. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (6) w.e.f. 01.04.2006 for the words " Two hundred and Fifty
rupees"

16. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (7) w.e.f. 01.04.2006 for the words " Subject to a maximum of
One Hundred rupees, four rupees for every hundred rupees or pail thereof."

17. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (8) w.e.f. 01.04.2006 for the words "Fifty rupees"

18. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (9) w.e.f. 01.04.2006 for the words " Subject to minimum of one
thousand rupees and maximum of five lakhs rupees, fifteen paise for every hundred rupees or part thereof"

19. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (10) w.e.f. 01.04.2006 for the words " The same duty as a Bond
(No. 14) for the amount or value of the property to which the award relates subject to a maximum of forty rupees"

20. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (11) w.e.f. 01.04.2006 for the following :-

BO ND as defined by section 2(c) not being a debenture and not Six rupees for every Rs. 100 or pail

14. being otherwise provided for by this Act, or by the Bom bay Court thereof of the am ount or value secured

fees Act, 1959. (Bom . CXXVI of 1959). by the bond.

See Adm inistration Bond (No.2), Bottom ry Bond (No. 15) Custom s Â
 Bond or Ex cise Bond (No. 23), Indem nity Bond (No.29)

Respondentia Bond (No.50), Security Bond (No.51),

 Ex em ption Â
Bond when ex ecuted by any person for the purpose of

guaranteeing that the local incom e 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

m ensurn.

Rem ission

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 O rder no. 96 in Annex ure 'H'.

Â
21. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (12) w.e.f. 01.04.2006 for the words "fifty rupees" and "two
rupees".

22. Inserted by the Gujrat 13 of 1994 S11(4) with addition duty 40 % on proper duty as per Sec. 3A i.e. 4.90%.

23. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2007 Sec. 2(1)(a)(b)(14) w.e.f. 01.04.2007 for the words "3 [Six rupees]".

24. With addition duty 40% on proper duty as per Sec. 3A i.e. 4.90%.

25. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (14) w.e.f. 01.04.2006 for the words "0.75 per cent".

26. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (15) w.e.f. 01.04.2006 for the words "twenty rupees".

27. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (16) w.e.f. 01.04.2006 for the words " The same duty as is
payable on the original subject to a maximum of Fifty rupees".

28. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (17) w.e.f. 01.04.2006 for the words " Subject to a maximum of
One hundred rupees, four rupees for every Rs. 100 or part thereof the amount of bond.".

29. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 18(a) w.e.f. 01.04.2006 for the words "twenty rupees".

30. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 18(a) w.e.f. 01.04.2006 for the words "when such goods exceed
in value twenty rupees."

31. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 19 w.e.f. 01.04.2006 for the words "five hundred rupees".

32. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2007 Sec. 2(1)(a)(c) w.e.f. 01.04.2007 for the words "3 [Six rupees]".

33. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (20)(ii) w.e.f. 01.04.2006 for the following :-

"Subject to m ax im um of two lak hs rupees, two rupees for every hundred rupees or part thereof, for the am ount of the further charge
secured by such instrum ent."

34. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (21) w.e.f. 01.04.2006 for the following :-

"Subject to maximum of 0ne hundred rupees, six rupees for every Rs. 100 or part thereof the amount secured."

35. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (22) w.e.f. 01.04.2006 for the words "Three rupees".

36. Omitted w.e.f. 01.04.2006.Â

37. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (23) w.e.f. 01.04.2006 for the words "Two rupees".

38. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (24) w.e.f. 01.04.2006 for the words "Sixty rupees".

39. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (25) w.e.f. 01.04.2006 for the words "Fifty rupees".

40. Â Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (26) w.e.f. 01.04.2006 for the words "Two hundred nad fifty
rupees".

41. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (27) w.e.f. 01.04.2006 for the words "One Thousand rupees
rupees".

42. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (28)(a) w.e.f. 01.04.2006 for the following :-

"(b) When possession of the property or any part of the property Subject to m ax im um of rupees two lak hs, two rupees
com prised in such deed is not given or not agreed to be given. for every hundred rupees or part thereof for the
am ount secured by such deed."

43. The existing Explanation shall be re-numbered as Explanation I and after I as so renumbered, Explanation II and III was inserted by
Guj 9 of 1998 Sec. 4 (b) w.e.f. 01.08.1198 and deleted by Gujrat Act No. 19 of 2001 Sec. 6(4)(ii) w.e.f. 01.09.2001 and again Explanation II
inserted by Guj. 15 of 2003 Sec. 4 (2)(b) w.e.f. 01.04.2003.

44. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (29) w.e.f. 01.04.2006 for the words "Twenty five paise"

45. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (30) w.e.f. 01.04.2006 for the following :-

39. NO TE O R MEMO RANDUM, sent by a Brok er or Â

Agent to his principal intim ating the purchase

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 or sale on account of such principal -

 (a) of cotton m oulding cotton pods or Kapas Twenty five paise for every unit of transaction or part

(Unginned Cotton) thereof

 (b) of bullion or specie (a) Ten paise for every unit of 10 k ilogram s of silver or

part thereof.
Â
(b) Forty paise for every unit of 1 k ilogram of gold or

part thereof.

(c) Seventy five paise for every unit of 250 sovereings

or part thereof.

 (c) of oil-seeds Such rate not ex ceeding -

 (i) Fifty paise for every 5,000 k ilogram s of oil seed or

part thereof, where the unit is 5,000 k ilogram s, or

(ii) O ne rupee for every 10,000 k ilogram s of oilseeds or

part thereof where the unit is 10,000 k ilogram s, or

(iii) Two rupees for every 25,000 k ilogram s of oilseeds

or part thereof where the units is 25,000 k ilogram s, as

m ay be specified by the State Governm ent by

notification in the official Gazette.

 (d) of yarn of any k ind, non-m ineral oil or (1) In the case of yarn and spices, such rate not

spices of any k ind. ex ceeding one rupee for every Rs, 2,500 or part thereof

the value of yarn of any k ind or spices of any k ind as

Â
m ay be specified by the State Governm ent by*
notification in the O fficial Gazette.

(2) In the case of groundnut oil or any other - non-

m ineral oil such rate not ex ceeding.

(i) twenty five paise for every unit of 100 tins of such oil

or part thereof, where the unit of transaction is 100 tins,

each containing a quantity of oil weighing

approx im ately 16.50 k ilogram 's or

(ii) fifty paise for every 5,000 k ilogram s of, such oil or
part thereof, where the unit is 5,000 k ilogram s, or

(iii) one rupee for every 10,000 k ilogram s of such oil or

part thereof where the unit is 10,000 k ilogram s, or

  (iv) Two rupees and twenty five paise for every 25,000
k ilogram s of such oil or part thereof where the unit is
Â
25,000 k ilogram s.

as m ay be specified by the State Governm ent by

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 notification in the O fficial Gazette,

 (e) Of any other goods ex ceeding in value Fifty paise.

twenty rupees.

 (f) of any share, scrip, stock bond, debenture (1) In the case of forward contracts relating to the

stock or other m ark etable security of a lik e purchase or sale of securities, thirty five paise for every

nature ex ceeding in value twenty rupees, not Rs. 5,000 or part thereof of the value of the security at

being a Governm ent security. the tim e of its purchase or sale, as the case m ay be.

 (2) In any other case, twenty paise for every Rs. 2,500

or part thereof of the value of the security at the tim e

of its purchase or sale, as the case m ay be.

 (g) of a Governm ent security Subject to a m ax im um of forty rupees, twenty five paise

for every 10,000 rupees or part thereof of the value of

Â
the security at the tim e of its purchase or sale, as the

case m ay be.

 Ex planation - For the purpose of entry (a) of Â

this Article unit of transaction m eans the
quantity of cotton weighing approx im ately

4,500 k ilogram s.

46. Inserted by the Bom. Stamp (Gujrat. Amendment) Act, 2007.

47. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (31) w.e.f. 01.04.2006 for the words "Twenty rupees".

48. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (32) w.e.f. 01.04.2006 for the words "One rupees" and "ten
rupees"

49. Substituted by the Bom. Stamp (Gujrat. Amendment) Act, 2006 Sec. 5 (33) w.e.f. 01.04.2006 for the words "ten rupees."

50. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(b)(c)] w.e.f. 01.04.2006 for the words "two rupees."

51. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(a)] w.e.f. 01.04.2006 for the words " Subject to a minimum
of five hundred rupees and maximum of five thousand rupees, one rupee for every one hundred rupees or part thereof of the amount of
capital of partnership"

52. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. [5 (34)(b)(c)] w.e.f. 01.04.2006 for the words "twenty rupees."

53. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (37) w.e.f. 01.04.2006 for the following :-

"Â Subject to a maximum of 0ne hundred rupees six rupees, for every Rs. 100 or part thereof of the consideration for which the
property was mortgaged."

54. Inserted by the Bom. Stamp (Gujrat IInd Amendment) Act, 2007 Sec. 9 (2).

55. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (38) w.e.f. 01.04.2006 for the following :-

"Subject to a maximum One hundred rupees six rupees for every Rs. 100 or part thereof of the amount or value of the claim."

56. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 (39) w.e.f. 01.04.2006 for the following :-

"Subject to a maximum of Sixty rupees six rupees for every Rs. 100 or part thereof of the amount secured."

57. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(a)] w.e.f. 01.04.2006 for the words "Ten rupees."

58. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(b)] w.e.f. 01.04.2006 for the words "Ten rupees."

59. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(c)] w.e.f. 01.04.2006 for the words "Ten rupees."

60. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(43)(c)] w.e.f. 01.04.2006 for the following :-

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 "Subject to a m ax im um of O ne hundred rupees, the duty with which such lease chargeable." and

"The same duty as a Bond (No. 14) for such amount or value of the interest as set forth in the transfer subject to u maximum of
fifty rupees." and

"Fifty rupees." and

"The sam e duty as a Bond (No. 14) on the m ark et value of the property held on trust subject to a m ax im um of fifty rupees."

61. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(44)(a)] w.e.f. 01.04.2006 for the following :-

"The same duty as a Bond (No. 14) for a sum equal to the amount or market value of the property which is the subject-matter of
the trust but not exceeding one hundred rupees."

62. Substituted by the Bom. Stamp (Gujrat Amendment) Act, 2006 Sec. 5 [(44)(b)] w.e.f. 01.04.2006 for the following :-

"The same duty as a Bond (No. 14) for a sum equal to the amount or market value of the property which is the subject- matter of
the trust, but not exceeding fifty rupees."

63. These words were substituted for Clause (4) to (g) by Guj. 9 of 1998 S. 2(2) w.e.f. 01.09.1998.

64. W ith addition duty 40% on proper duty as per Sec. 3A i. e. 4.90%.

65. These words were substituted for "four rupees and twenty five paise' by Bom . Stam p (Guj. Am endm ent Act 2007 Sec. 2(1)(a)(b) (14) w.e.f.
01.04.2007.

66. These ex planation -III substituted by Guj. Act. no. 8 of 2000 S. 3(b) (iii) w.e.f. 01.04.2000.

67. Ex planation -I was inserted and ex isting ex planation re-num bered" Ex planation -II by Guj. 13 of 1994 - 12(5) (2).

68. O riginal clause (b) was relettered as clause (c) by Guj. 13 of 1994 S. 11(12) (2).

69. Deleted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013). Prior to deletion read as follows: "Subject to m ax im um of one lak h
rupees"

70. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following: "Subject to m ax im um of three lak h rupees"

71. Added by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

72. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following: "Subject to m ax im um of ten crores rupees"

73. Inserted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

74. Renum bered for "(f)" by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013).

75. Substituted by Gujarat Stam p (Am endm ent) Act, 2013 (Act No. 15 of 2013) for the following:

 "49. RELEASE, that is to say, any instrum ent (not 55[O ne hundred rupees.]"
being such a release as is provided for by
section 24) whereby a person renounces a

claim upon another person or against any

specified property.

76. Substituted for "O ne rupee" by the Gujarat Stam p (Am endm ent) Act, 2014 (w.e.f. 01-08-2014).

77. Clauses (a) to (g) substituted by Guj. Act No. 9 of 1998, s. 2(2) w.e.f. 1-8-1998. Prior to substitution Clauses (a) to (g) read as:

"(a) where the com pany has no capital or the nom inal share Five hundred rupees

capital does not ex ceed Rs. 1,00,000.

(b) W here the nom inal share capital ex ceeds Rs. 1,00,000 but Two thousand rupees

does not ex ceed Rs. 5,00,000.

(c) W here the nom inal share capital ex ceeds Rs. 5,00,000 but Five Thousand rupees.

does not ex ceed Rs. 15,00,000.

(d) W here the nom inal share capital ex ceeds Rs. 15,00,000 but Nine thousand rupees.

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 does not ex ceed Rs. 30,00,000.

(e) W here the nom inal share capital ex ceeds Rs. 30,00,000 but Fifteen thousand rupees.

does not ex ceed Rs. 50,00,000.

(f) W here the nom inal capital ex ceeds Rs. 50,00,000 but does Twenty thousand rupees.

not ex ceed Rs. 1,00,00,000.

(g) W here the nom inal share capital ex ceeds Rs. 1,00,00,000 Thirty thousand rupees."

78. Substituted by Guj. Act No. 14 of 2006, s. 5(9) (w.e.f. 1-4-2006).

79. Substituted by the Gujarat Stam p (Am endm ent) Act, 2014 (w.e.f. 01-08-2014). Prior to substitution, clause (1) read as:

 (1) 51[Subject to a m ax im um of ten thousand rupees, one  rupee for every hundred rupees or part
Instrum ent thereof of the am ount of capital of partnership
of -

80. Substituted for 'Two Hundred Rupees' by Guj. Act No. 14 of 2006, s. 5(34)(c) (w.e.f. 1-4-2006).

81. Article 54 deleted by Guj. Act No. 14 of 2006, s. 5(41) w.e.f. 1-4-2006. Prior to deletion, the article 54 read as:

"54. SHIPPING O RDER for or relating to the conveyance of goods on board on any Vessel.   Fifty paise"

82. Article 59 deleted by Guj. Act No. 14 of 2006, s. 5(45) (w.e.f. 1-4-2006). Prior to deletion, the article 59 read as:

"59. W ARRANT FO R GO O DS, that is to say, any instrum ent evidencing O ne rupees"

the title of any person therein nam ed, or his assigns, or the holder
thereof, to the property in any goods lying in or upon any dock ,

warehouse or wharf, such instrum ent being signed or certified by or

on behalf of the person in whose custody such goods m ay be.

83. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 97 of the Com panies Act, 1956, (1 of 1956)"

84. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the Com panies Act, 1956. (1 of 1956)"

85. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 97 of the Com panies Act, 1956, (1 of 1956.)"

86. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 26 of the Com panies Act, 1956 (1 of 1956)"

87. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the Com panies Act, 1956 (1 of 1956)"

88. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"under section 25 of the com panies Act, 1956. (1 of 1956)"

89. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

 "so far as it relates to reconstruction or am algam ation of com panies by an order of the High Court under section 394 of the Com panies

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 Act, 1956(1 of 1956)"

90. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"order of the High court"

91. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

 "under section 26 of the Com panies Act, 1956. (I of 1956)"

92. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

 "under section 25 of the Com panies Act, 1956 (1 of 1956.)"

93. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018 for the following:-

"Instrum ent of Partnership"

94. Inserted vide Gujarat Stam p (Am endm ent) Act, 2018.

95. Substituted vide Gujarat Stam p (Am endm ent) Act, 2018.

"under the Com panies Act, 1956. (1 of 1956.)"

96. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"11 [O ne hundred Rupees]"

97. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"11 [O ne hundred Rupees]"

98. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"Twenty Rupees"

99. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees."

100. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees."

101. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"15[O ne hundred rupees.]"

102. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"16 [O ne hundred rupees.]"

103. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"17 [O ne hundred rupees.]"

104. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"19 [O ne hundred rupees.]"

105. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"21 [O ne Hundred Rupees]"

106. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"one hundred rupees"

107. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"26
[One hundred rupees]"

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 108. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"27 [O ne hundred rupees]"

109. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"28 [O ne hundred rupees]"

110. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"31 [O ne hundred rupees]"

111. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"34 [O ne hundred rupees]"

112. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"38 [O ne hundred rupees]"

113. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"39 [O ne hundred rupees]"

114. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"40 [O ne hundred rupees]"

115. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"41 [O ne hundred rupees]"

116. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"Twenty rupees"

117. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

118. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"47 [O ne hundred rupees]"

119. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"50 [O ne hundred rupees]"

120. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"80[O ne hundred rupees]"

121. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

122. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

123. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"52 [O ne hundred rupees.]"

124. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"53 [O ne hundred rupees]"

125. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"O ne hundred rupees"

126. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

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 "56 [O ne hundred rupees.]"

127. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"60 [O ne hundred rupees]"

128. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"60 [O ne hundred rupees]"

129. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"61 [O ne hundred rupees]"

130. Substituted by Gujarat Stam p (Am endm ent) Act, 2019, for the following:-

"62 [O ne hundred rupees]"

Schedule II : SCHEDULE-II

SCHEDULE-II

ENACTMENTS REPEALED

(SEE SECTION 76)

Year No. Enactments Extent of Repeal

1 2 3 4

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 1899 II The Indian Stamp Act, 1899, in The whole except in so far as it relates
its application to the Pre- to documents specified in entry 91 of
Reorganisation State of Bombay, List I in the Seventh Schedule to the
excluding the transferred Constitution of India.
territories and to the Vidarbha
Region and the Kutch Area of
the state of Bombay.

1899 II The Indian Stamp Act, 1899 as The whole except in so far as it relates
applied to the Saurashtra Area to documents specified entry 91 of List I
of the State of Bombay. in the Seventh Schedules to the
Constitution of India.

1331Fasli IV The Hyderabad Stamp Act, 1331 The whole except in so far as it relates
F. to documents specified in entry 91 of
List I in the Seventh Schedules to the
Constitution of India.

1932 II The Bombay Finance Act, 1932. Parts IV and V containing sections
15,16,17,18, and 19.

1943 XIV The Bombay Increase of Stamp The whole

Duties Act, 1943.

Schedule : SCHEDULE

Instruments Governed by the Indian Stamp Act, 1899

As Applicable to the State of Gujarat

Description of instrument Proper Stamp Duty (2)

(1)

13. BILL OF EXCHANGE as defined by section 2(2) 1 [* * *] not being a

BOND, bank-note or currency note --

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 2 [* * *]

3 [(b) where payable otherwise than on demand --

(i) where payable not more than three months after date or sight --

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 if the amount of the bill or note does not exceed Rs. 500; 4 [Thirty paise].

if it exceeds Rs. 500 but does not exceed Rs. 1,000; 5 [Sixty paise]

and for every additional Rs. 1,000 or part thereof in excess of Rs. 1 ,000; 5 [Sixty paise]

(ii) where payable more than three months but not more than six months
after date or sight --

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 if the amount of the bill or note does not exceed Rs. 500; 5 [Sixty paise]

if it exceeds Rs. 500 but does not exceed Rs. 1,000; 6 [One rupee twenty
paise]

and for every additional Rs. 1,000 or part thereof in excess of Rs. 1 ,000; 6 [One rupee twenty
paise]

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 (iii) where payable more than six months but not more than nine months
after date or sight --

if the amount of the bill or note does not exceed Rs. 500; 7 [Ninety paise]

if it exceeds Rs. 500 but does not exceed Rs. 1,000; 8 [One rupee eighty paise]

and for every additional Rs. 1,000 or part thereof in excess of Rs. 8 [One rupee eighty paise]
1,000;

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 (iv) where payable more than nine months but not more than one
year after date or sight --

if the amount of the bill or note does not exceed Rs. 500; 6 [One rupee twenty-five paise]

if it exceeds Rs. 500 but does not exceed Rs. 1,000; 9 [Two rupees fifty paise].

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 and for every additional Rs. 1,000 or part thereof in excess of Rs. 9 [Two rupees fifty paise].
1 ,000;

(c) where payable more than one year after date or sight --

if the amount of the bill or note does not exceed Rs. 500; 9 [Two rupees fifty paise].

if it exceeds Rs. 500 but does not exceeds Rs. 1,000; 10 [Five rupees].

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 and for every additional Rs. 1,000 or part thereof in excess of Rs. 10 [Five rupees].
1 ,000;

21 [Provided that the rates of stamp-duty specified in column (2)

on Bills of Exchange for items (b) and (c) in Article 13 and on
promissory note for item (b) of Article 49 shall not apply to
usance bills of exchange or promissory notes drawn or made for
securing finance from Reserve Bank of India , Industrial Finance
Corporation of India, Industrial Development Bank of India, State
Financial Corporations, Commercial Banks and Cooperative Banks
for (a) bona fide commercial or trade transactions , (b) seasonal
agricultural operations or the marketing of crops, or (c) production
or marketing activities of cottage and small scale industries and
such instruments shall bear the rate of stamp duty at one-fifth of
the rate mentioned against items (b) and (c) in Article 13 and
item (b) in Article 49 of Schedule I of the Stamp Act, 1899 (2 of
1899).
Explanation 1- For the purposes of the proviso -
(a) the expression 'agricultural operations' includes animal
husbandry and allied activities jointly undertaken with the
agricultural operations;
(b) "crops" include products of agricultural operations;
(c) the expression "marketing of crops" includes the processing of
crops prior to marketing by agricultural producers or any
organization of such producers.
Explanation 2- The duty chargeable shall, wherever necessary, be
rounded off to the next five paise.]

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 14. BILL OF LADING (including a through bill of lading) . 11 [One rupee]

N.B. :-- If a bill of lading is

drawn in parts, the proper
stamp therefore must be borne
Exemptions by each one of the set.

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 (a) Bill of lading when the goods therein described are received at
a place within the limits of any port as defined under the 12 Indian
Ports Act, 1889 (10 of 1889), and are to be delivered at another
place within the limits of the same port.

(b) Bill of lading when executed out of 7 [India] and relating to

property to be delivered in 13 [India].

14 [27. DEBENTURE (whether a mortgage debenture or not), being

a marketable security transferable --

(a) by endorsement or by a separate instrument of transfer --

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 where the amount or value does not exceed Rs. 10; 15 [Ten paise.]

where it exceeds Rs. 10 and does not exceed Rs. 50; 16 [Twenty paise.]

Ditto 50 ditto 100 17 [Thirty-five paise]

Ditto 100 ditto 200 18 [Seventy-five paise]

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 Ditto 200 ditto 300 19 [One rupee ten paise]

Ditto 300 ditto 400 20 [One rupee fifty paise]

Ditto 400 ditto 500 21 [One rupee eighty-five paise]

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 Ditto 500 ditto 600 22 [Two rupees twenty-five
paise]

Ditto 600 ditto 700 23 [Two rupees sixty paise]

Ditto 700 ditto 800 24 [Three rupees]

Ditto 800 ditto 900 25 [Three rupees forty paise]

Ditto 900 ditto 1,000 8 [Three rupees seventy-five

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 paise]

and for every Rs. 500 or part thereof in excess of Rs. 1,000; 7 [One rupee eighty-five paise]

(b) by delivery

where the amount or value of the consideration for such 17 [Thirty-five paise]
debenture as set forth therein does not exceed Rs. 50;

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 where it exceeds Rs. 50 but does not exceed Rs. 100; 18 [Seventy-five paise]

Ditto 100 ditto 200 20 [One rupees fifty paise]

Ditto 200 ditto 300 22 [Two rupees twenty-five

paise]

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 Ditto 300 ditto 400 24 [Three rupees]

Ditto 400 ditto 500 8 [Three rupees seventy-five

paise]

Ditto 500 ditto 600 26 [Four rupees fifty paise]

Ditto 600 ditto 700 27 [Five rupees twenty-five

paise]

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 Ditto 700 ditto 800 28 [Six rupees]

Ditto 800 ditto 900 29 [Six rupees seventy-five

paise]

Ditto 900 ditto 1,000 30 [Seven rupees fifty paise]

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 and for every Rs. 500 or part thereof in excess of Rs. 1,000; 8 [Three rupees seventy-five
paise]

Explanation. -- The term "Debenture" includes any interest

coupons attached thereto but the amount of such coupons shall
not be included in estimating the duty.

Exemptions

A debenture issued by an incorporated company or other body

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 corporate in terms of a registered mortgage deed, duly stamped in
respect of the full amount of debentures to be issued thereunder,
whereby the company or body borrowing makes over, in whole or
in part, their property to trustees for the benefit of the debenture
holders:

Provided that the debentures so issued are expressed to be

issued in terms of the said mortgage deed.

37. LETTER OF CREDIT. That is to say, any instrument 11 [One rupees]

by which one person authorises another to give credit to
the person in whose favour it is drawn.

47. POLICY OF INSURANCE If drawn singly If drawn in duplicate for

each part

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 2 [A -- SEA INSURANCE (See section 7) --

(1) for or upon any voyage --

(i) where the premium or consideration does not exceed 33 [Five paise] 34 [Five paise]
the rate of 32 [***] one eighth per centum of the
amount insured by the policy;

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 (ii) in any other case, in respect of every full sum of 6 33 [Five paise] 34 [Five paise]
[one thousand five hundred rupees] and also any
fractional part of 35 [one thousand five hundred rupees]
insured by the policy;

(2) for time --

(iii) in respect of every full sum of one thousand rupees

and also any fractional part of one thousand rupees
insured by the policy --

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 where the insurance shall be made for any time not 36 [Ten ] 33 [Five paise]
exceeding six months; paise]

where the insurance shall be made for any time 37 [Ten paise] 36 [Five paise]
exceeding six months and not exceeding twelve months

B. 38 [FIRE-INSURANCE and other classes of insurance,

not elsewhere included in this article, covering goods,
merchandise, personal effects, crops and other property
against loss or damage) --

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 (1) in respect of an original policy --

(i) when the sum insured does not exceed Rs. 5,000; 39 [Twenty-five paise]

(ii) in any other case ... and 40 [Fifty rupee]

(2) in respect of each receipt for any payment of a One-half of the duty payable in respect
premium on any renewal of an original policy. of the original policy in addition to the
amount, if any chargeable under No. 53]

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 C. -- ACCIDENT AND SICKNESS INSURANCE--

(a) against railway accident, valid for a single journey 33 [Five paise]
only.

Exemption

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 When issued to a passenger travelling by the
intermediate or the third class in any railway.

(b) in any other case -- for the maximum amount which 36

may become payable in the case of any single accident [Ten paise]:
or sickness where such amount does not exceed Rs.
1,000, and also where such amount exceeds Rs. 1,000,
for every Rs. 1,000 or part thereof.

5 [Provided that, in case of a policy of

insurance against, death by accident
when the annual premium payable does
not exceed 41 [Rs. 2.50] per Rs. 1,000
the duty on such instrument shall be 33
[Five Paise] for every Rs. 1,000 or part
thereof of the maximum amount which
may become payable under it]
43 [CC. INSURANCE BY WAY OF INDEMNITY against 33 [Five paise]
liability to pay damages on account of accidents to
workmen employed by or under the insurer or against
liability to pay compensation under the Workmen's
Compensation Act, 1923 (8 of 1923) for every Rs. 100 or
part thereof payable as premium.

44 [D. LIFE INSURANCE 45 [or group insurance or other If drawn singly If drawn in duplicate for
insurance] not specifically provided for except such a each part
REINSURANCE, as is described in division E of this article
--

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 (i) for every sum insured not exceeding Rs. 250; 36 [Ten paise] 33 [Five paise]

(ii) for every sum insured exceeding Rs. 250 but not 37 [Ten paise] 36 [Five paise]
exceeding Rs. 500;

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 (iii) for every sum insured exceeding Rs. 500 but not 16 [Twenty 15 [Ten paise]
exceeding Rs. 1,000; and also for every Rs. 1,000 or paise]
part thereof in excess of Rs 1,000.

46 [N.B. -- If a policy of group insurance

Exemption is renewed or otherwise modified whereby
the sum insured exceeds the sum
previously insured on which stamp duty
has been paid, the proper stamp must be
borne on the excess sum so insured]

Policies of life insurance granted by the Director General

of Post Offices in accordance with rules for Postal Life
Insurance issued under the authority of the Central
Government].

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 E.-- RE-INSURANCE by an Insurance Company which has One quarter of the duty payable in
granted a Policy 47 [of the nature specified in Division A respect of the original insurance but not
or Division B of this Article], with another company by less than 33 [five paise] or more than 40
way of indemnity or guarantee against payment on the [fifty paise]:
original insurance of a certain part of the sum insured
thereby.

48 [PROVIDED that if the total amount of

duty payable is not a multiple of 34 [five
paise], the total amount shall be rounded
off to the next higher multiple of 34 [five
paise].

General Exemption

Letter of cover of engagement to issue a policy of

insurance:

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 PROVIDED that, unless such letter or engagement bears
the stamp prescribed by this Act for such policy,
nothing shall be claimable thereunder, nor shall it be
available for any purpose, except to compel the delivery
of the policy therein mentioned.

49 [49. PROMISSORY NOTE (as defined by section

2(22)]--

(a) when payable on demand --

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 (i) when the amount or value does not exceed Rs. 250; 33 [Five paise]

(ii) when the amount or value exceeds Rs. 250 but does 36 [Ten paise]
not exceeds Rs. 1,000;

(iii) in any other case 37 [Fifteen paise]

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 (b) when payable otherwise than on demand The same duty as a Bill of Exchange (No.
13) for the same amount payable
otherwise than on demand.

21 [Provided that the rates of stamp-duty specified in

column (2) on Bills of Exchange for items (b) and (c) in
Article 13 and on promissory note for item (b) of Article
49 shall not apply to usance bills of exchange or
promissory notes drawn or made for securing finance
from Reserve Bank of India , Industrial Finance
Corporation of India, Industrial Development Bank of
India, State Financial Corporations, Commercial Banks
and Cooperative Banks for (a) bona fide commercial or
trade transactions , (b) seasonal agricultural operations
or the marketing of crops, or (c) production or marketing
activities of cottage and small scale industries and such
instruments shall bear the rate of stamp duty at one-
fifth of the rate mentioned against items (b) and (c) in
Article 13 and item (b) in Article 49 of Schedule I of the
Stamp Act, 1899 (2 of 1899).
Explanation 1- For the purposes of the proviso -
(a) the expression 'agricultural operations' includes
animal husbandry and allied activities jointly undertaken
with the agricultural operations;
(b) "crops" include products of agricultural operations;
(c) the expression "marketing of crops" includes the
processing of crops prior to marketing by agricultural
producers or any organization of such producers.
Explanation 2- The duty chargeable shall, wherever
necessary, be rounded off to the next five paise.]

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 52. PROXY, empowering any person to vote at any one 50 [Fifteen paise]
election of the members of a district or local board or of
a body of municipal commissioners, or at any one
meeting of (a) members of an incorporated company or
other body corporate whose stock or funds is or are
divided into shares and transferable, (b) a local
authority, or (c) proprietors, members or contributors to
the funds of any institution.

53. RECEIPT, [as defined by section 2(23)] for any 51 [One Rupee]
money or other property the amount or value of which
exceeds 7 [five thousand rupees]

Exemptions

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 Receipt --

(a) endorsed on or contained in any instrument duly

stamped 53 [or any instrument exempted] under the
proviso to section 3 (instruments executed on behalf of
the Government) 54 [or any cheque or bill of exchange
payable on demand] acknowledging the receipt of the
consideration money therein expressed or the receipt of
any principal money, interest or annuity or other
periodical payment thereby secured;

(b) for any payment of money without consideration;

(c) for any payment of rent by a cultivator on account

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 of land assessed to Government revenue or 55 [in the
States of Madras, Bombay and Andhra] 56 [as they
existed immediately before the 1st November, 1956,] of
Inam lands;

(d) for pay or allowances by noncommissioned 57 [or

petty] officers, 58 [soldiers, 59 [sailors] or airmen] or 57
[60 [the Indian] military, 58 [Naval] or air forces], when
serving in such capacity, or by mounted police
constables;

(e) given by holders of family certificates in cases where

the person from whose pay or allowances the sum
comprised in the receipt has been assigned is a
noncommissioned 57 [or petty] officer, 58 [soldiers, 57
[sailor or airmen], of 61 [any of the said forces], and
serving in such capacity;

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 (f) for pensions or allowances by persons receiving such
pensions or allowances in respect of their service as
such non-commissioned 57 [or petty] officers, 58
[soldiers, 57 [sailors] or airmen,] and not serving the
Government in any other capacity;

(g) given by a headman or lambardar for land revenue or

taxes collected by him;

(h) given for money or securities for money deposited in

the hands of any banker, to be accounted for:

PROVIDED that the same is not expressed to be

received of, or by the hands of, any other than the

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 person to whom the same is to be accounted for:

PROVIDED also that this exemption shall not extend to a

receipt or acknowledgement for any sum paid or
deposited for or upon a letter of allotment of a share, or
in respect of a call upon any script or share of, or in any
incorporated company or other body corporate or such
proposed or intended company or body or in respect of
a debenture being a marketable security.

62. TRANSFER, (whether with or without consideration)

--

62 [(a) of shares in an incorporated company or other 39 [Twenty-five Paise] for every hundred
body corporate; rupees or part thereof of the value of the

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 share:

________________________
1. The word, figure and brackets "and (3)" omitted by Act 5 of 1927 section5.
2.Theentry (a) omitted by Act 5 of 1927 section 5.

3.Substituted by Act 76 of 1956 for the former items (b) and (c) (w.e.f. 1-2-1957),section 4 and sch. II.

4.Substituted by S. O. 130(E), dated 28-1-2004, for "One rupee twenty-five nayepaise" (w.e.f. 1-3-2004).

5.Substituted by S. O. 130(E), dated 28-1-2004, for "Two rupees fifty naye paise" (w.e.f. 1-3-2004).

6.Substituted by S. O. 130(E), dated 28-1-2004, for "Five rupees" (w.e.f. 1-3-2004).

7.Substituted by S. O. 130(E), dated 28-1-2004, for "Three rupees seventy-five nayepaise" (w.e.f. 1-3-2004).

8.Substituted by S. O. 130(E), dated 28-1-2004, for "Seven rupees fifty naye paise" (w.e.f. 1-3-2004).

9.Substituted by S. O. 130(E), dated 28-1-2004, for "Ten rupees" (w.e.f. 1-3-2004).

10.Substituted by S. O. 130(E), dated 28-1-2004, for "Twenty rupees" (w.e.f. 1-3-2004).

11.Substituted by S. O. 130(E), dated 28-1-2004, for "Two rupees" (w.e.f. 1-3-2004).

12.Therelevant provisions of the Indian Ports Act, 1908 (15 of 1908) be referred to.

13.Substituted by Act 43 of 1955 for the words "the States" (w.e.f. 1-4-1956),section 2.

14.Substituted by Act 43 of 1955 (w.e.f. 1-4-1956), section 7.

15.Substituted by S. O. 130(E), dated 28-1-2004, for "Twenty naye paise" (w.e.f.1-3-2004).

16.Substituted by S. O. 130(E), dated 28-1-2004, for "Forty naye paise" (w.e.f.1-3-2004).

17.Substituted by S. O. 130(E), dated 28-1-2004, for "Seventy-five naye paise" (w.e.f. 1-3-2004).

18.Substituted by S. O. 130(E), dated 28-1-2004, for "One rupee fifty naye paise" (w.e.f. 1-3-2004).

19.Substituted by S. O. 130(E), dated 28-1-2004, for "Two rupees twenty-five nayepaise" (w.e.f. 1-3-2004).

20.Substituted by S. O. 130(E), dated 28-1-2004, for "Three rupees" (w.e.f.1-3-2004).

21.These words were inserted by the by S. O. 130(E), dated 28-1-2004 (w.e.f. 1-3-2004).

22.Substituted by S. O. 130(E), dated 28-1-2004, for "Four rupees fifty naye paise" (w.e.f. 1-3-2004).

23.Substituted by S. O. 130(E), dated 28-1-2004, for "Five rupees twenty-five nayepaise" (w.e.f. 1-3-2004).

24.Substituted by S. O. 130(E), dated 28-1-2004, for "Six rupees" (w.e.f. 1-3-2004).

25.Substituted by S. O. 130(E). dated 28-1-2004, for "Six rupees seventy-five nayepaise" (w.e.f. 1-3-2004).

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 26.Substituted by S. O. 130(E), dated 28-1-2004, for "Nine rupees" (w.e.f. 1-3-2004).

27.Substituted by S. O. 130(E), dated 28-1-2004, for "Ten rupees fifty naye paise" (w.e.f. 1-3-2004).

28.Substituted by S. O. 130(E), dated 28-1-2004, for "Twelve rupees" (w.e.f.1-3-2004).

29.Substituted by S. O. 130(E), dated 28-1-2004, for "Thirteen rupees fifty nayepaise" (w.e.f. 1-3-2004).

30.Substituted by S. O. 130(E), dated 28-1-2004, for "Fifteen rupees" (w.e.f.1-3-2004).

31.Substituted by Act 5 of 1906, for the original divisions A and B, section 7.

32.Thewords "fifteen naye paise or" omitted by Act 14 of 1961, section 16.

33.Substituted by S. O. 130(E), dated 28-1-2004, for "Ten naye paise" (w.e.f.1-3-2004).

34.Substituted by S. O. 130(E), dated 28-1-2004, for "five naye paise" (w.e.f.1-3-2004).

35.Substituted by Act 18 of 1998, for "one thousand rupees" section 2 and Sch. I.

36.Substituted by S. O. 130(E), dated 28-1-2004, for "Fifteen naye paise" (w.e.f.1-3-2004).

37.Substituted by S. O. 130(E), dated 28-1-2004, for "Twenty-five naya paise" (w.e.f.1-3-2004).

38. Substituted by Act 43 of 1923. for the words "Fire Insurance".

39.Substituted by S. O. 130(E), dated 28-1-2004, for "Fifty naye paise" (w.e.f.1-3-2004).

40.Substituted by S. O. 130(E), dated 28-1-2004, for "One rupee" (w.e.f. 1-3-2004).

41.Substituted by Act 18 of 1928. section 2 Sch. I.

42.Substituted by Act 19 of 1958. for the words "Rupees 2.80" (w.e.f. 1-10-1958).section 13.

43.Insertedby Act 15 of 1925, section 2.

44.Substituted by Act 18 of 1928 for the original division D, section 2 Sch.I

45.Substituted by Act 43 of 1955. for the words "Or other insurance" (w.e.f.1-4-1956), section 7.

46. Inserted by Act 43 of 1955.(w.e.f. 1-4-1956), section 7.

47.Substituted by words "of sea-insurance or a policy of fire-insurance" by Act 43 of1923, section 2.

48.Inserted by Act 14 of 1961, section 16.

49.Substituted by Act 43 of 1923 for the original, section 2

50.Substituted by S. O. 130(E), dated 28-1-2004, for "Thirty paise" (w.e.f.1-3-2004).

51.Substituted by Act 32 of 1994, for the words "Twenty paise" (w.e.f. 13-5-1994),section99.

52.Substituted by Finance (No. 2) Act, 2004 (23 of 2004) section117(iii), for "Five hundred rupees" (w.e.f. 10-9-2004).

53.Substituted by Act 18 of 1928, for the words "or exempted", section2 and Sch. I.

54.Inserted by Act 18 of 1928, section 2 and Sch. I

55.Substituted by Andhra (Adaptation of laws on Union Subject) Order, 1954, for "in the Presidencies of Fort St. George and Bombay"
(w.e.f. 1-10-1953).

56.Inserted by the A.O., Adaptation of Laws (No.2), 1956.

57.Subby Act 35 of 1934, section 2 and Sch.

58.Substituted by Act 10 of 1927, for the words "or soldiers", section2 and Sch. I.

59.Substituted by Act 10 of 1927, for "Her Majesty's Army or Her Majesty's Indian Army,'section 2 and Sch. I.

60.Substituted by the A.O. 1950, for "His Majesty's".

61.Substituted by Act 10 of 1927 for "either of the said forces", section2 and Sch. I.

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 62.Substituted by Act 43 of 1955 for "original clause" (w.e.f. 1-4-1956).section 7

63.Therelevant provisions of the Administrator General's Act, 1913 (3 of 1913) and the Administration, General Act, 1963 (45 of 1963) to be
referred to.

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