[Art.1 Acknowledgement of :2

(i) a debt written or signed by or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a Banker's pass book) or on a separate piece of paper when such book or paper is left in the creditor's possession and the amount or value of such debt,-

3[(a)exceeds rupees 100 but does not exceed rupees 5,000

Two rupees]

(b) when exceeds rupees 5,000]

Two rupees plus rupees two for every thousand or part thereof.] 4[Subject to a maximum of rupees one thousand.]

(ii) a letter, article, document, parcel, package, or consignment, of any nature or description whatsoever or by whatever name called, given by a person, courier company, firm, or body of persons whether incorporated or unincorporated to the sender of such letter, articles, document, parcel, package or consignment.

One rupee for every rupees one hundred or part thereof of the amount charged therefor.]

Art. 2. Administration Bond, including a bond given under Section 6 of the Government Savings Banks Act, 1873 (Central Act V of 1873) or Sections 289, 291, 375 or 376 of the Indian Succession Act, 1925 (Central Act XXXIX of 1925)

(a) Where the amount does not exceed Rs.1,000

The same duty as a Bond (No .12) for such amount

(b) in any other case

5 [One hundred rupees.]

Article 3, Adoption-deed, that is to say, any instrument (other than a will), recording an adoption, or conferring or purporting to confer an authority to adopt.

Five Hundred Rs.

Advocate.- See Certificate of enrolment as an Advocate (No. 17).

Article 4. Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.

Exemptions, Affidavit or declaration in writing when made-

a. as a condition of enlistment to the Armed Forces of the Union;

b. for the immediate purpose of being filed or used in any Court or before the officer of any Court; or for the sole purpose of enabling any person to receive any pension or charitable>

1[Twenty rupees.]

Article 5. Agreement or2 [its records or] Memorandum of an Agreement

3 [(a) If relating to the sale of a bill of exchange

One rupee for every rupees ten thousand or part thereof

1[(b) If relating to the purchase or sale of a Government security

One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be, subject to a maximum of rupees one thousand.

(c) If relating to the purchase or sale of shares, scrips, stocks, bonds, debentures, debenture stocks or any other Marketable>

(i) when such agreement or memorandum or an agreement is with or through a member or between members of Stock Exchange recognised under the Security Contracts (Regulation) Act, 1956 (XLII of 1956).

One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be.

(ii) In any other case.

One rupee for every rupees ten thousand or part thereof of the value of the security at the time of its purchase or sale, as the case may be.]

2[(d) If relating to a transaction of lease-cum-sale in connection with the allotment of a building site, with or without building thereon, effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976

The same duty as a Conveyance (No. 20) for a market value equal to the security deposit and the amount of average annual rent reserved under such agreement.

(Karnataka Act 12 of 1976), the City Improvement Trust Board, Mysore constituted under the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962, (Karnataka Act 10 of 1963), the. Improvement Boards constituted under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976 1[House Building Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959;)] 2["or the allotment of industrial sheds and plots by the Karnataka Industrial Area Development Board established under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Small Scale Industrial Development Corporation, the Karnataka State Industrial Investment and Development Corporation and the Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956 (Central Act 1 of 1956) or the allotment of land or site with or without building to the market

functionaries in the yard by the Agricultural Produce Market Committees constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27, of 1966)], 1[ municipal Corporation constituted under the Karnataka Municipal Corporation Act, 1976, (Karnataka Act 24 of 1978), Municipal Councils or Town Panchayats constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) Urban Development Authorities constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), Grama Panchayats, Taluk Panchayats and Zilla Panchayats constituted under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993)"]and such other authorities as may be specified by the Government.

2[(da) Where any instrument of lease-cum-sale3 effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Karnataka Housing Board constituted under the Karnataka Housing Board Act 1962 (Karnataka Act 10 of 1963) pertaining to premises of a flat or apartments.

The duty payable shall be as a conveyance [No,.20(3)] for the market value equal to the security deposit and the amount of average annual rent reserved under such agreement."

1[(e) If relating to sale of immovable property wherein part performance of the contract

(i) possession of the property is delivered or is agreed to be delivered without executing the conveyance.

Same duty as a conveyance (No. 20) on the market value of the property.

(ii) possession of the property is not delivered.

(a) Where the value of the property---,

(i) does not exceed rupees 5000

Ten Rupees

(ii) exceeds rupees 5000 but does not exceed rupees 20,000

Twenty rupees

(iii) exceeds rupees 20,000 but does not exceed rupees 50,000

One hundred rupees

(iv) exceeds rupees 50,000

Two hundred rupees

(b) Where such agreement or memorandum of an agreement does not relate to monetary transactions or transactions not susceptible to valuation in terms of money.

Fifty rupees

1[Art.6. Agreement relating to deposit of title deeds, [pawn or pledge]2 that is to say, any instrument evidencing an 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>

(a) if such loan or debt is repayable on demand or more than three months from the date of instrument evidencing the agreement.

If drawn singly

If drawn in set of two, for each part of the set

If drawn in set of three for each part of the set

(i) when the amount of the loan or debt does not exceeds Rs.500

Rs. P.

2.50

Rs. P.

2.00

Rs. P.

1.00

(ii)when it exceeds Rs.500 but does not exceed Rs.1,000

5.00

2.50

2.00

(iii) when it exceeds Rs.1,000 but does not exceed Rs.5,000

25.00

12.50

10.00

(iv) when it exceeds Rs.5,000 but does not exceed Rs.10,000

50.00

25.00

20.00

(b) If such loan or debt is repayable not more than three months from the date of such instrument.

Half the duty payable on a loan or debt under sub-clause (i) or (ii) or (iii) or (iv) or (v) of clause (a) for the amount secured.

(2) [the pawn or pledge]1 of moveable property 2[xxx], where such [pawn or pledge]1 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 not more than three months from the date of such instrument:

Twenty five paise for every hundred rupees or part thereof.

(b) if such loan or debt is repayable on demand for more than three months from the date of instrument evidencing the agreement.

Fifty paise for every hundred rupees or part thereof subject to a maximum of rupees two lakhs.]

1 [Provided that where a fresh instrument of 2[xxx] pawn or pledge of movable property is executed for securing repayment of money already advanced by way of loan between the same parties and for the same purpose and for the same amount and the duty in respect of earlier instrument has been paid, then the duty chargeable on such fresh instrument is chargeable as per clause (i) of Article 5 of this Schedule.]

3 [Exemption-instruments of pawn or pledge of goods, if unattested.

Note- "goods" for the purpose of exemption means raw materials and stock in trade only."]

Art. 7. Appointment in execution of a power, whether of trustees or of property, moveable or immoveable, where made by any writing not being a will.

[One thousand rupees]4

Art. 8. Appraisement or valuation, made otherwise than under an order of the Court in the course of a suit-

(a) where the amount does not exceed Rs.1,000;

The same duty as a Bond (No.12) for such amount

(b) in any other case.

Hundred rupees

Exemptions;

1. 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.
2. Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.

Art. 9. Apprenticeship-deed, including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any profession, trade or employment.

Fifty rupees.

Exemption:

Instrument of apprenticeship, by which a person is apprenticed by or at the charge of any public charity.

1[Art. 10. Articles of Association of, a company where the company has no share capital or nominal share capital or increased share capital.

2[Five hundred rupees for every rupees ten lakhs or part thereof.

Exemption :

Articles of any association not formed for profit and registered under Section 25 of the Companies, Act, 1956

See also Memorandum of Association of a Company (No.33)

Assignment: See Conveyance (No.20), Transfer (No. 52) and Transfer of Lease (No.53), as the case may be

Authority to Adopt:- See Adoption Deed (No.3).]

Art. 11. Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition on a reference made otherwise than by an order of the Court in the course of a suit-

(a) where the amount or value of the property to which the award relates does not exceed Rs. 1,000;

The same duty as a Bond (No.12) for such amount.

(b) if it exceeds Rs. 1,000 but does not exceed Rs. 5,000

Forty rupees.

and for every additional Rs. 1,000 or part thereof in excess of Rs. 5,000.

Five rupees

1[Art. 12. Bond, 2 defined by Section 2(1)(a), not being otherwise provided for by this Act, or by the Karnataka Court-fees and Suits Valuation Act, 1958;

(a) Where the amount or value secured does not exceed Rs. 1,000

Rupees five for every one hundred rupees or part thereof.

(b) Where it exceeds Rs. 1,000

The same duty as under clause (a) for the first one thousand rupees and for every five hundred rupees or part thereof in excess of one thousand rupees : Twenty-Five rupees.

See Administration Bond (No.2) Bottomry Bond (No. 13), Customs Bond (No. 23) Indemnity Bond (No. 29), Respondentia Bond (No.46), Security Bond (No. 47).

Exemption:

Bond, when executed by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable>

Art. 13 Bottomry Bond, that is to say, any instrument whereby the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

The same duty as Bond ( No.12) for such amount

Art. 14. Cancellation - Instruments of - (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.

1[ one hundred rupees ]

See also Release (No. 45) Revocation of Settlement (No. 48-B), Surrender of Lease (No.51) Revocation of Trust (No. 54-B).

Art. 15. Certificate of sale - (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Court or Tribunal or officer of Government or by any other authority under any enactment-

(a) Where the purchase money does not exceed Rs.10

One rupee

(b) where the purchase money exceeds Rs.10 but does not exceed Rs. 25;

One rupee and fifty paise.

(c) in any other case.

The same duty as a conveyance (No.20) for a market value equal to the amount of the purchase money only.

1[Art.16. Certificate or other document evidencing the right or title of the holder thereof, or any other person, either to any share, scrip or stock in or of any incorporated company or other body corporate or to become proprietor of share, scrip or stock in or of any such company or body.

One rupee for every one thousand rupees or a part thereof of the value of the share, scrip or stock.

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

Explanation:-

For the purpose of this Article, the value of the share, scrip or stock includes the amount of premium, if any.]

Art. 17. Certificate of enrolment, in the roll of Advocates prepared and maintained by the State Bar Council under the Advocates Act, 1961 (Central Act 25 of 1961).

Five hundred rupees.

Art. 18. Charter-party, that is to say, any instrument (except an agreement for the hire of tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charter, whether it includes a penalty clause or not.

Fifty rupees

1[18-A. Clearance list:

(1) Relating to the transactions for the purchase or sale of Government securities submitted to the clearing house of a stock exchange.

The sum of duties chargeable under Article 5(b) or Article 37(e), as the case may be, in respect of each of the 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) Relating to the transactions for the purchase or sale of a share, scrip, stock, bond, debenture, debenture stock or other marketable>

The sum of duties chargeable under Article 5(c)(i) or 37(b), as the case may be, in respect of each of the 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.

(3) Relating to the transactions for the purchase or sale of a share, scrip, stock, bond, debenture, debenture stock or other marketable>

The sum of duties chargeable under Article 5(c)(i) or 37(b), as the case may be, in respect of each of the 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.]

Art. 19. Composition-deed, that is to say, any instrument executed by a debtor, where by he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors or whereby provision is made for the continuance of the debtor's business, under the supervision of inspectors or under letters of licence, for the benefit of his creditors.

One Hundred rupees.

1Art.20 2[(1)] 3[for Conveyance, as defined by clause (d) of Section 2, not being a transfer charged or exempted under No. 52, on the market value of the property which is the subject matter of Conveyance, if the property is situated within the limits of,-

(i) Bangalore Metropolitan Regional Development Authority;

8% of the value

(ii) City Corporation or City or Town Municipal Council or any Town Panchayats other than the areas specified in item (i);

8% of the value

(iii) any area other than areas specified in items (i) and (ii)

8% of the value

1[First proviso omitted]

2[Provided further that in any case where a lease-cum-sale agreement is executed and is stamped with the ad-valorem stamp required for such agreement under item (d) of Article 5 and in furtherance of such agreement a conveyance is subsequently executed, the duty on such conveyance shall not exceed rupees ten or the difference of the duty payable on such conveyance and the duty already collected on the security deposit under item (d) of Article 5, whichever is greater.]

[Provided also that notwithstanding anything contrary contained in this Act, where a lease-cum-sale agreement was executed before the thirty first day of March 2001 in respect of a site allotted by any House Building Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959), and in furtherance of such agreement a conveyance is subsequently executed, the duty payable on such conveyance shall be on the market value of such site as on the date of execution of the lease-cum-sale agreement.]

3[(2) Where it relates to first instrument of conveyance executed by a promoter, a land owner, or a developer by whatever name called, pertaining to premises of "Flat" as defined in clause (a) of Section 2 of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 (Karnataka Act 16 of 1973) or Apartment as defined in clause (a) of Section 3 of the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973) or transfer of share by or in favour of Co-operative Society or Company pertaining to premises or unit and the market value of the property which is the subject matter of conveyance.

Eight Percent of the value

Explanation, -

(a) "Premises" means and includes undivided interest in the land, building and proportionate share in the common areas;

(b) "Unit" includes flat, apartment, tenement, block or any other unit by whatever name called, constructed or under construction in accordance with the sanctioned plan by the authority competent to sanction a building plan under any law for the time being in force;

(c)"Promoter" means a promoter as defined in clause (c) of Section 2 of the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972, (Karnataka Act 16 of 1973).

1(3) Where any instrument of conveyance is effected by the Bangalore Development Authority constituted under Bangalore Development Authority Act, 1976 (Karnataka, Act 12 of 1976) the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) pertaining to premises of Flat or apartment.

The duty shall be payable at the rates specified under clause (2) of Article 20 on the amount or value of consideration as set forth in the instrument; Provided that in any case where a lease-cum-sale agreement is executed and is stamped with the advalorem duty required for such agreement under item(da) of article 5 and in furtherance of such agreement a conveyance is subsequently executed, the duty on such conveyance shall not exceed rupees fifty or the difference of the duty payable on such conveyance and the duty already collected on the security deposit under item (da) of Article 5, whichever is greater.

1(4) if relating to an order made by the High court under section 394 of the companies Act, 1956 in respect of amalgamation of companies.

[Ten percent of the aggregate market value of shares issued or allotted in exchange or otherwise and the amount of consideration paid for such amalgamation:

Provided that, the amount of duty chargeable under this clause shall not exceed

(i) an amount equal to 7 per cent of the market value of the immovable property located within the state of Karnataka of the transferor company; or

(ii) an amount equal to 0.7 per cent of the aggregate of the market value of the shares issued or allotted in exchange or otherwise and the amount of consideration paid for such amalgamation, whichever is higher:

Provided further that, in case of reconstruction or demerger the duty chargeable shall not exceed,--

(i) an amount equal to 7 percentum of the market value of the immoveable property located within the state of Karnataka transferred by the Demerging Company to the Resulting Company, or

(ii) an amount equal to 0.7 percentum of the aggregate of the market value of the shares issued or allotted to the resulting company and the amount of consideration paid for such demerger whichever is higher.]

Exemption: Amalgamation of sick companies with other, under the orders of Board of Industrial Finance and Reconstruction (BIFR)

[(5) Conveyance relating to industrial machinery whether treated as moveable or immoveable property

Five percent of the market value.]

Exemption:

i. sale of industrial machinery by the manufacturer or his authorised agent.

ii. Industrial machinery not exceeding the value of rupees twenty-five thousand.

1(6) If relating to Assignment of receivables by the originator to the special purpose vehicle (SPV) or by whatever name they are called, in the process of securitisation.

One rupee for every one thousand rupees or part thereof subject to a maximum of rupees one lakh."]

* Please Note : The word "Conveyance" amended and the word "Market Value" defined by Act No. 6 of 1999 which reads as follows

"2(d)" Conveyance" includes:

(i) A conveyance on sale,

(ii) Every Instrument,

(iii) Every decree or final order of any civil court,

(iv) Every order made by the High Court under section 394 of the Companies Act, 1956 in respect of amalgamation of companies, by which property, whether moveable or immovable or any estate is transferred to, or vested in, any other person, and which is not otherwise specifically provided for by the schedule".

" 2 (mm) "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 or the consideration stated in the instrument whichever is higher:

Provided that notwithstanding anything contained in this Act or in the Articles, in respect of an instrument executed by or on behalf of or in favour of

The State Government or the Central Government or A local Authority or

Other Authority constituted by or under any law for the time being in force or

A Body incorporate wholly owned or controlled by the Central Government or the State Government, the market value of the property shall be the value of consideration for such conveyance as set forth in the instrument".

1[Art.21. Copy of extract certified to be true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to the Court-fees.

(i) if the original was not chargeable with duty, or if the duty with which it was chargeable does not exceed five rupees.

Five rupees

(ii) if any other case.

Ten rupees

Exemption:

(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 the births, baptisms, namings, dedications, marriages, divorces, deaths or burials.]

Art. 22. Counterpart or Duplicate-of, any instruments, chargeable with duty and in respect of which the proper duty has been paid -

(a) if the duty with which the original instrument is chargeable does not exceed four rupees and fifty paise.

The same duty as payable on the original

(b) in any other case.

1[Fifty rupees]

Exemption

Counterpart of any lease granted to a cultivator when such lease is exempted from duty.

Art. 23. Customs Bond

(a) where the amount does not exceed Rs.1,000;

The same duty as a Bond No. 12 for such amount

(b) in any other case.

2[One Hundred Rupees]

Declaration of any Trust, see Trust (No.54).

Art. 24. Delivery order in respect of goods, that is to say any instrument entitling any person, therein named, or his assignees or the holder thereof, to the delivery of any goods lying in any dock or port, in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein,

1[x x x]

1[(i) Where the value of the goods does not exceed Rs.1,000.

Rupee one.

(ii) Where the value of the goods exceeds Rs.1,000 thereof.

Rupees five for every rupees one thousand or part thereof.]1

Deposit of title deeds-

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

Dissolution of partnership-See Partnership (No.40).

Art. 25. Divorce-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.

Dower-Instrument of -See settlement (No. 48).

Duplicate - See Counterpart (No. 22)

One Hundred Rupees

Art. 26. Exchange of property Instrument of Extract - See Copy (No. 21).

The same duty as a Conveyance (No.20) for a market value equal to the market value of the property of greatest value which is subject matter of exchange.

Art. 27. Further charge Instrument of - that is to say, any instrument imposing a further charge on mortgaged property-

(a) when the original mortgage is one of the description referred to in clause (a) of Article No.34 (that is, with possession):

The same duty as a Conveyance (No.20) for a market value equal to the amount of the further charge secured by such instrument.

(b) when such mortgage is one of the description referred to in clause (b) of Article No.34 (that is, without possession)-

(i) if at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument.

The same duty as a Conveyance (No.20) for a market value equal to 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.

1[ (ii) if possession is not given and not being a Hypothecation.

[Fifty paise for every one hundred rupees for the amount of the further charge secured by such instrument.]

2[ (iii) for Hypothecation

Same duty as sub-clause (d) of article No.34 for the amount of the further charge secured by such instrument.]

1[Art. 28. Gift Instrument of not being a settlement (No.48) or will or transfer (No.52).

(a) Where the donee is not a family member of the donor.

The same duty as a Conveyance (No.20) for a market value equal to the market value of the property which is the subject matter of gift;

Provided that where an instrument of gift contains any provision for the revocation of the gift, the value 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.

1[(b) Where the donee is a member of the family of the donor.

Rupees one thousand

2[Explanation: Family in relation to the donor for this purpose means husband, wife, son, daughter, daughter-in-law and grand children.]

Hiring - Agreement or agreement for service See Agreement (No.5).

Art. 29. Indemnity Bond

The same duty as a Security Bond (No. 47) for the same amount.

Inspectorship Deed - See Composition Deed (No.19).

Art. 30. Lease of immovable property - 3[(1)] including an under-lease or sub-lease and 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 less than one year.

The same duty as a Bond (No.12) for the total amount of rent payable under such lease.

(ii) where the lease purports to be for a term of not less than one year but not more than five years.

The same duty as a Bond (No.12) for the amount or value of the average annual rent reserved.

(iii) where the lease purports to be for a term of not less than five years but not exceeding ten years;

The same duty as a Conveyance (Article No.20) for 1[the amount or value] equal to twice the amount or value of the average annual rent reserved.

(iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years

The same duty as a Conveyance (Article No.20) for an amount equal to three times the amount or value of the average annual rent reserved.

(v) Where the lease purports to be for a term exceeding twenty years but not exceeding thirty years.

The same duty as a conveyance (article 20) for an amount equal to four times the amount or value of the average annual rent reserved.

(vi) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purports to be for any definite term.

The same duty as a 2[conveyance (Article 20(1)] for an amount equal to the market value of the property.

(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved,-

(i) Where the lease purports to be for a term not exceeding thirty years

The same duty as a conveyance (Article 20), for the amount or value of such fine or premium or advance as setforth in the lease.

(ii) Where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purports to be for any definite term.

The same duty as a 1[conveyance (Article 20(1)] for the amount or value of such fine or premium or advance as setforth in the lease or for an amount equal to the market value of the property, whichever is higher

(c) Where the lease is granted for a fine or premium or for money advanced in addition to rent reserved,

(i) Where the lease purports to be for a term not exceeding thirty years.

The same duty as a conveyance (Article 20) for the amount or value of such fine or premium or advance, as setforth in the lease, in addition to duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered.

(ii) Where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for any definite term.

The same duty as a 1[conveyance (Article 20(1)] for the amount or value of such fine or premium or advance as setforth in the lease or for an amount equal to the market value of the property whichever is higher"

2(d)

Provided that, in any case when an agreement to lease is stamped with the advaloreum stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed rupees fifty.

2[to clause (1) after sub-clause (c) after first proviso the following proviso shall be deemed to have been inserted with effect from the first day of April, 1998, namely:

"Provided further that the duty in respect of an instrument of lease chargeable under Article 30(a)(iv), Article 30(b)(ii) and Article 30(c)(ii), effected by

The Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976),

The Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987),

The Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963),

The Improvements Board constituted under the Karnataka Improvements Boards Act, 1976) (Karnataka Act 11 of 1976),

Department of Mines and Geology,

The Forest Department,

Karnataka Industrial Area Development Board established under the Karnataka Industrial Area Development Board Act, 1966 (Karnataka Act 18 of 1966),

The Karnataka Small Scale Industries Development Corporation,

The Karnataka State Industrial Investment Development Corporation,

Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956 (Central Act 1 of 1956),

The Karnataka Agricultural Produce Market Committee constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) and

Other authorities as may be specified by the Government,

Shall be payable as a conveyance under clause (1) of Article 20 for a market value equal to the total rent to be paid through the lease period, or as a conveyance under clause (1) of Article 20 for a market value equal to the amount of premium or money advanced or fine where no rent is reserved, or as a conveyance under clause (1) of article 20 for a market value equal to the amount of premium or money advanced or fine together with the total rent as set forth in the lease deed as the case may be.

Provided further that the duty in respect of an instrument of lease chargeable under article 30(a), (v) and (vi), article 30(b) (ii) and article 30(c) (ii), effected by

the Bangalore Development authority constituted under the Bangalore Development authority Act, 1976 (Karnataka Act 12 of 1976),

the urban development authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987),

the Karnataka Housing Board, constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963),

the improvements board constituted under the Karnataka Improvements Boards Act, 1976 (Karnataka Act 11 of 1976),

Department of Mines and Geology,

the Forest department,

Karnataka Industrial Area Development Board established under the Karnataka Industrial Area Development Board Act, 1966 (Karnataka Act 18 of 1966),

the Karnataka small scale industries development corporation, the Karnataka state Industrial investment development corporation,

Karnataka state Electronics Development corporation, registered as a company under the companies Act, 1956(central Act 1 of 1956),

the Karnataka Agricultural produce market committee constituted under the Karnataka Agricultural Produce Marketing (regulation) Act, 1966 (Karnataka Act 27 of 1966) and

other authorities as may be specified by the Government shall be payable as the case may be in the following manner.

a) as per item No.(v) of sub-clause (a), of clause (1) where by such lease the rent to fixed and no premium is paid.

b) as per item No.(1) of sub-clause (b) of clause (1) where the lease is granted for a fine or premium or money advanced and where no rent is reserved.

c) as per item No.(i) of sub-clause (C) of clause (1) where the lease is granted for fine or premium or money advanced in addition to rent reserved.

Provided also that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand.

[Explanation: If, the advance is refundable the duty shall be as per Article 47]

* Please Note: 1Transitional provision - Duty paid on any instrument referred to in the second provision after sub-clause (c), of Article 30 of the Schedule as inserted by this Act, at the rates specified therein during the period from the first day of April, 1998 and till the commencement of this Act, shall be deemed to be the proper duty.

2[(2) Lease of moveable property including an under lease or sublease and any agreement to let or sublet -

(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 not exceeding ten years.

One rupee for every hundred rupees or part thereof on the average annual rent reserved, subject to a maximum of rupees two lakhs.

(ii) Where the lease purports to be for a term exceeding ten years.

One rupee and fifty paise for every hundred rupees or part thereof on the average annual rent reserved, subject to a maximum of rupees two lakhs.

(b) Where the lease is granted for a fine or premium or for money advanced and where no rent is reserved.

One rupee and fifty paise for every hundred or part thereof on the amount of such fine or premium or advance as set forth in the lease, subject to a maximum of rupees two lakhs.

(c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved.

One rupee and fifty paise for every hundred rupees or part thereof on the amount 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, subject to a maximum of rupees two lakhs.

1["Provided that in respect of lease of industrial machinery the maximum duty chargeable shall be rupees ten thousand"].

2[Provided further that] in any case when 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 rupees fifteen.":

Exemption :

Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term in expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.

Explanation- When a lessee undertakes to pay any recurring charge such as Government revenue, the landlords share of cesses, or the owners share of municipal rates or taxes which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.

Art. 31. Letter of Allotment, of shares in any company or proposed company, or in respect of any loan to be raised by any company or proposed company.

One Rupee

See also certificate or other Document (No.16).

Letter of Guarantee-See agreement (No.5).

Art.32. Letter of licence-that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.

One Hundred Rupees

1[32-A, Licence of immovable or moveable property,-

That is to say licence granted by owner or authority for rent or fee or by whatever name it is called,-

(a) Where by such licence granted for rent or fee or by whatever name it is called-

(i) Where the licence purports to be for a term of less than one year

The same duty as a bond (No.12) for the whole amount payable or deliverable under such licence.

(ii) Where the licence purports to be for a term of not less than one year but not more than five years.

The same duty as a bond (No. 12) for the amount or value of the average annual rent or fee or by whatever name it is called.

(iii) Where the licence purports to be for a term of not less than five years but not exceeding ten years.

The same duty as conveyance (No.20) for the amount or value of the average annual rent or fee or by whatever name it is called.

(iv) Where the licence purports to be for a term exceeding ten years but not exceeding twenty years.

The same duty as conveyance (No.20) for twice the amount of annual rent or fee or by whatever name it is called.

(v) Where the licence purports to be for a term exceeding twenty but not thirty years.

The same duty as conveyance (No.20) for thrice the average amount of rent or fee or by whatever name it is called.

(b) Where the licence is granted for a lump sum amount advanced and where no rent or fee or by whatever name it is called is reserved.

The same duty as conveyance (No.20) for the whole lump sum amount advanced as set forth in the licence. .

(c) Where the licence is granted for a lump sum amount advanced in addition to rent or fee or by whatever name it is called

The same duty as conveyance (No.20) for the lumpsum amount advanced as set forth in the licence in addition to the duty which would have been payable on such licence, if no lump sum amount advanced had been paid or delivered

1[Art.33. Memorandum of Association of a company,-

(a) If accompanied by Articles of Association under Section 26 of the Companies Act, 1956 (Central Act 1 of 1956).

One Thousand Rupees

(b) If not so accompanied

The same duty as under Article (No. 10) accordinsg to the share capital of the company

Exemption :-

Memorandum of any Association not formed for profit and registered under Section 25 of the Companies Act, 1956 (Central Act 1 of 1956).]

Art. 34. 1[Mortgage deed, not being an agreement relating to Deposit of title-deeds, 2[pawn or pledge] (No.6), Bottomry Bond (No.13), Mortgage of a Crop (No.35), Respondentia Bond (No.46), or Security Bond (No.47).

(a) When possession of the property or any part of the property comprised in such deed is given by mortgagor or agreed to be given;

The same duty as Conveyance (No.20) for a market value equal to the amount secured by such deed.

(b) When possession is not given or agreed to be given as aforesaid [and not being a hypothecation].

[Fifty paise for every hundred ruppes or part there of for the amount secured by such deed.]

Explanation.-- A mortgagor who gives to the mortgagee a power of attorney to collect rents, or a lease of the property mortgaged or part thereof is deemed to give possession thereof within the meaning of this Article

5[(c) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above mentioned purpose where the principal or primary security is duly stamped

(i) for every sum secured not exceeding Rs. 1,000

Ten Rupees

(ii) for every Rs.1,000 or part thereof, secured in excess of Rs.1,000.

[Ten rupees plus one rupee for every rupees one thousand or part thereof in excess of rupees one thousand.]

1[(d) for hypothecation of movable property.

Ten Rupees for every ten thousand rupees or part thereof advanced, subject to a maximum of Rupees ten thousand]

Exemption

(1) Instruments executed by persons taking advances under the Karnataka Land Improvement Loans Act, 1963

(Karnataka Act 16 to 1963), the Karnataka Agriculturists Loans Act, 1963 (Karnataka Act 17 of 1963) or by their sureties as security for repayment of such advances.

(2) Letter of hypothecation accompanying a bill of exchange.

Art. 35 Mortgage of a Crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop whether the crop is or is not in existence at the time of the mortgage -

(a) When the loan is repayable not more than three months from the date of the instrument -

For every sum secured not exceeding Rs. 200;

Fifty paise

and for every Rs. 200 or part thereof secured in excess of Rs. 200;

Fifty paise

(b) When the loan is repayable more than three months but not more than eighteen months from the date of the instrument -

For every sum secured not exceeding Rs.100;

Fufty Paisa

and for every Rs. 100 or part thereof secured in excess of Rs. 100;

Fufty Paisa

Art. 36. Notarial Act, that is to say, any instrument, endorsement note, attestation, certificate, or entry not being a protest (No. 42) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.

1[Ten rupees]

See also Protest of Bill or Note (No.42).

1Art 37. Note or Memorandum

Sent by a broker or agent to his principal intimating the purchase or sale on account of such principal.

(a) of any goods exceeding in value twenty rupees.

One Rupee for every rupees ten thousand or part thereof

(b) of any share, scrip, stock, bond, debenture, debenture stock or other marketable>

One Rupee for every rupees ten thousand or part thereof of the value of the security, at the time of its purchase or sale, as the case may be.

(c) of a Government Security.

One rupee for every rupees ten thousand or part thereof of the value of the security, at the time of its purchase or sale, as the case may be subject to a maximum of one thousand rupees

Exemptions :

(1) Note or Memorandum sent by a broker or agent to his principal intimating the purchase or sale on account of such principal or a Government security or a share, scrip, stock, bond, debenture, debenture stock or other marketable>

(2) Note or Memorandum sent by a broker or agent to his principal in any of the above cases, when the amount stated in the instrument is less than rupees one hundred.]

Art.38.Note of Protest by the Master of a ship.

Two rupees

See also Protest by the Master of a ship (No.43)

1[Art.39. Partition - Instrument of -as defined by Clause (k) of sub-section (1) of section 2

(a) where the property involved in the partition is converted for non agricultural purpose or is meant for non agricultural use.

(1) if the property is situated in the jurisdiction of Municipal Corporation or Urban Development Authorities or Municipal councils or Town Panchayats.

Rupees one thousand for each share.

(2) if the property is situated in the areas other than those mentioned in sub-clause (1) above

Rupees five hundred for each share.

(b) where the property involved in the partition is agricultural land

Rupees two hundred fifty for each share.

(c) Where the property involved in the partition is movable or money.

Rupees two hundred and fifty for each share.

(d) Where the property involved in the partition belongs to any of the combinations of categories mentioned in sub-clause(a),(b) and (c) above.

Maximum of the duties described in sub-clause (a), (b) or (c) above for each share]

Provided always that:

a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than 1[fifty rupees].