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34 of 1957 (E)

This document provides an arrangement of sections for the Karnataka Stamp Act of 1957. It outlines the chapters on preliminary matters, stamp duties, adjudication of stamps, instruments not duly stamped, allowances for stamps in certain cases, reference and revision, criminal offenses and procedures, and supplemental provisions. It also provides statements of objects and reasons for the original act and subsequent amending acts, including the need to standardize stamp duty rates across Karnataka and express rates in decimal coinage. The amendments increased stamp duty rates by 50% and added a duty on certificates of enrollment for advocates.

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0% found this document useful (0 votes)
49 views100 pages

34 of 1957 (E)

This document provides an arrangement of sections for the Karnataka Stamp Act of 1957. It outlines the chapters on preliminary matters, stamp duties, adjudication of stamps, instruments not duly stamped, allowances for stamps in certain cases, reference and revision, criminal offenses and procedures, and supplemental provisions. It also provides statements of objects and reasons for the original act and subsequent amending acts, including the need to standardize stamp duty rates across Karnataka and express rates in decimal coinage. The amendments increased stamp duty rates by 50% and added a duty on certificates of enrollment for advocates.

Uploaded by

myselfkunal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1957: KAR.

ACT 34] Stamp 491

THE KARNATAKA STAMP ACT, 1957


ARRANGEMENT OF SECTIONS

Statement of Objects and Reasons


Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP DUTIES
A- OF THE LIABILITY OF INSTRUMENTS TO DUTY
3. Instruments chargeable with duty.
3A. Instruments liable to duty in multiples of five naye paise.
3B. Certain Instruments chargeable with additional duty.
3C. Limit on levy of additional stamp duty.
4. Several instruments used in single transaction of sale, mortgage or
settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule.
7. Payment of higher duty in respect of certain instruments.
8. Bonds or other securities issued on loans.
9. Power to reduce, remit or compound duties.
B- OF STAMPS AND THE MODE OF USING THEM
10. Duties how to be paid.
10A. Payment of stamp duty by cash in certain cases.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamp.
15. Instruments written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
C- OF THE TIME OF STAMPING INSTRUMENTS
17. Instruments executed in the State of Karnataka.
18. Instruments executed out of India.
19. Payment of duty on certain instruments liable to increased duty in the State
of Karnataka.
D- OF VALUATIONS FOR DUTY
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
24. Certain instruments connected with mortgages of marketable securities to
be chargeable as agreements.
492
1957: KAR. ACT 34] Stamp

25. How transfer in consideration of debt, or subject to future etc., to be


charged.
26. Valuation in case of annuity, etc.
27. Stamp where value of subject matter is indeterminate.
28. Facts affecting duty to be set forth in instrument.
28A. Omitted.
28B. Omitted.
29. Direction as to duty in case of certain conveyances.
E- DUTY BY WHOM PAYABLE
30. Duties by whom payable.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Deputy Commissioner.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Instruments not duly stamped inadmissible in evidence, etc.
35. Admission of instrument where not to be questioned.
36. Admission of improperly stamped instruments.
37. Instruments impounded how dealt with.
38. Deputy Commissioner’s power to refund penalty paid under sub-section (1)
of section 37.
39. Deputy Commissioner’s power to stamp instruments impounded.
40. Instruments unduly stamped by accident.
41. Endorsement of instruments on which duty has been paid under section
34, 39 or 40.
42. Prosecution for offence against stamp law.
43. Persons paying duty or penalty may recover same in certain cases.
44. Power to Revenue authority to refund penalty or excess duty in certain
cases.
45. Non-liability for loss of instruments sent under section 37.
45A. Instrument of conveyance, etc. undervalued how to be dealt with.
45B. Constitution of Central Valuation Committee.
46. Recovery of duties and penalties.
46A. Recovery of stamp duty not levied or short levied.
46B. Duties, penalties etc, to be certified.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES.
47. Allowance for spoiled stamps.
48. Application for relief under section 47 when to be made.
49. Allowance in case of printed forms no longer required by Corporations.
50. Allowance for misused stamps.
51. Allowance for spoiled or misused stamps how to be made.
493
1957: KAR. ACT 34] Stamp

52. Allowance for stamps not required for use.


52A. Power of State Government to grant relief.
52B. Invalidation of Stamps.
CHAPTER VI
REFERENCE AND REVISION
53. Control of, and statement of case to, Chief Controlling Revenue Authority.
53A. Revision of order passed by Deputy Commissioner or Authorised officers.
54. Statement of case by Chief Controlling Revenue Authority to High Court.
55. Power of High Court to call for further particulars as to case stated.
56. Procedure in disposing of case stated.
57. Statement of case by other Courts to High Court.
58. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE.
59. Penalty for executing, etc., instrument not duly stamped.
59A. Penalty for making false declaration in clearance list.
59B. Penalty for failure to produce documents.
60. Penalty for failure to cancel adhesive stamp.
61. Penalty for omission to comply with provisions of section 28.
62. Penalty for devices to defraud the revenue.
63. Penalty for franking, recording certificate or embossing contrary to the Act
or the rules
63A. Penalty for contravention of other provisions.
64. Institution and conduct of prosecutions.
65. Jurisdiction of Magistrates.
66. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
67. Books, etc., to be open to inspection.
67A. Procedure of Chief Controlling Revenue Authority and the Deputy
Commissioner and rectification of mistakes.
67B. Power to enter premises and inspect certain documents.
68. Powers to make rules.
69. Saving as to Court Fees.
70. Act to be translated and sold cheaply.
71. Repeal and savings.
72. Application of Indian Stamp Act 1899.
SCHEDULE.
494
1957: KAR. ACT 34] Stamp

STATEMENT OF OBJECTS AND REASONS


I
Act 34 of 1957.- Different rates on stamp duty are in force in the various areas
of the State. As it is very desirable to have the same rates of stamp duty in all the
areas in all areas of new State, Government have decided to undertake legislation
to achieve this object. Hence this Bill.
The Bill makes provision for the levy of stamp duty on instruments at the rates
in force the Madras Area.
(Obtained from Notification L. A. No. 5848 dated 20-6-1957)
II
Amending Act 8 of 1958.- The Government of India have decided that with
effect from 1st April 1958, the rates of Stamp Duty should be expressed in decimal
coinage. The new rates of non-postal stamps decided upon by the Government of
India are in multiples of 5 Naye Paise. It has become necessary, therefore, to
amend the Mysore Stamp Act, 1957, to adapt the rates of Stamp Duty decided upon
by the Government of India. The Bill is intended to give effect to the new rates of
non-postal stamps in decimal coinage, proposed to be brought into force from 1st
April 1958.
(Published in the Gazette (Extraordinary) Part IV-2A dated 4-3-1958 as No. 51)
III
Amending Act 29 of 1962.- The State Government are committed to raise a
sum of Rs. 42 crores by additional taxation. In order to meet the commitments of the
schemes in the Second Five Year Plan and implementation of schemes in the Third
Five Year Plan, the resources of the State have to be augmented. It is therefore
proposed to increase the rates of stamp duty by fifty per cent in instruments in
respect of which the State legislature is competent to levy stamp duty.
With the passing of the Advocates Act, 1961, the roll of Advocates is now
maintained by the State Bar Council and not by the High Court, As there is no
instrument for entry on roll, it is proposed to levy stamp duty on the certificate of
enrolment issued by the Bar Council. The Law Ministers Conference held at
Srinagar in 1960, has recommended that the total fee payable by a Advocate on
enrolment should not, inclusive of the fee payable to the Bar Council under the
Advocate Act, exceed Rs. 500. Since a fee of Rs. 250 is payable to the Bar Council,
it is proposed to fix the Stamp duty on the certificate of enrolment at Rs. 250.
Opportunity has been taken to make certain other provision found necessary.
The more important of these amendments are indicated below.
The definition of instrument of partition is proposed to be amplified to cover
documents in which the terms of partition effected are recorded.
Sub-section (1) of section 53 of the Act does not empower the Chief Controlling
Revenue Authority to exercise control over the Deputy Commissioner in cases other
than those falling under Chapter IV and V and proviso (a) to section 27. In the
interests of revenue, it is necessary to exercise control over the Deputy
Commissioner in other cases also. Sub-section (1) of section 53 is therefore
proposed to be amended.
In respect of allowances for stamps, definite periods of limitation and the
circumstances in which allowance is permissible have been laid down in Chapter V
of the Act. In order to avoid hardship under the Indian Stamp Act, 1899, orders for
495
1957: KAR. ACT 34] Stamp

refund of amounts paid for stamp duty were being made by Government in
appropriate cases without any bar of limitation on the basis of certain Resolutions of
the Government of India. It is considered desirable to take necessary power to issue
such orders. The new section 52A has therefore been proposed. In order to enable
the Chief Controlling Revenue Authority to grant relief under section 44 beyond the
period of limitation in appropriate case, that section is also proposed to be
amended.
In a recent decision of the Supreme Court (Board of Revenue Vs. Vidyawati
A.I.R. 1962 S.C. 1217) it has been held that while acting under section 56(2) of the
Indian Stamp Act, 1899, (which corresponds to section 53(2) of the Mysore Stamps
Act, 1957), the Board of Revenue should give the party concerned a reasonable
opportunity to be herd in accordance with the principles of natural justice. As the
principles of natural justice have to be followed by the Deputy Commissioner and
the Chief Controlling Revenue Authority, it is proposed to insert a suitable provision
in the Act. It is also considered necessary to make specific provision for rectification
of mistakes by the different authorities. The new section 67A has accordingly been
proposed.
(Published in the Mysore Gazette (Extraordinary) Part IV-2A dated 27-8-1962
as No. 170 at page 25-26.)

IV
Amending Act 17 of 1966.- In order to ensure the collection of proper stamp
duty in the case of awards, gifts and settlements it is considered necessary to
charge duty on such instruments on the value of properties instead of on the value
as set forth in the instruments. It is also considered necessary to amplify the
different classes of instruments falling under Articles 5 and 37 and fix different rates
of duty on such instruments. It is also proposed to amend sections 3 and 28, and
insert new sections 63A and 67B.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated
26.03.1966 as No.58 at page 8).
V
Amending Act 17 of 1971.- In order to raise additional resources to be utilised
exclusively for the relief of Bangla Desh refugees, the Government of Mysore has
proposed to levy additional stamp duty at the flat rate of ten paise on every
instrument chargeable with duty under the Mysore Stamp Act, 1957. The present
measure is being enacted to give effect to the said proposal.
2. The Committee constituted under the proviso to sub-section (2) of section 3 of
the Mysore State Legislature (Delegation of Powers) Act, 1971 (23 of 1971), has
been consulted before enactment of this measure as a President’s Act.
(Obtained from President Act 17 of 1971.)
VI
Amending Act 12 of 1972.- Under article 16 of the Schedule appended to the
Mysore Stamp Act, 1957, the stamp duty payable on a share certificate is 30 naye
paise. Section 11 of the Mysore Stamp Act, 1957, does not permit the use of
adhesive stamps for payment of the stamp duty exceeding 15 naye paise.
Thousands of share certificates have to be therefore submitted by the Companies to
the Superintendent of Stamps and to the Government Press for getting the duty
496
1957: KAR. ACT 34] Stamp

paid embossed on each certificate. As this procedure is found inconvenient,


Government intends to amend the Act to enable the use of adhesive stamps upto
30 paise.—Vide Notification No. 7799, LA dated 19.11.1970.
(Published in Karnataka Gazette, PART IV—2-A, dated 26.11.1970 at page 70.)
VII
Amending Act 4 of 1973.- President’s Act 14 of 1971, 16 of 1971, 17 of 1971
and 18 of 1971 had been enacted to raise additional resources for the relief of
Bangla Desh Refugees. They expire on 24th March 1973.
It is proposed that while the additional levies for the relief of Bangla Desh
Refugees may cease, the levies may be retained till 31st March 1974 to raise
additional resources to meet the cost of ‘People’s Housing Programme’ to be
undertaken by the State Government.
Hence this Bill.
(Obtained from L.A. Bill No.16 of 1973)
VIII
Amending Act 17 of 1974.- It is proposed to raise the rates of Stamp Duty on
conveyance and mortgage deeds, in order to augment the revenue of the State.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) dated 30th March 1974,
PART IV—2A, as No. 632, at page. 4.)
IX
Amending Act 12 of 1975.- It has been observed that there is wide-spread
under-valuation of properties by persons who buy and sell properties in urban
areas. A pilot study of 1052 cases carried out in Bangalore City showed that in
nearly 70 per cent of the cases the valuation mentioned in the sale deed was less
than half the market value computed objectively by the survey authorities. This
means evasion of stamp duty as well as avoidance of registration charges. There is
consequent loss of revenue to the State under both counts. The object of the Bill is
to enable the Government to recover the right amount of stamp duty wherever
under valuation of property is noticed at the time of registration of the properties.
Some consequential amendments are also being made. For example, the present
schedule of stamp duty rates is based upon the amount of consideration mentioned
in the document. This basis is being changed to the market value. Likewise some
other consequential changes have also been proposed in the Bill.
To begin with the new measure will be given effect to in the Cities having a
population of more than one lakh and the Government is taking the power to extend
it to other urban areas in due course.
(Published in Karnataka Gazette (Extraordinary), dated 10th April 1975, PART
IV—2-A, as No. 1049, at page. 7.)
X
Amending Act 37 of 1976.- In order to augment the revenues of the State, it is
proposed to amend the Karnataka Stamp Act, 1957, by increasing the rate of Stamp
Duty on conveyances and other instruments chargeable with the same duty as a
conveyance.
Hence this Bill.
(Published in Karnataka Gazette (Extraordinary) dated 27th March 1976, PART
IV—2-A, as No. 1729, at page. 6.)
497
1957: KAR. ACT 34] Stamp

XI
Amending Act 9 of 1979.- Houses and sites are normally allotted by the
Bangalore Development Authority and other similar authorities on lease-cum-sale
basis and the sale deed is executed after a lapse of a period of 10 years by which
time the market value of the property gets increased considerably. The policy of the
Government is to allot as many houses and sites as possible to landless and other
weaker sections of the people.
The levy of stamp duty on market value in respect of conveyance executed by
the said authorities works out great hardship to the allotees many of whom are
persons belonging to weaker sections.
It is felt that stamp duty on such instruments should be levied on the amount or
the value of consideration for such instruments as specified therein. To remove the
hardship that is caused by the existing provisions to the weaker sections of the
people it was considered necessary to take urgent and immediate action. Hence an
Ordinance was issued amending the entries relating to item 20 of the Schedule to
the Karnataka Stamp Act, 1957. This Bill seeks to replace the said Ordinance.
(Obtained from LC Bill No. 1 of 1979.)
XII
Amending Act 21 of 1979.- In order to augment the revenues of the State it is
proposed to second taxation and other laws. Opportunity is taken to make some
other amendments also.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 27-3-
1979 as No. 259).
XIII
Amending Act 15 of 1980.- The Audit parties of the Accountant General’s
Office during the course of audit of several Sub-Registry Offices in the State during
last one or two years have pointed out instances of non-levy/short levy/irregular
remission of Stamp duty due to mis-classification of documents and mis-
interpretation of the provisions of law regarding ley of stamp duty. In most of the
cases, the observations of the Audit were found to be valid and the Inspector
General of Registration and Commissioner for Stamps had to initiate steps for
recovery of the deficit stamp duty from the concerned parties. However, for want of
suitable provisions in the Karnataka Stamp Act, 1957 enabling recovery of such
deficit stamp duty from the concerned parties as arrears of land revenue, it has not
been possible for the Department to recover it in most of the cases.
As the Legislature Assembly was not in session, an ordinance was promulgated
on 3rd December 1979 introducing new Section 46-A providing for recovery of
deficit stamp duty as arrears of land revenue and, in certain type of cases, with
retrospective effect namely from 1st April 1972. Consequential amendment to
Section 11(a) was also made due to enhancement of stamp duty with effect from
27th March 1979 as per Karnataka Taxation and Certain Other Laws (Amendment)
Act, 1979.
The Bill seeks to replace the said ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 29th February
1980, as No. 154, at page. 5.)
498
1957: KAR. ACT 34] Stamp

XIV
Amending Act 16 of 1981.- The allottees of sites or houses have to execute
lease-cum-sale agreement with bodies like the Bangalore Development Authority,
the Karnataka Housing Board, City Improvement Trust Boards and Housing Co-
operative Societies etc. After the expiry of the lease period conveyances are
executed in favour of the allottees. The lease-cum-sale Agreement would attract
levy of stamp duty under Article 30(c) of the Schedule to the Karnataka Stamp Act,
1957 at the same rate as a conveyance on the advance paid in addition to the duty
payable on the lease. Again when the conveyance is subsequently executed, duty
is payable on the full value of the considerations. Thus duty becomes payable on
these transactions as for a conveyance, twice. Representations have been received
from the public requesting the Government to grant relief. In view of this and in
order to recover the full duty at the initial stage itself when the lease-cum-sale
agreement is executed, the amendments proposed are sought to be made.
Hence this Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 3rd February
1981, as No. 85, at page. 4.)
XV
Amending Act 16 of 1983.—Section 46A of the Karnataka Stamp Act, 1957
provides for recovery of stamp duty not levied or short levied. Under the said
section, the Chief Controlling Revenue Authority or an officer authorised by the
State Government could initiate action with in three years from the date of
commencement of the Karnataka Stamp (Amendment) Act, 1980 by which the said
section was introduced. In cases where the reason for non-payment was fraud, etc.,
a longer period of six years was permissible.
Action for recovery of deficit duty under the said section has to be taken in about
40000 to 50000 cases and further extension of the period has become necessary.
In these circumstances, it is considered necessary to fix the relevant period as 5
years and 10 years instead of 3 years and 6 years respectively.
An Ordinance was issued and this Bill seeks to replace the said Ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 25th March
1983, as No. 186, at page. 3.)
XVI
Amending Act 9 of 1987.- To give effect to the proposals made in the Budget
Speech, it is proposed to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 27th March
1987, as No. 243, at page. 4.)
XVII
Amending Act 24 of 1987.- Section 7 of the Karnataka Stamp Act, 1957 does
not provide for charging a copy of an instrument received in the State of Karnataka,
where an instrument is registered in any part of India other than Karnataka in
respect of the property situated in Karnataka. The different rates of stamp duty
applicable in other States in respect of sale, gift, mortgage and such transactions
have enabled the concerned parties to evade stamp duty in Karnataka by having
their documents registered in Presidency towns of Bombay, Calcutta, Madras as
499
1957: KAR. ACT 34] Stamp

well as Delhi District, vide the provisions of Section 30 (2) of the Indian Registration
Act. This has resulted in huge loss of revenue to the Government of Karnataka.
It is also considered necessary to enhance the rate of stamp duty chargeable in
respect of Partnership under article 40 of the Schedule to the Karnataka Stamp Act,
as it has been found that with a view to avoid higher stamp duty payable on
conveyances, the registering parties are resorting to the evasion of stamp duty by
entering into partnerships, with one partner contributing immovable property and the
other contributing cash, and thereafter dissolving the partnership and transferring
the immoveable property to the partner who contributed cash in lieu of such cash,
and vice-versa.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 11th February
1987, as No. 123, at page. 4.)
XVIII
Amending Act 10 of 1988.- As at present the duty in respect of any instrument
of conveyance effected by the Bangalore Development Authority, the City
Improvement Trust Board. Mysore, the Karnataka Housing Board, the Improvement
Boards constituted under the Karnataka Improvements Boards Act, 1976 shall be
payable at the rates specified in the Schedule on the amount or value of
consideration for such conveyance as setforth in the instrument.
It is proposed to extend such concession to the House Building Co-operative
Societies, registered under the Karnataka Co-operative Societies Act, 1959.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 8th February
1988 as No. 82, at page. 3.)

XIX
Amending Act 10 of 1990.- To give effect to the proposals made in the Budget
speech, it is considered necessary to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 30th March
1990, as No. 154, at page. 9.)
XX
Amending Act 11 of 1991.—To give effect to the proposals made in the Budget
Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 22nd March
1991 as No. 131, at page 47)
XXI
Amending Act 19 of 1994.- To give effect to the proposals made in the Budget
Speech it is considered necessary to amend the Karnataka Stamp Act 1957.
Hence the Bill.
(Obtained from LA Bill No. 14 of 1994.)
XXII
Amending Act 8 of 1995.- To give effect to the proposals made in the Budget
Speech it is considered necessary to amend the Karnataka Stamp Act, 1957 and
also to make some consequential amendments are proposed.
500
1957: KAR. ACT 34] Stamp

Hence the Bill.


(Obtained from LA Bill No. 2 of 1995.)
XXIII
Amending Act 20 of 1996.- Sub-clause (3)(a) of Article 20 of the Schedule to
the Karnataka Stamps Act, 1957 provides that second and subsequent sale of
Motor Vehicles of above 75 C.C. except Autorikshaws are chargeable with duty. In
order to implement the said provision properly it is necessary to cast a duty on the
registering authority not to enter such vehicles in the registration certificate unless
specified stamp duty is paid by amending the said Act suitably.
Hence the Bill.
(Obtained from LA Bill 15 of 1995 (File No. LAW 34 LGN 95)
XXIV
Amending Act 9 of 1997.- It is considered necessary to amend the Karnataka
Stamp Act, 1957 and to give effect to the proposals made in the Budget speech and
matters connected therewith.
Hence the Bill.
(Obtained from LA Bill No. 13 of 1997.)
XXV
Amending Act 22 of 1997.- As at present the duty in respect of transaction of
lease-cum-sale in connection with allotment of building sites with or without building
thereon by certain authorities like the Bangalore Development Authority, Karnataka
Housing Board etc., is payable on the market value equal to the security deposit
and the average annual rent reserved in such agreement and in respect of
instrument of conveyance effected by the above authorities, the duty is payable on
the amount or value of consideration of such conveyance as setforth in the
instrument.
It is proposed to extend the above concession in respect of allotment of industrial
sheds and plots by the Karnataka Industrial Areas Development Board, the
Karnataka Small Scale Industrial Development Corporation, the Karnataka State
Industrial Investment and Development Corporation KEONICS and allotment of land
or site to the market functionaries by the Agricultural Produce Marketing
Committees.
Hence the Bill.
(Obtained from LA Bill No. 11 of 1997.)
XXVI
Amending Act 5 of 1998.- To give effect to the proposals made in the Budget
Speech, it is considered necessary to amend the Karnataka Stamp At, 1957 and
some consequential amendments are also proposed.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 26th March
1998, as No. 347, at page. 7.)
501
1957: KAR. ACT 34] Stamp

XXVII
Amending Act 6 of 1999.- To give effect to the proposal made in the Budget
Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957 and
some consequential amendments are also proposed.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 30th
March 1999, as No. 288)
XXVIII
Amending Act 24 of 1999.- It is considered necessary to amend the Karnataka
Stamp Act, 1957 for more effective implementation of the provisions of this Act.
It is proposed, for this purposes,-
1. To define the term Assistant Commissioner to Stamps Association, Clearance
List and Immoveable property.
2. To levy duty on the copy of an original instrument where no proper duty has
been paid on the original instrument by adding an explanation under section 3.
3. To provide for enhancement of Stamp duty in certain cases since there has
been no revision of the rate for a long time.
4. To provide for payment of stamp duty in cash in certain cases.
5. To provide for keeping the instrument brought for registration where the
Registering Officer has reason to believe that the market value of the property has
not been truly setforth in the instrument and for referring the case of the Deputy
Commissioner for determination of the market value if the party, does not pay the
duty on the basis of such valuation and also to provide that the Deputy
Commissioner shall dispose of the cases as far as possible, within 90 days from the
date of reference. This is done by proposing amendment to section 45A.
6. To enhance the quantum of punishment in certain cases, by amending
relevant penal section of the Act.
7. To provide for punishment for making false declaration in clearance list and
failure to produce documents.
8. To insert a new section 53A to provide for the Chief Controlling Revenue
Authority to make a revision of the order passed by the Deputy Commissioner or
Authorised Officer within the period of five years from the date of orders passed by
them.
9. To Substitute section 67B to streamline the provisions regarding power to
enter premises and inspect certain documents.
Certain other consequential and necessary amendments are also made.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 31st
March 1999, as No. 299)
XXIX
Amending Act 7 of 2000.- To give effect to the proposals made in the Budget
Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957 and
the Karnataka Societies Registration Act, 1960.
(Obtained from L.A. Bill No. 8 of 2000.)
502
1957: KAR. ACT 34] Stamp

XXX
Amending Act 6 of 2001.- To give effect to the proposals made in the Budget
Speech, it is considered necesary to amend the Karnataka Stamp Act, 1957 and the
Karnataka Co-operative Societies Act, 1957.
Hence the Bill.
(Vide LA Bill No. 6 of 2001 File No. SAMVYASHAE 10 SHASANA 2001)
XXXI
Amending Act 6 of 2002.- To give effect to the porposals made in the Budget
Speech, it is considered necessary to amend the Karnataka Stamp Act, 1957 and
the Karnataka Socieities Registration Act, 1960.
Hence the Bill.
(Vide LA Bill No. 11 Of 2002 and File No. SAMVYASHAE 19 SHASANA 2002)
XXXII
Amending Act 17 of 2002.- It is considered ncessary to reduce or remit by
notification till 31st March, 2006, the stamp duty payable on any instrument, to be
specified therein executed by, specified new Tiny, Small Scale, Medium Scale or
Large Scale Industrial Units or Mega Projects as defined in the new industrial policy
vide Government Order CI 167 SPI 2001 dated 30.6.2001 or by such key projects of
core area as defined in the said policy or specified by the State Government from
time to time. Hence the Bill.
(Vide LA Bill No. 23 of 2002 File No. SAMVYASHAE 4 SHASANA 2002)
XXXIII
Amending Act 8 of 2003.- To give effect to the proposals made in the
Budget Speech for the year 2003-04, it is considered necessary to amend the
Karnataka Stamp Act, 1957, the Karnataka Municipalities Act, 1964, the Karnataka
Municipal Corporations Act, 1976 and the Karnataka Panchayat Raj Act, 1993.
Hence the Bill.
(Vide LA Bill No. 8 of 2003 File No. SAMVYASHAE 15 SHASANA 2003)
XXXIV
Amending Act 2 of 2004.- To give effect to the proposals made in the
Budget Speech of 2003-04, it is considered necessary to amend the Karnataka
Sales Tax Act, 1957, the Karnataka Stamp Act, 1957 and the Karnataka Motor
Vehicles Taxation Act, 1957.
Hence the Bill.
(obtained from LA Bill No. 7 of 2004 vide File No. SAMVYASHAE 11 SHASANA
2004)
XXXV
Amending Act 7 of 2006.- To give effect to the proposals made in the
Budget Speech, it is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act No. 34 of 1957). Certain consequential amendments have
also been proposed.

Hence the Bill.


[L.A. Bill No. 12 of 2006]
XXXVI
Amending Act 7 of 2007.- To give effect to the proposals made in the
Budget Speech of 2007-2008, it is considered necessary to amend the
503
1957: KAR. ACT 34] Stamp

Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957). Certain


consequential amendments have also been proposed.
Hence the Bill.
[L.A.Bill No. 20 of 2007]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XXXVII
Amending Act 11 of 2007.- In order to encourage entrepreneurs for
establishment of new industries, so as to achieve industrial as well as economic
growth in the state and in the light of New Industrial Policy 2006-2011. It is
proposed to amend the Karnataka Stamp Act, 1957 making provision to give stamp
duty exemption as per the Industrial Policy issued by the Commerce & Industries
Department.
Hence the Bill.
[L.A. Bill No. 9 of 2007]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XXXVIII
Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005
the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum
along with supporting staff has been created.
The Regional Commissioners have to be conferred with statutory powers by
necessary amendments to the relevant Acts.
Since the matter was urgent and the Karnataka Legislature was not in
session, the Karnataka Land Revenue and Certain Other Laws (Amendment)
Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve
the above Object.
Hence the Bill.
[L.A. Bill No. 7 of 2007]
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.]
XXXIX
Amending Act 1 of 2008.- In order to give effect to the proposals made in
the Budget Speech for the year 2003-2004, it is considered necessary to amend the
Karnataka Stamp Act, 1957, to dispense with the use of stamps and stamp papers
and to start using impressed stamps. The Karnataka Stamp (Amendment) Bill,
2003 was passed in the both the Houses of the Legislature for obtaining the assent
of the President on 29.3.2003. The Government of India vide their letter
17/20/2003-Judl & PP, dated:18.10.2004 has communicated the notes of the
Ministry of Law and Justice (Department of Legal Affairs) for clarification.

The Government of Karnataka considered the observations of the Ministry


of Finance, Government of India (Banking Division) communicated vide
Government of India letter dated: 11.7.2003 and the points raised by the Ministry of
Law and Justice (Department of Legal Affairs) and has decided to drop the
proposed amendment to section 19 of the Karnataka Stamp Act, 1957.
Hence the Bill.
(L.A. Bill No. 8 of 2007)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XL
Amending Act 8 of 2008.-To give effect to the proposals made in the
Budget Speech of 2008-2009, it is considered necessary to amend the Karnataka
504
1957: KAR. ACT 34] Stamp

Stamp Act, 1957 (Karnataka Act No. 34 of 1957). Certain consequential


amendments have also been proposed.
Hence the Bill.
(LA Bill No. 6 of 2008, File No. DPAL 12 Shasana 2008)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLI
Amending Act 9 of 2009.- To give effect to the proposals made in the
Budget Speech 2009-10, it is considered necessary to amend the Karnataka Stamp
Act, 1959 (Karnataka Act No.34 of 1957). Certain consequential amendments have
also been proposed.
Hence the Bill
(LA Bill No. 24 of 2009, File No. DPAL 17 Shasana 2009)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLII
Amending Act 20 of 2009.- In the Budget Speech for the year 2009-2010 it
has been announced to reduce the Stamp duty on sale transactions of all kinds of
immovable properties including agricultural land from seven and half percent to six
percent.
Therefore it is considered necessary to amend the Karnataka Stamp Act,
1957 (Karnataka Act 34 of 1957)
As the matter was urgent and both the Houses of the Karnataka State
Legislature were not in session, the Governor of Karnataka had promulgated the
Karnataka Stamp (Amendment)Ordinance, 2009 (Karnataka Ordinance No.5 of
2009)
This bill seeks to replace the said ordinance.
Hence the bill
(LA Bill No. 37 of 2009, File No. DPAL 28 Shasana 2009)
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIII
Amending Act 8 of 2010.- To give effect to the proposals made in the
Budget Speech 2010-11, it is considered necessary to amend the Karnataka Stamp
Act, 1957 (Karnataka Act No. 34 of 1957). Certain consequential amendments
have also been proposed.
Hence the bill.
[L.A. Bill No. 13 of 2010, File No.DPAL 15 Shasana 2010]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIV

Amending Act 9 of 2010.- In order to encourage entrepreneurs for


establishment of new industries in the State to combat financial crisis prevailing
globally and in the hight of the new Industrial Policy 2009-14, it is proposed to
amend the Karnataka Stamp Act, 1957, to reduce or remit stamp duty in public
interest payable on any instrument executed by key projects of core area in the
special economic zones.

Hence the Bill.

[L.A. Bill No. 01 of 2010, File No. DPAL 34 Shasana 2009]

[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]


505
1957: KAR. ACT 34] Stamp

XLV

Amending Act 16 of 2011.- To give effect to the proposals made in the


Budget Speech 2011-12 it is considered necessary to amend the Karnataka Stamp
Act, 1957 (Karnataka Act No.34 of 1957).
Hence the Bill.

[L.A. Bill No.21 of 2011, File No.Samvyashae 18 Shasana 2011]


[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLVI
Amending Act 2 of 2012.- It is considered necessary to amend the
Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957) to give effect to the
proposals made in the Budget Speech 2010-11, and to give an impetus to growth in
Agriculture, Information Technology, Bio-Technology, Science and Technology.
Hence, the Bill.
[L.A. Bill No. 45 of 2011, File No.Samvyashae 48 Shasana 2011]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]

XLVII

Amending Act 15 of 2012.- To give effect to the proposals made in the


Budget Speech of 2012-13, it is considered necessary to amend the Karnataka
Stamp Act, 1957 (Karnataka Act No. 34 of 1957). Certain consequential
amendments have also been proposed.
Hence the Bill.
[L.A. Bill No. 10 of 2012, File No.Samvyashae 23 Shasana 2012]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]

XLVIII

Amending Act 29 of 2013.- In order to promote the growth of housing


activities through documents of Joint Development Agreement and its consequent
power of attorney it is considered necessary to reduce the stamp duty payable on
one document to two hundred rupees only, if the other document is duly stamped in
accordance with law, by amending the Karnataka Stamp Act, 1957 (Karnataka Act
No. 34 of 1957).
Hence the Bill.
[L.A. Bill No. 15 of 2013, File No. Samvyashae 29 Shasana 2013]
[Entry 44 of List III of the Seventh Schedule to the Constitution of
India.]
XLIX

Amending Act 19 of 2014.- To give effect to the proposals announced in


the Budget speech for the year 2014-15, it is considered necessary to amend the
Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957), to provide for the
following:-
(1) to avoid double taxation by way of stamp duty levy, it is proposed to exempt
the stamp duty on instrument of sale, executed by or between the
Bangalore Development Authority and the concerned person, in connection
with the allotment of alternate equivalent site to the allotee, consequent to
de-notification of the land in question and pursuant to the cancellation of the
preceding sale deed which is duly stamped.
(2) to promote growth in the Aerospace industry, it is proposed to reduce or
remit the stamp duty on instruments, executed by or between the
concerned persons, in connection with the Karnataka Aerospace Policy
2013-23.
(3) to give relief/remedy to the instruments exempted from the stamp duty, as
specified in the Notification No.RD 144 MuNoMu 2003 dated:23-04-2003. It
is proposed to validate the same.
506
1957: KAR. ACT 34] Stamp

(4) to generate more revenue in the form of stamp duty, by way of better tax
compliance, it is proposed to rationalize the stamp duty on Joint
Development Agreement and its consequent power of attorney for joint
development, by way of reducing the stamp duty from the current 5% to
2%.
(5) to rationalize Stamp Duty on Award relating to movable property, it is
proposed to reduce the stamp duty on such award from the current 5% to
the rates, ranging from minimum ¼ (0.25) percent to maximum ¾ (0.75)
percent, as per the recommendation of the Law Commission of Karnataka
(twentieth report).
(6) To promote the growth of trade/industry relating to the goods being
imported in the State of Karnataka, it is proposed to reduce stamp duty on
"Delivery order in respect of the goods": from the current 0.5% to 0.1% and
to exempt stamp duty on such goods which are exempted from the levy of
customs duty by the Government of India. This measure will also generate
more revenue in the form of stamp duty by way of better tax compliance.
Hence the Bill.
[L.A. Bill No.36 of 2014, File No. Samvyashae 16 Shasana 2014]
[Entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIXI
Amending Act 03 of 2015.- It is considered necessary to amend the
Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957) to reduce or remit
stamp duty in public interest payable on any instrument executed by key projects of
core area in special economic zone made in the New Karnataka Industrial Policy
2014-2019 announced by the State Government and to give impetus to growth in
the industry.
Hence, the Bill.

[L.A. Bill No. 67 of 2014, File No. Samvyashae 51 Shasana 2014]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIXII
Amending Act 16 of 2015.- To give effect to the proposal made in the
Budget speech of 2015-16 It is considered necessary to amend the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957),
Hence the Bill.

[L.A. Bill No. 09 of 2015, File No. Samvyashae 17 Shasana 2015]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIXIII
Amending Act 07 of 2016.- To give effect to the proposal made in the
Budget Speech of 2016-17, it is considered necessary to amend the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) and to make consequential
amendments.

Hence the Bill,

[L.A. Bill No.16 of 2016 File No. Samvyashae 21 Shasana 2016]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIXIV
Amending Act 09 of 2016.- It is considered necessary to amend the
Karnataka Stamp Act, 1957 (Karnataka Act No 34 of 1957) to give effect to proposal
made in the Karnataka Tourism Policy 2015-2020, and to give impetus to the
growth in the Tourism Industry.
507
1957: KAR. ACT 34] Stamp

Hence the Bill,

[L.A. Bill No.05 of 2016 File No. Samvyashae 38 Shasana 2015]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
XLIXV
Amending Act 10 of 2016.- It is considered necessary to amend the
Karnataka Stamp Act, 1957 (Karnataka Act No 34 of 1957) The State Government
may in public interest, by notification to give effect to proposal mad in the new
Investment Incentive policy (IT, ITES, Innovation Incentive Policy) for the
IT/ITes/Start- ups/Animation/Gaming/CopmuterGraphics/Telecom/MPO/KPO/Other
Knowledge base Industries, Specified in the Government Order No: IUTD 10 PRM
th
2013 dated 16 January 2014.

Hence the Bill,

[L.A. Bill No.14 of 2016 File No. Samvyashae 51 Shasana 2015]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]

XLIXVI
Amending Act 21 of 2016.- Mines and Mineral (Development and
Regulation) Act, 1957 (Central Act 67 of 1957) Act defines a "mining lease" as a
lease granted for the purpose of undertaking mining operations, and further defines
"mining operations" as any operations undertaken for the purpose of winning any
mineral. Mining lease is essentially an instrument designed for regulation of mining
operations and mining rights. It does not fully conform to all the characteristics of a
lease of immovable property. The Possibility of privately owned and being part of
the mining lease area is also very clearly contemplated under the Mines and
Mineral (Development and Regulation) Act, 1957 as well as the Karnataka Minor
Minerals Concession Rules, 1994. Therefore, there is a need to classify mining
leases as a separate class of documents for the purpose of stamp duty, distinct
from lease of immovable property. Separate provisions are also provided for lease
granted by auction and granted by way other than auction.

Hon’ble Supreme Court in its order dated: 30.07.2015 has directed the
State Government to conduct the auction of 15 ‘C’ Category mines within outer limit
of 32 weeks, preferably 26 weeks from the date of order in accordance with the
amendments of Mines and Minerals (Development and Regulation) Act, 1957 and
the Mineral (Auction) Rules, 2015 along with additional conditions.

The time line fixed by the Hon’ble Supreme Court has already expired in
March, 2016 and in this connection an Interlocutory Application has been filed
before the Hon’ble Supreme Court for extending time for auction of mines. The
Hon’ble Supreme Court has not yet decided on Interlocutory Application filed by the
Commerce and Industries Department. The Commissioner, Department of Mines
and Geology has already extended the calendar of events four times. Making this
legislation is very essential for the Commissioner, Department of Mines and
Geology to give clarification to the bidders with respect to stamp duty and
registration fee on the Mining Lease Development and Production Agreement
(MDPA) and mining Lease Deed. The last date for giving clarification to the bidders
is 22.06.2016. proposed legislation needs to be passed before this date. If the
matter is further delayed then the Hon’ble Supreme Court may take it seriously and
508
1957: KAR. ACT 34] Stamp

it will create a very difficult position for the State Government to explain the delay in
the matter.

A new instrument called the Mine Development and Production Agreement


has been introduced by the Minerals (Auction) Rules, 2015 and the Minerals (Other
than Atomic and Hydrocarbons Energy) Minerals Rule 2016, and they also need to
be specified for the purpose of stamp duty.

As the matter was urgent and the Karnataka Legislative Assembly was not
in session, the Karnataka Stamp (Amendment) ordinance, 2016 (Karnataka
ordinance 2 of 2016) was promulgated on 22.06.2016. This bill seeks to replace
the said ordinance.

Hence the Bill.

[L.A. Bill No.21 of 2016 File No. Samvyashae 28 Shasana 2016]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]

XLIXVII
Amending Act 17 of 2017.- To give effect to the proposal made in the
Budget speech of 2017-18. It is considered necessary to amend the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957), and to make consequential
amendments.
Hence the Bill.

[L.A. Bill No.17 of 2017 File No. Samvyashae19 Shasana 2017]


[entry 63 of List II of the Seventh Schedule to the Constitution of India.]

XLIXVIII

Amending Act 32 of 2017.- It is consider necessary further to amend the


Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957) to give effect to,-
(i) the proposals made in the Agribusiness and Food Processing Policy, 2015; and
(ii) give impetus to the growth in the Agribusiness and Food Processing Industrial
Enterprises.

Hence the Bill


[L.A. Bill No.31 of 2017, File No. Samvyashae 37 Shasana 2017]
[entry 63 of List II of the Seventh Schedule to the Constitution of India.]
---------
509
1957: KAR. ACT 34] Stamp
1
[KARNATAKA]1 ACT No. 34 OF 1957.
(First published in the 1[Karnataka Gazette]1 on the Fifth day of December, 1957.)

THE 1[KARNATAKA]1 STAMP ACT, 1957.


(Received the assent of the President on the Twenty-eighth day of November, 1957.)
(As amended by Acts 8 of 1958; 29 of 1962; 17 of 1966; President’s Act 17 of 1971;
Karnataka Acts 12 of 1972; 4 of 1973; 17 of 1974; 12 of 1975; 37 of 1976; 9 of
1987, 21 of 1979; 15 of 1980; 16 of 1981; 16 of 1983; 9 of 1987, 24 of 1987; 10 of
1988; 10 of 1990; 11 of 1991; 19 of 1994; 8 of 1995; 20 of 1996; 9 of 1997, 22 of
1997; 5 of 1998; 6 of 1999; 24 of 1999; 7 of 2000, 6 of 2001, 6 of 2002, 17 of 2002,
8 of 2003, 2 of 2004, 7 of 2006, 7 of 2007, 11 of 2007, 17 of 2007, 1 of 2008,
8 of 2008, 9 of 2009, 20 of 2009, 8 of 2010, 9 of 2010, 16 of 2011, 2 of 2012, 15 of
2012, 29 of 2013, 19 of 2014, 03 of 2015 , 16 of 2015, 7 of 2016, , 9 of 2016, 10 of
2016 ,21 of 2016 ,17 of 2017 and 32 of 2017)
An Act to consolidate and amend the laws relating to Stamps.
W HEREAS it is expedient to consolidate and amend the laws relating to stamps in
1 1
the [State of Karnataka] ;
1 1
BE it enacted by the [Karnataka State] Legislature in the Eighth year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the
1 1
[Karnataka] Stamp Act, 1957.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1 1
(2) It extends to the whole of the [State of Karnataka] .
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1 1
(3) It shall come into force on such [date] as the State Government may, by
notification in the Official Gazette appoint.
1. Act came into force on 1.6.1958 by notification. Text of notification is at the end of the Act.

2. Definitions.- (1) In this Act, unless the context otherwise requires,—


1
[(a) 'Assistant Commissioner of Stamp's' means the Inspector of Registration
Offices appointed under the Registration Act, 1908 (Central Act 16 of 1908) and
includes such officer in such areas as the State Government may by notification
specify.
(aa) "Association" means any association, exchange, organisation or body of
individuals, whether incorporated or not, established for the purpose of regulating
and controlling or conducting business of the sale or purchase of or other
1
transaction relating to, any goods or marketable securities.]
1. Clauses (a) and (aa) Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
1 1
[(ab)] “bond” includes,—
(i) any instrument whereby 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;
(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
510
1957: KAR. ACT 34] Stamp

(iii) any instrument so attested, whereby a person obliges himself to deliver


grain or other agricultural produce to another;
1. Relettered by Act 24 of 1999 w.e.f. 18.8.1999.
1
[(ac) "Central Valuation Committee" means the Central Valuation
1
Committee constituted under section 45B].
1. Inserted by Act 8 of 2003 w.e.f. 1.4. 2003.
(b) “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 instrument chargeable under the law in force in the territories of the
1 1
[State of Karnataka] when such instrument was executed or, where several
persons executed the instrument at different times, first executed;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1
[(c) ‘Chief Controlling Revenue Authority’ means the officer appointed by the
2 1
State Government to be the 2[Commissioner of Stamps for Karnataka] ;]
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1
[(ca) "clearance list" means a list of transactions relating to contracts either
maintained by an association or an individual or required to be submitted to the
Clearing House of an association in accordance with the rules or bye-laws of the
association and shall always mean to include all the transactions pertaining to sale
1
as well as purchase of marketable securities;]
1. Inserted by act 24 of 1999 w.e.f. 18.8.1999.
1
[(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 immoveable or any estate is transferred
to, or vested in, any other person, and which is not otherwise specifically provided
1
for by the Schedule;]
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
1
[(dd) ‘Deputy Commissioner’ means the Chief Officer in charge of the revenue
administration of a district and includes in respect of such provisions of this Act or
rules made thereunder such officer in such area as the State Government may by
1
notification in the Official Gazette specify;]
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
1
[(e) “Duly stamped ” as applied to an instrument means that the instrument
bears impressed stamp of not less than the proper amount and that such stamp has
been impressed in accordance with law for the time being in force in the territories
1
of the State of Karnataka.]
1. Substituted by Act 1 of 2008 w.e.f. 1.4.2003
(f) “executed,” and “execution,” used with reference to instruments, mean
“signed” and “signature”;
(g) “Government security” means a Government security as defined in the
Public Debt Act, 1944 (Central Act XVIII of 1944);
1[(ga) "Immovable property" includes land, buildings, rights to ways, air rights,
development rights, whether transferable or not, benefits to arise out of land, and
511
1957: KAR. ACT 34] Stamp

things attached to the earth, or permanently fastened to anything attached to the


earth;]1
1. Inserted by act 24 of 1999 w.e.f. 18.8.1999.
1
[(h) “Impressed stamp” means;

(i) impression made with franking machine;

(ii) a certificate or endorsement made and attested as may be prescribed


by the Deputy Commissioner or the authorised officer or the proper
officer, as the case may be in the territories of the State of
1
Karnataka.]
1. Substituted by Act 1 of 2008 w.e.f. 1.4.2003
(i) “India” means the territory of India excluding the State of Jammu and
Kashmir;
(j) “instrument” includes every document 1[and record created or maintained
in or by an electronic storage and retrieval device or media]1 by which any right or
liability is, or purports to be, created, transferred, limited, extended, extinguished or
recorded;
1. Inserted by act 24 of 1999 w.e.f. 18.8.1999.
1
[(k) ‘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
1
co-owners;]
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(l) “lease” means a lease of 1[immoveable or movable property or both]1, and
includes also,—
1. Substituted by Act 9 of 1997 w.e.f. 1.4.1997
(i) a patta;
(ii) a kabuliyat or other undertaking in writing not being a counterpart or a
lease to cultivate, occupy, or pay or deliver rent for, immoveable property;
(iii) any instrument by which tolls of any description are let;
(iv) any writing on an application for a lease intended to signify that the
application is granted;
(m) “marketable security” means a security of such a description as to be
capable of being sold in any stock market in India;
1[(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, in the opinion
of the Deputy Commissioner or the Appellate Authority or the Chief Controlling
Revenue Authority 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
512
1957: KAR. ACT 34] Stamp

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
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
(n) “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;
(o) “paper” includes vellum, parchment or any other material on which an
instrument may be written;
(p) “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;
(q) “settlement” means any non-testamentary disposition in writing, of
moveable or immoveable property made,—
(i) in consideration of marriage,
(ii) for the purpose of distributing property of the settler among his family or
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 purposes;
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.
(2) The 1[Karnataka]1 General Clauses Act, 1899 shall apply for the
interpretation of this Act, as it applies for the interpretation of a 1[Karnataka]1 Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
1
[(r) “Stamp” means impressed stamp and “stamp paper ” means a paper
1
bearing the impressed stamp.]
1. Inserted by Act 1 of 2008 w.e.f. 1.4.2003.
CHAPTER II
STAMP DUTIES
A.—Of the Liability of Instruments to Duty.
3. Instruments chargeable with duty.- Subject to the provisions of this Act
and the exemptions contained in the Schedule, the following instruments shall be
chargeable with duty of the amount indicated in that Schedule as the proper duty
therefor, respectively, that is to say,—
(a) every instrument mentioned in that Schedule which, not having been
previously executed by any person, is executed in the territories of the 1[State of
Karnataka]1 on or after the commencement of this Act; and
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
(b) every instrument mentioned in that Schedule which, not having been
previously executed by any person, is executed out of the 1[State of Karnataka]1
on or after that day, relates to any property situate, or to any matter or thing done or
to be done, in the territories of the 1[State of Karnataka]1 and is received in the
territories of the 1[State of Karnataka]1:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
Provided that no duty shall be chargeable in respect of,—
513
1957: KAR. ACT 34] Stamp

(1) any instrument, executed by, or on behalf of, or in favour of, the 1[State
Government]1 in cases where, but for this exemption, the 1[State Government]1
would be liable to pay the duty chargeable in respect of such instrument;
1. Substituted by Act 17 of 1966 w.e.f. 15.11.1966 by notification text of notification at the
end of the Act.
1[Explanation.- Where no proper duty has been paid on the original of an
instrument which is chargeable with an amount indicated in the Schedule as proper
duty therefor, then a copy of such instrument whether certified or not and whether a
facsimile image or otherwise of the original shall be chargeable with duty of an
amount which is indicated in Schedule as proper duty for the original of such
instrument, and all the provisions of this chapter and chapters IV, VI, VII and VIII of
this Act shall mutatis mutandis be applicable to such copy of the original.]1
1. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
(2) any instrument for sale, transfer or other disposition, either absolutely or by
way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or
property of or in any ship or vessel registered under 1[the Merchant Shipping Act,
1958]1.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
1[3A. Instruments liable to duty in multiples of five naye paise.-
Notwithstanding anything contained in section 3 and the Schedule or any rule or
order published under section 9, the proper duty payable on any instrument shall be
computed and determined in multiples of five naye paise:
Provided that where a scale has been specified for determining the proper duty,
the total amount of duty payable on any instrument shall be calculated in
accordance with such scale, and where the total amount so calculated includes in
addition to any multiple of five naye paise a fraction of five naye paise, such fraction
shall be deemed to be five naye paise, and the total amount of duty payable on the
instrument shall be determined accordingly.]1
1. Inserted by Act 29 of 1962 w.e.f. 1.10.1962.
2
1[3B. Certain instruments chargeable with additional duty.- [(1) Any
instrument of conveyance, exchange, settlement, gift or lease in perpetuity of
immovable property chargeable with duty under section 3 read with articles of the
schedule shall be chargeable with additional duty at the rate of ten percent, on such
duty chargeable on such instrument of conveyance, exchange, gift, settlement and
lease in perpetuity, for the purpose of various infrastructure projects across the
State, equity investment in the Bangalore Mass Rapid Transport Limited and for
Mukhya Manthri Grameena Rasthe Abhivrudhi Nidhi in the proportion of 57:28:15
2
respectively]
(2) The additional duty chargeable under sub-section (1) shall be in addition
to any duty chargeable under section 3.
(3) Except as otherwise provided in sub-section (1) provisions of this Act,
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
1. Substituted by Act 6 of 2001 w.e.f. 1.4.1998
2. Substituted by Act 2 of 2004 w.e.f. 1.2.2004
1[3C. Limit on levy of additional stamp duty.- Notwithstanding anything
contained in any other law for the time being in force, no instrument shall be
charged with any duty in the form of additional stamp duty under such other law,
514
1957: KAR. ACT 34] Stamp

exceeding the maximum amount of duty with which such instrument is chargeable
under this Act.]1
1. Inserted by Act 6 of 1999 w.e.f. 1.4.1999.
4. Several instruments used in single 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 the Schedule for the
conveyance, mortgage, or settlement, and each of the other instruments shall be
chargeable with a duty of 1[one hundred]1 rupees instead of the duty (if any)
prescribed for it in the Schedule.
1. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.
(2) The parties may determine for themselves which of the instruments so
employed shall, for the purpose of sub-section (1), be deemed to be 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.
5. Instruments relating to several distinct matters.- Any instrument
comprising or relating to several distinct matters shall be chargeable with the
aggregate amount of the duties with which separate instruments, each comprising
or relating to one of such matters, would be chargeable under this Act.
6. Instruments coming within several descriptions in Schedule.- Subject
to the provisions of the last preceding section, an instrument so framed as to come
within two or more of the descriptions in the Schedule shall, where the duties
chargeable thereunder are different, be chargeable only with the highest of such
duties:
Provided that nothing contained in this Act shall render chargeable with duty
exceeding 1[four rupees and fifty naye paise]1 a counter part or duplicate of any
instrument chargeable with duty and in respect of which the proper duty has been
paid.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
7. Payment of higher duty in respect of certain instruments.- (1)
Notwithstanding anything contained in section 4 or 6 or in 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
(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 the State, have been
chargeable under this Act with a higher rate of duty, be the duty with which the
principal or original instrument would have 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.
515
1957: KAR. ACT 34] Stamp

1[(3) Where any instrument is registered in any part of India other than Karnataka
and the instrument relates wholly or partly to any property situated in Karnataka, the
copy of such instrument shall, when received in Karnataka be liable to be charged
with the difference of stamp duty as original under section 19 to the extent of and in
proportion to the consideration or value of the property situated in Karnataka and
the party liable to pay stamp duty on the original instrument shall upon receipt of
notice from the registering officer pay the difference in duty within the time
allowed.]1
1. Inserted by Act 24 of 1987 w.e.f. 12.6.1987.
8. Bonds or other securities issued on loans.- (1) Notwithstanding
anything contained in this Act, any local authority raising a loan under the provisions
of any law for the time being in force, by the issue of bonds or other securities, shall,
in respect of such loan, be chargeable with a duty of one percentum on the total
amount of the bonds or other securities issued by it, and such bonds or other
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 other
securities from being stamped and from being chargeable with certain further duty
shall apply to the bonds or other securities of all outstanding loans of the kind
mentioned therein and all such bonds or other securities shall be valid, whether the
same are stamped or not.
(3) In the case of wilful neglect to pay the duty required by this section, the local
authority shall be liable to forfeit to the Government a sum equal to ten percentum
upon the amount of duty payable, and a like penalty for every month after the first
month during which the neglect continues.
9. Power to reduce, remit or compound duties.- (1) The State Government
may, by rule or order published in the Official Gazette,—
3 3
(a) [reduce upto fifty percent] in the whole or any part of the 2[State of
Karnataka]2, if in the opinion of the State Government it is necessary in public
interest so to do, the duties with which 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
5
[Provided that the State Government may in public interest reduce or remit
the stamp duty payable on an instrument executed,-
(i) by or in favour of any person to obtain or to repay loan, as
the case may be, for an agricultural purpose as defined in the
Karnataka Agricultural Credit Operations and Miscellaneous
Provisions Act, 1974 (Karnataka Act 2 of 1975),
(ii) by a public sector undertaking, to obtain loan for the purpose
for which it is established,
(iii) by or in favour of loanee to obtain or repay loan, as the case
may be for the purposes of pursuing education, acquiring
and installing water harvesting units and non-conventional
5
energy devices such as solar and biogas energies, ]
7
[(iv) by or in favour of loanee to obtain loans for non-agricultural
purposes advanced to ‘Joint Liability Groups’ by Schedule
Banks and other Financial Institutions specified in this behalf;
516
1957: KAR. ACT 34] Stamp

(v) by or in favour of farmers for the allotment of developed lands


to the farmers, when their lands are acquired for public
purposes;
(vi) by or in favour of farmers for the purchase of lands from the
compensation amount paid to them when their lands are
7
acquired for public purposes.]
6
[Provided further that the State Government may, in public interest, by
notification, reduce or remit the stamp duty payable on any instrument to be
specified therein, executed by or between Special Economic Zone Developer, Co-
Developer, Land Owners, Karnataka Industrial Areas Development Board and
Financial Institutions as defined in the State policy for Special Economic Zones –
2009, vide Government Order No. CI 114 SPI 2007, Bangalore, dated: 28-02-2009.
Provided also that the State Government may, in public interest, by
st
notification, reduce or remit, till 31 March 2014, the stamp duty payable on any
instrument to be specified therein executed by specified new and existing micro,
small, medium enterprises, Large Scale Industrial Units and mega projects including
expansion or modernization or diversification projects, as defined in the Karnataka
Industrial Policy 2009-14 specified in the Government Order No. CI 233 SPI 2008,
Dated: 28-02-2009 or by such key projects of core area as defined in the said policy
6
or specified by State Government from time to time]
7
[Provided also that the State Government may in public interest, by
notification, reduce or remit the stamp duty payable on any instrument to be
specified therein, executed by or between the concerned persons in connection with
2009-14 tourism policy of the State specified in Government Order No. Ka Sam Va
th
Pra 231 Pra Va Yo 2007 dated: 20 October 2009 or specified by the State
7
Government from time to time.]
8
[Provided also that the State Government may in public interest, reduce or
remit by notification the stamp duty payable on any instrument to be specified
therein, executed by or between the concerned persons in connection with,-
(a) the integrated Karnataka Agri-Business Development policy
2011, specified in the Government order No. AHD 172 AFT
th
2010, Bangalore, dated 5 March 2011 or as specified by the
State Government from time to time;
(b) the Semiconductor policy of Karnataka State- 2010, specified in
the Government Order No. ITD 10 PRM 2008, Bangalore,
th
Dated 25 February 2010 or as specified by the State
Government from time to time;
(c) The information and communications technology policy- 2011,
specified in the Government Order No. ITD 11 PRM 2008,
Bangalore,
nd
Dated 2 February 2010 or as specified by the State
Government from time to time;
(d) The Karnataka Electronics Hardware Policy – 2011, specified
in the Government Order No. ITD 09 PRM 2008, Bangalore,
th
Dated 29 January 2011 or as specified by the State
8
Government from time to time.]
5
[Provided also that the state government may in public interest reduce or
remit by notification, the stamp duty payable on any instrument to be specified
therein, executed,-
(i) by or in favour of Rajiv Gandhi Housing Corporation in
connection with implementation of housing programme
including houses built under Indira Awaas Yojana, for the
economically weaker sections and special occupational
categories both in rural and urban areas for the purpose of
providing residential facilities with capital investment by the
state government and loan borrowed from Housing And
Urban Development Corporation,
(ii) in favour of local bodies, urban development authorities and
other public authorities to be specified therein, for the
517
1957: KAR. ACT 34] Stamp

purposes of providing roads, civic amenities, parks, water


bodies, mini-forests, boulevards, etc. which are exclusively
5
meant for public purpose.]
9
[Provided also that, the State Government may, in public interest, by
notification, reduce or remit stamp duty on an instrument, to be specified therein
from time to time, executed,-
(a) by or between the Bangalore Development Authority and the
concerned allotee, in connection with the allotment of alternate
equivalent site, consequent to de-notification of the land in
question and pursuant to the cancellation of the preceding sale
deed which is duly stamped; and
(b) by or between the concerned persons, in connection with the
Karnataka Aerospace Policy 2013-23, specified in the
Government Order No.CI 17 SPI 2012, dated:06-02-2013 or
specified by the State Government from time to time.]9
9
[Provided also that, the State Government may, in public interest by notification
reduce or remit stamp duty payable on instruments specified in notification No.RD
9
144 MuNoMu 2003 dated:23-04-2003. ]
12
[Provided also that the State Government may, in public interest, by
notification till 25.03.2020 reduce or remit to the extent specified in the Tourism
Policy 2015-2020 the stamp duty payable on any instrument executed by or in
favour of the “eligible entities” as defined in connection with the Karnataka Tourism
Policy, 2015-2020 specified in the Government Order No.TD 81 TTT 2014, dated
26.03.2015 or specified by the State Government from time to time]12
10
[Provided also that the State Government may, in public interest, by
th
notification, reduce or remit, till 30 September 2019 the stamp duty payable on any
instrument to be specified therein executed by specified new and existing micro,
small, medium enterprise (MSME), Large, Mega, Ultra Mega, Super Mega
enterprises including expansion, modernization and diversification projects as
defined in the Karnataka Industrial Policy 2014-2019 specified in the Government
order CI 58 SPI 2013 dated: 01.10.2014 or by any such key projects of core area as
defined in the said policy or specified by the State Government from time to time]10
11
[Provided also that, the State Government may, in public interest, by
notification, remit the stamp duty payable on instruments executed by or in favour of
the Government of Karnataka, the Government Institutions, Public Sector
Undertakings, farmers or other persons as specified in Notification No. RD 71
MuNoMu 2014, dated 10-02-2016, in the following circumstances, namely:-
(i) when the farmer’s land is acquired and in lieu of compensation
amount, when developed land is given as compensation;
(ii) when the farmer’s land is acquired and from the compensation amount
if the farmer purchases agricultural or non-agricultural land; and
(iii) when the farmer’s or other’s land is acquired and from the compensation
amount, if the farmer or other person purchases agricultural or non-
agricultural land;
for the purpose of the above exemption a certificate to that effect issued by the
Deputy Commissioner or the concerned Authority has to be furnished containing the
11
details of the land acquired and the details of the compensation given.]
13
[Provided also that the State Government may, in public interest, by
th
notification, reduce or remit, for a period of five years with effect from 16 January
2014, the stamp duty payable on any instrument executed by or between the
concerned persons, in connection with the new Investment Incentive Policy (i.e.
policy: IT, ITes, Innovation Incentives Policy) for the IT/ITes/Start-ups/ Animation
/Gaming / Computer Graphics /Telecom/ BPO/KPO/other knowledge based
industries, specified by general or special order of the State Government from time
to time subject to production of a certificate to that effect from the prescribed
13
Authority]
518
1957: KAR. ACT 34] Stamp

(b) provide for the composition or consolidation of duties in the case of issues
7
by any incorporated company or other body corporate of bonds [or other
7
marketable securities, brokers’ notes, policies of insurance and receipts.]
14
[Provided also that the State Government may in public interest, by notification,
with effect from 21st January, 2016, reduce or remit during the policy period, stamp
duty payable on the instruments to be specified therein, executed by or in favour of
the eligible industrial enterprises, in connection with the Karnataka Agribusiness
and Food Processing Policy 2015, specified in the Government Order No.AGD 94
st
AMS 2015, dated: 11.12.2015, published in the Karnataka Gazette, dated: 21
January, 2016 or any other modifications specified by the State Government from
time to time subject to production of a certificate to that effect from the Prescribed
14
Authority.]
4
[(1A) Notwithstanding anything contained in any other law for the time
being in force, no reduction or remission of stamp duty shall be allowed unless it is
4
notified in accordance with sub-section (1).]
1
[(2) Every rule or order published under clause (a) of sub-section (1) shall be
laid as soon as may be after it is published before each House of the State
Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if before the expiry of
the session in which it is so laid or the session immediately following both Houses
agree in making any modification in the rule or order or both Houses agree that the
rule or order should not be made, the rule or order shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of anything
1
previously done under that rule or order.]
B.—Of Stamps and the mode of using them.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
3. Substituted by Act 5 of 1998 w.e.f. 1.4.1998.
4. Inserted by Act 5 of 1998 w.e.f 01.04.1998.
5. Substituted by Act 8 of 2010 w.e.f. 1.4.2010.
6. Substituted by Act 9 of 2010 w.e.f 03.04.2010.
7. Inserted by Act 16 of 2011 w.e.f. 1.4.2011.
8. Inserted by Act 2 of 2012 w.e.f. 4.1.2012.
9. Inserted by Act 19 of 2014 w.e.f 01.03.2014
10. Inserted by Act 3 of 2015 w.e.f 01.10.2014
11. Inserted by Act 7 of 2016 w.e.f 01.04.2016.
12. Inserted by Act 9 of 2016 w.e.f. 01.04.2016
13. Inserted by Act 10 of 2016 w.e.f. 01.04.2016
14. Inserted by Act 32 of 2017 w.e.f. 03.07.2017.
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 provision herein contained; or
(b) when no such provision is applicable thereto, as the Government may by
rule direct.
(2) The rules made under sub-section (1) may, among other matters, regulate,-
(a) in the case of each kind of instrument—the description of stamps which may
be used;
1
[(b) in case of an instrument affixed or endorsed with certificate of stamp the
1
manner of recording such certificate.]
1. Substituted by Act 1 of 2008 w.e.f. 1.4.2003
519
1957: KAR. ACT 34] Stamp
1
[(3) Subject to the rules made under clause (b) of sub-section (1), the Chief
Controlling Revenue Authority or any other officer empowered by the State
Government in this behalf may authorise any person, body or organisation,
including Post Offices and Banks, to use machine for making impression of stamps
2
[or implement Computerised Stamp duty administration system or Electronic
Stamping or Dematerialisation of stamping; for indicating the payment of stamp duty
2 1
on any Instrument or plain paper, as the case may be] ]
1. Inserted by Act 6 of 1999 w.e.f. 1.4.1999.
2. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
1
[10A. Payment of stamp duty by cash in certain cases.- (1)
Notwithstanding anything contained in section 10, the stamp duty payable on an
instrument may also be paid in cash by challan in the Banking Treasury or
Treasury, counter signed by an officer empowered by the State Government by
notification in this behalf or by demand draft or by pay order drawn on a branch of
any scheduled bank. The officer so empowered shall, on production of such challan
and after due verification that the duty has been paid, or upon production of demand
draft or pay order as the case may be, certify in such manner as may be prescribed
by endorsement on the instrument, of the amount of the duty so paid.
1. Inserted Act 24 of 1999 w.e.f. 18.8.1999.
(2) An endorsement made on any instrument under sub-section (1) 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 thereof and such payment has been
indicated on such instrument by means of stamps, in accordance with requirements
of section 10.
(3) Nothing in this section shall apply to,-
(i) the payment of stamp duty chargeable on the instruments specified in entry
91 of List I of the Seventh Schedule to the Constitution of India; and
(ii) the instruments presented after two months from the date of their execution
1
or first execution.]
1 1
11. [X X X]
1. Omitted by Act 1 of 2008 w.e.f. 1.4.2003
1 1
12. [X X X]
1. Omitted by Act 1 of 2008 w.e.f. 1.4.2003
13. Instruments 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.
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.
15. Instruments 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.
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 instrument, the payment of such last mentioned duty shall, if
application is made in writing to the 1[Deputy Commissioner]1 for that purpose, and
on production of both the instruments, be denoted upon such first mentioned
520
1957: KAR. ACT 34] Stamp

instrument, by endorsement under the hand of the 1[Deputy Commissioner]1 or in


such other manner, if any, as the State Government may by rules prescribe.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
C.—Of the time of Stamping Instruments.
17. Instruments executed in the 1[State of Karnataka]1.- All instruments
chargeable with duty and executed by any person in the 1[State of Karnataka]1
shall be stamped before or at the time of execution.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
1[Provided that nothing in this section shall apply to an instrument in respect of
which stamp duty has been paid under section 10A.]1
1. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
18. Instruments executed out of India.- (1) Every instrument chargeable with
duty executed only out of India may be stamped within three months after it has
been first received in the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(2) Where any such instrument cannot, with reference to the description of
stamp, prescribed therefor, be duly stamped by a private person, it may be taken
within the said period of three months to the 1[Deputy Commissioner]1 who shall
stamp the same, in such manner as the Government may by rule prescribe, with a
stamp of such value as the person so taking such instrument may require and pay
for.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
19. Payment of duty on certain instruments liable to increased duty in the
1[State of Karnataka]1.- Where any instrument of the nature described in any
article in the Schedule and relating to any property situate or to any matter or thing
done or to be done in the 1[State of Karnataka]1 is executed out of the said State
and subsequently received in the said State,—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(a) the amount of duty chargeable on such instrument shall be the amount of
duty chargeable under the Schedule on a document of the like description executed
in the 1[State of Karnataka]1 less the amount of duty, if any, already paid on such
instrument in any other State in India,
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(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 the
1[State of Karnataka]1 for the first time at the time when it became chargeable with
the higher duty, and
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(c) the provisions contained in clause (b) of the proviso to subsection (3) of
section 32 shall apply to such instrument as if such were an instrument executed or
first executed out of India and first received in the 1[State of Karnataka]1 when it
521
1957: KAR. ACT 34] Stamp

became chargeable to the higher duty aforesaid, but the provision contained in
clause (a) of the said proviso shall not apply thereto.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
D.—Of Valuations for Duty.
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 of India, such duty shall be calculated on the value of
such money in the currency of India according to the current rate of exchange on
the day of the date of the instrument.
(2) The rate of exchange prescribed by the Central Government under sub-
section (2) of section 20 of the Indian Stamp Act, 1[1899]1 (Central Act II of
1[1899]1) shall be deemed to be the current rate of exchange for the conversion of
any foreign currency for the purposes of calculating the duty under sub-section (1).
1. Substituted by Act 8 of 1958 w.e.f. 29.3.1958.
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 such
stock or security according to the average price or the value thereof on the day of
the date of the instrument.
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.
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 no mention of
interest been made therein.
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 a
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 5 of the Schedule.
(2) A release or discharge of any such instrument shall be chargeable with the
like duty.
25. How transfer in consideration of debt, or subject to future payment
etc., to be charged.- Where any property is transferred to any person in
consideration, wholly or in part, of any debt due to him, or subject either certainly or
contingently to the payment or transfer of any money or stock, whether being or
constituting a charge or encumbrance upon the property or not, such debt, money,
or stock is to be deemed the whole or part, as the case may be, of the consideration
in respect whereof the transfer is chargeable with ad valorem duty:
522
1957: KAR. ACT 34] Stamp

Provided that nothing in this section shall apply to any such certificate of sale as
is mentioned in Article 15 of the Schedule.
Explanation.- In the case of a sale of property subject to a mortgage or other
encumbrance, any unpaid mortgage money or money charged, together with the
interest (if any) due on the same, shall be deemed to be part of the consideration for
the sale:
Provided that, where 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.
Illustrations.
(1) A owes B Rs. 1,000. A sells a property to B the consideration being Rs. 500
and the release of the previous debt of Rs. 1,000. Stamp duty is payable on Rs.
1,500.
(2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for
Rs. 1,000 and unpaid interest Rs. 200. Stamp duty is payable on Rs. 1,700.
(3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B
afterwards buys the house from A. Stamp duty is payable on Rs. 10,000 less the
amount of stamp duty already paid for the mortgage.
26. Valuation in case of annuity, etc.- Where an instrument is executed to
secure the payment of annuity or other sum payable periodically, 1[x x x]1 the
amount secured by such instrument, 1[x x x]1 shall, for the purposes of this Act be
deemed to be,—
1. Omitted by Act 12 of 1975 w.e.f. 1.5.1975.
(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 1[x x x]1-the total
amount which, according to the terms of such instrument 1[x x x]1 will or may be
payable during the period of twenty years calculated from the date on which the first
payment becomes due; and
1. Omitted by Act 12 of 1975 w.e.f. 1.5.1975.
(c) where the sum is payable for an indefinite time terminable with any life in
being at the date of such instrument 1[x x x]1—the maximum amount which will or
may be payable as aforesaid during the period of twelve years calculated from the
date on which the first payment becomes due.
1. Omitted by Act 12 of 1975 w.e.f. 1.5.1975.
27. Stamp where value of subject matter is indeterminate.- Where the
amount or value of the subject matter of any instrument chargeable with ad valorem
duty cannot be or 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 mine in which royalty or a share of the
produce is received as the rent, or the 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 1[Deputy Commissioner]1 may, having regard
523
1957: KAR. ACT 34] Stamp

to all the circumstances of the case, have estimated as likely to be payable


by way of royalty or share to the Government under the lease; or
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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 any
instrument under section 31 or 39 the amount certified by the 1[Deputy
Commissioner]1 shall be deemed to be the stamp actually used at the date of
execution.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
28. Facts affecting duty to be set forth in instrument.- 1[(1)]1 The
consideration (if any) and all other facts and circumstances 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. Re-numbered by Act 17 of 1966 w.e.f. 15.11.1966.
1[(2) In the case of instruments relating to immovable property chargeable with
an ad valorem duty on the value of the property, and not on the value set forth, the
instrument shall fully and truly set forth the annual land revenue in the case of
revenue paying land, the annual rental or gross assets, if any, in the case of other
immovable property, the local rates, municipal or other taxes, if any, to which such
property may be subject, and any other particulars which may be prescribed by
rules made under this Act.]1
1. Inserted by Act 17 of 1966 w.e.f. 15.11.1966.
1[(3) In the areas where section 45A is in force, the instruments referred to in the
said section shall fully and truly set forth the market value of the property which is
the subject matter of the instrument and such other particulars as the State
Government may by rules prescribe.]1
1. Inserted by Act 12 of 1975 w.e.f. 1.5.1975.
1[28A, 28B. x x x]1
1. Omitted by Act 6 of 1999 w.e.f. 1.4.1999.
1[29. Direction as to duty in case of certain conveyances.- Where a sub-
purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with advalorem duty in respect of the market
value of the property which is the subject matter of conveyance and is duly stamped
accordingly, any conveyance to be afterwards made to him for 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 which is the
subject matter of the conveyance or where such duty would exceed ten rupees, with
a duty of ten rupees.]1
1. Substituted by Act 12 of 1975 w.e.f. 1.5.1975
E.—Duty by whom payable.
30. Duties 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 the
Schedule, namely
No. 2 (Administration Bond),
524
1957: KAR. ACT 34] Stamp

No. 6 (Agreement relating to deposit of title deeds, pawn or pledge)


No. 12 (Bond),
No. 13 (Bottomry Bond),
No. 1[23]1 (Customs Bond),
No. 1[27]1 (Further Charge),
No. 1[29]1 (Indemnity Bond),
No. 1[34]1 (Mortgage Deed),
No. 1[45]1 (Release),
No. 1[46]1 (Respondentia Bond),
No. 1[47]1 (Security Bond or Mortgage Deed).
No. 1[48]1 (Settlement),
No. 1[52]1 (a) (Transfer of Debentures, being marketable securities,
whether the debenture is liable to duty or not),
No.1[52]1 (b) (Transfer of any interest secured by a bond, mortgage deed
or policy of insurance), by the person drawing, making or executing
such instrument;

(b) in the case of a conveyance (including a reconveyance of mortgaged


property) by the grantee; 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 lessor;
3 3
[(ca) in the case pf power of attorney by the principal;]
(d)in the case of an instrument of exchange—by the parties in equal shares;
2
[(dd) in the case of a certificate of enrolment in the roll of advocates maintained
2
by the State Bar Council—by the Advocate enrolled;]
(e) in the case of a certificate of sale—by the purchaser of the property to which
such certificate relates; and
(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
[“(g) in the case of an acknowledgement of debt [Art. 1(i)] - by the Debtor;
(h) in the case of an acknowledgement of a letter, article, etc., [Art. 1(ii)] - by
the Person owning the letter, article etc.,;
(i) in the case of an adoption deed [Art.3]- by the adopter;
(j) in the case of an affidavit [Art.4] - by the executant;
(k) in the case of an agreement for sale of bill of exchange [Art.5(a)]- by the
Purchaser;
(l) in the case of an agreement for purchase or sale of a Government
security [Art.5(b)]- by the purchaser;
(m) in the case of an agreement for purchase or sale of shares, stocks
[Art.5(c)]- by the purchaser;
(n) in the case of an agreement for transaction of lease-cum- sale[Art.5(d)] -
by the lessee;
(o) in the case of any instrument of lease-cum-sale effected by the Bengaluru
Development Authority or the Karnataka Housing Board [Art.5 (da)] - by the Lessee;
(p) in the case of agreement for sale of immovable property [Art.5(e)] - by the
purchaser;
(q) in the case of agreement for construction or development of an
immovable property [Art.5(f)] - by the developer;
525
1957: KAR. ACT 34] Stamp

(r) in the case of agreement for sale of movable property [Art. 5(g)]- by the
purchaser;
(s) in the case of agreement to mortgage [Art. 5(h)]- by the mortgager;
(t) in the case of contract between the Depository Participant and client for
opening de-mat account [Art.5 (i)] - by the client;
(u) in the case of agreement relating to contract between stock broker or sub
broker and client (principal) for Stock Market operations [Art. 5 (i-a)] - by the client;
(v) in the case of agreement relating to advertisement or telecasting or
broadcasting of programs for promotion and development of business [Art.5(i-b)] -
by the advertiser;
(w) in the case of agreement relating to assignment or transfer of intellectual
property rights [Art.5(i-c)] - by the assignee;
(x) in the case of agreement relating to building works or labour or services
(works contracts) [Art.5 (i-d)] - by the person entrusting the works or availing the
services;
(y) in the case of chit agreement [Art.5(i-e)] - by the chitster;
(z) in the case of agreement if not otherwise provided for [Art.5(j)] - by the
executant;
(za) in the case of appointment in execution of a power [Art.-7] - by the
executant;
(zb) in the case of appraisement or valuation [Art.-8] - by the person availing
the services;
(zc) in the case of apprenticeship deed [Art.-9] - by the apprenticee;
(zd) in the case of articles of association of a company [Art.-10] - by the
company;
(ze) in the case of award [Art.-11] - by the awardee;
(zf) in the case of cancellation of instruments [Art.-14] - by the executant;
(zg) in the case of certificate or other document evidencing the title of the
holder thereof or any other person, either to any share, scrip or stock [Art.-16]- by
the company issuing share, scrip or stock;
(zh) in the case of charter-party [Art.-18]- by the charterer or shipper;
(zi) in the case of clearance list [Art.18-A]- by the investors;
(zj) in the case of composition deed [Art.19]- by the debtor;
(zk) in the case of copy or extract [Art.21]- by the applicant;
(zl) in the case of counterpart or duplicate [Art.22]- by the person who paid the
stamp duty on the original document;
(zm) in the case of delivery order in respect of goods [Art.24] - by the importer;
(zn) in the case of divorce deed of marriage [Art.25]- by the divorcer;
(zo) in the case of gift deed [Art.28]- by the donee;
(zp) in the case of letter of allotment of shares, in any company [Art.31]- by the
company;
(zq) in the case of letter of licence [Art.32] - by the debtor;
(zr) in the case of licence of immovable or moveable property [Art.32-A] - by
the licensee;
(zs) in the case of memorandum of association of a company [Art.33] - by the
company;
(zt) in the case of mortgage of a crop [Art.35] - by the mortgagor;
(zu) in the case of Notarial act [Art.36] - by the applicant;
(zv) in the case of Note or Memorandum or record of transactions (electronic or
otherwise) - Sent by a broker or agent [Art.37]- by the Investors;
(zw) in the case of Note of protest by the master of a ship [Art.38]- by the
charterer or shipper or the consignee or the importer as the case may be;
(zx) in the case of partnership- instrument of constitution [Art.40(A)] - by the
partnership firm;
(zy) in the case of partnership- instrument of reconstitution [Art.40(B)] - by the
partnership firm;
(zz) in the case of partnership – instrument of dissolution [Art.40-(C)(a)] - by
the outgoing partner to whom the property is allotted;
(zza) in any other case [Art.40-(C)(b)]- by the partnership firm;
526
1957: KAR. ACT 34] Stamp

(zzb) in the case of limited liability partnership [Art.40-A]- by the limited liability
partnership;
(zzc) in the case of protest of bill or note [Art.42] - by the beneficiary;
(zzd) in the case of protest by the master of a ship [Art.43]- by the charterer or
shipper or the consignee or the importer as the case may be;
(zze) in the case of share warrants, to bearer issued under the Companies Act.
[Art.49]- by the company;
(zzf) in the case of shipping order [Art.50]- by the shipper;
(zzg) in the case of surrender of lease [Art.51]- by the lessee;
(zzh) in the case of transfer- of any property under section 25 of the
Administrator General Act, 1963 [Art.52-(c)]- by the beneficiary;
(zzi) in the case of transfer- of any trust property [Art.52-(d)]- by the trust or
trustee or beneficiary as the case may be;
(zzj) in the case of transfer of lease [Art.53] - by the transferee;
(zzk) in the case of transfer of licence [Art.53-A]- by the transferee;
(zzl) in the case of Trust- declaration of or concerning, any property [Art.54]- by
the author of the Trust; and
(zzm) in the case of warrant for goods [Art.55]- by the owner of the
4
goods;”]
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Inserted by Act 29 of 1962 w.e.f. 1.10.1962.
3. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
4. Inserted by Act 17 of 2017 w.e.f.01.04.2017.

CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.- (1) When any instrument, whether
executed or not and whether previously stamped or not is brought to the 1[Deputy
Commissioner]1, 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 2[one
hundred rupees]2, the 1[Deputy Commissioner]1 shall determine the duty (if any)
with which, in his judgment, the instrument is chargeable.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Substituted by Act 24 of 1999 w.e.f. 18.8.1999.
(2) For this purpose the 1[Deputy Commissioner]1 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 that all the facts and circumstances affecting the
chargeability of the instrument with duty, or the amount of the duty with which it is
chargeable, are fully and truly set forth therein, and may refuse to proceed upon any
such application, until such abstract and evidence have been furnished accordingly:
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
Provided that,-
(a) no evidence furnished in pursuance of this section shall be used against any
person in any civil proceeding except in any enquiry as to the duty with which the
instrument to which it relates is chargeable; and
(b) every person by whom any such evidence is furnished, shall, on payment of
the full duty with which the instrument to which it relates, is chargeable, be relieved
from any penalty which he may have incurred under this Act by reason of the
omission to state truly in such instrument any of the facts or circumstances
aforesaid.
32. Certificate by 1[Deputy Commissioner]1.- (1) When an instrument
brought to the 1[Deputy Commissioner]1 under section 31, is in his opinion, one of a
description chargeable with duty, and,-
527
1957: KAR. ACT 34] Stamp

1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.


(a) the 1[Deputy Commissioner]1 determines that it is already fully stamped, or
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(b) the duty determined by the 1[Deputy Commissioner]1 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,
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
the 1[Deputy Commissioner]1 shall certify by endorsement on such instrument that
the full duty (stating the amount) with which it is chargeable has been paid.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(2) When such instrument is, in his opinion, not chargeable with duty, the
1[Deputy Commissioner]1 shall certify in manner aforesaid that such instrument is
not so chargeable.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(3) 1[Subject to any orders made under Chapter VI, any instrument upon
which]1 an endorsement has been made under this section shall be deemed to be
duly stamped or not chargeable with duty, as the case may be; and, if chargeable
with duty, shall be receivable in evidence or otherwise, and may be acted upon and
registered as if it had been originally duly stamped:
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
Provided that nothing in this section shall authorise the 1[Deputy
Commissioner]1 to endorse,—
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(a) any instrument executed or first executed in India 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 India and brought to him
after the expiration of three months after it has been first received in the 1[State of
Karnataka]1; or
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(c) any instrument chargeable 1[with a duty not exceeding fifteen naye paise]1
or a mortgage of crop [Article 1[35]1(a) of the Schedule] chargeable under clause
(a) or (b) of section 3 with a duty of twenty-five naye paise, when brought to him,
after the execution thereof, on paper not duly stamped.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.- (1) 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 every 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 by the law in force in
the 1[State of Karnataka]1 when such instrument was executed or first executed:
528
1957: KAR. ACT 34] Stamp

1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.


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;
(b) in the case of a Judge of the High Court, the duty of examining and
impounding any instrument under this section may be delegated to such officer as
the Court appoints in this behalf.
(3) For the purposes of this section, in cases of doubt, the Government may
determine,—
(a) what offices shall be deemed to be public offices; and
(b) who shall be deemed to be persons in charge of public offices.
34. Instruments not duly stamped inadmissible in evidence, etc.- No
instrument chargeable with duty 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 1[with a duty not
exceeding fifteen naye paise]1 only, or a mortgage of crop [Article 1[35]1 (a) of the
Schedule] chargeable under clauses (a) and (b) of section 3 with a duty of twenty-
five naye paise shall, subject to all just exceptions, be admitted in evidence on
payment of the duty with which the same is chargeable, or, in the case of an
instrument insufficiently stamped, or 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;
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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
evidence in any proceeding in a Criminal Court, other than a proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898;
(d) nothing herein contained shall prevent the admission of any instrument in
any Court when such instrument has been executed by or on behalf of the
Government, or where it bears the certificate of the 1[Deputy Commissioner]1 as
provided by section 32 or any other provision of this Act 2[and such certificate has
not been revised in exercise of the powers conferred by the provisions of Chapter
VI]2.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Inserted by Act 29 of 1962 w.e.f. 1.10.1962.
35. Admission of instrument where not to 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.
529
1957: KAR. ACT 34] Stamp

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.
37. Instruments impounded how dealt with.- (1) When the person
impounding an instrument under section 33 has by law or consent of parties
authority to receive evidence and admits such instrument in evidence upon payment
of a penalty as provided by section 34 or of duty as provided by section 36, he shall
send to the 1[Deputy Commissioner]1 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 1[Deputy Commissioner]1 or to
such person as he may appoint in this behalf.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(2) In every other case, the person so impounding an instrument shall send it in
original to the 1[Deputy Commissioner]1.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
38. 1[Deputy Commissioner]1's power to refund penalty paid under sub-
section (1) of section 37.- (1) When a copy of an instrument is sent to the
1[Deputy Commissioner]1 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(2) When such instrument has been impounded only because it has been
written in contravention of section 13 or section 14, the 1[Deputy Commissioner]1
may refund the whole penalty so paid.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
39. 1[Deputy Commissioner]1's power to stamp instruments impounded.-
(1) When the 1[Deputy Commissioner]1 impounds any instrument under section 33,
or receives any instrument sent to him under sub-section (2) of section 37, not
being an instrument chargeable 1[with a duty not exceeding fifteen naye paise]1
only or a mortgage of crop [Article 1[35]1 (a) of the Schedule] chargeable under
clause (a) or (b) of section 3 with a duty of twenty-five naye paise, he shall adopt
the following procedure:—
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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 thereof, 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 1[Deputy
Commissioner]1 may, if he thinks fit, remit the whole penalty prescribed by this
section.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
530
1957: KAR. ACT 34] Stamp

(2) 1[Subject to any orders made under Chapter VI, every certificate]1 under
clause (a) of sub-section (1) shall, for the purposes of this Act be conclusive
evidence of the matters stated therein.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(3) Where an instrument has been sent to the 1[Deputy Commissioner]1 under
sub-section (2) of section 37, the 1[Deputy Commissioner]1 shall, when he has
dealt with it as provided by this section, return it to the impounding officer.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
40. Instruments unduly stamped by accident.- If any instrument chargeable
with duty and not duly stamped, not being an instrument chargeable 1[with a duty
not exceeding fifteen naye paise]1 or a mortgage of crop [Article 1[35]1 (a) of the
Schedule] chargeable under clause (a) or (b) of section 3 with a duty of twenty-five
naye paise is produced by any person of his own motion before the 1[Deputy
Commissioner]1 within one year from the date of its execution or first execution and
such person brings to the notice of the 1[Deputy Commissioner]1 the fact that such
instrument is not duly stamped and offers to pay to the 1[Deputy Commissioner]1
the amount of the proper duty, or the amount required to make up the same, and
the 1[Deputy Commissioner]1 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
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 have been paid under section 34, section 39 or section 40, the
person admitting such instrument in evidence or the 1[Deputy Commissioner]1, 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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 into 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 a penalty under section 34, shall be so delivered before the expiration of one
month from the date of such impounding, or if the 1[Deputy Commissioner]1 has
certified that its further detention is necessary and has not cancelled such
certificate;
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(b) nothing in this section shall affect order XIII, rule 9 of the First Schedule to
the Code of Civil Procedure, 1908.
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
531
1957: KAR. ACT 34] Stamp

bar the prosecution of any person who appears to have committed an offence
against the law relating to stamps 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 1[Deputy Commissioner]1 that the offence was committed with an intention of
evading payment of the proper duty.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
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 or 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.
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 under
1[any of the provisions of this Act]1, such authority may, upon application in writing
made 1[within six months from the date of registration of the instrument or the order
charging the same]1, refund the excess.
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999
1[Provided that with the sanction of the State Government the Chief Controlling
Revenue Authority may make the refund after the period specified in sub-section (1)
or (2).]1
1. Inserted by Act 29 of 1962 w.e.f. 1.10.1962.
45. Non-liability for loss of instruments sent under section 37.- (1) If any
instrument sent to the 1[Deputy Commissioner]1 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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.
1
[45A. Instrument of conveyance, etc. undervalued how to be dealt with.-
2
[(1) If the registering officer appointed under the Registration Act, 1908 (Central Act
3
XVI of 1908) while registering [any instrument of,-
(a) Conveyance [section 2(1)(d) ]; (b) Gift [Article 28(a)];
532
1957: KAR. ACT 34] Stamp

(c) Exchange of property (Article 26); (d) Settlement (Article 48-A(i))


(e) Reconstitution of Partnership (Article 40-B (a) );
(f) Dissolution of partnership (Article 40-C (a) );
(g) An agreement to sell covered under sub-clause (i) of clause (e) of Article 5;
7 8 8 7
[(h) a lease covered under item [(vi)] of Article 30;]
7 7
(i) A power of Attorney covered [under clause (e), clause (ea) and clause (eb)]
of Article 41;
6 6
(j) Release [(Article 45-(a)] ;
(k)Conveyance under a decree or final order of any Civil Court
has reason to believe]3 having regard to the estimated market value published by
the Committee constituted under section 45B, if any or otherwise, that the market
value of the property which is the subject matter of such instrument has not been
truly set forth, he shall after arriving at the estimated market value, communicate the
same to the parties and unless the parties pay the duty on the basis of such
valuation, shall keep pending the process of registration and refer the matter along
with a copy of such instrument to the Deputy Commissioner for determination of the
1
market value of property and the proper duty payable thereon.]
5
[(l) Agreement [Article 5(f)]
(m) Award [Article 11(a)]
5
(n) Trust [Article 54 (A) (iii)]
9 9
[(o) Transferable Development Rights [ Article 20(7)].]

1. Inserted by Act 12 of 1975 w.e.f. 1.5.1975 in Bangalore City, Hubli-


Dharwad City, Municipalities of Mysore, Mangalore, Belgaum, Gulbarga,
Bellary, Davanagere, Bijapur, Shimoga and Bhadravathi and w.e.f.
1.4.1991 in other areas of the State by notification.
2. Substituted by Act 24 of 1999 w.e.f. 18.8.1999.
3. Substiuted by Act 8 of 2003 w.e.f. 1.4.2003.
4. Inserted by Act 7 of 2006 w.e.f. 1.4.2006.
5. Inserted by Act 7 of 2007 w.e.f. 1.4.2007.
6. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
7. Substituted by Act 9 of 2009 w.e.f..1.4.2009.
8. Substituted by Act 8 of 2010 w.e.f.1.4.2010.
9. Inserted by Act 8 of 2010 w.e.f.1.4.2010.
(2) On receipt of a reference under sub-section (1), the Deputy Commissioner
shall, after giving the parties a reasonable opportunity of being heard and after
holding an inquiry in such manner as the State Government may by rules prescribe,
determine by order 1[as for as may be within ninety days from the date of receipt of
such reference]1 the market value of the property which is the 2[subject matter of
instrument specified in sub-section (1) and the duty payable thereon.]2 The
difference, if any, in the amount of duty, shall be payable by the person liable to pay
3
the duty. [with interest at twelve percent per annum if he does not pay within ninety
3
days from the date of order of the Deputy Commissioner]
3
[Provided that the payment of interest is not applicable to instruments executed
st 3
prior to 31 day of March, 2006.]
1. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
2. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
3. Inserted by Act 7 of 2006 w.e.f. 1.4.2006.
(3) The Deputy Commissioner may, suo motu within two years from the date of
registration of 1[any instrument specified in sub-section (1)]1 not already referred to
him under sub-section (1), call for and examine the instrument for the purpose of
satisfying himself as to the correctness of the market value of the property which is
the 1[subject matter of any instrument specified in sub-section (1) and the duty
533
1957: KAR. ACT 34] Stamp

payable thereon]1 and if after such examination he has reason to believe that the
market value of such property has not been truly set forth in the instrument, he may
determine by order the market value of such property and the duty payable thereon
in accordance with the procedure provided for in sub-section (2). The difference, if
any, in the amount of duty, shall be payable by the person liable to pay the duty
2
[with interest at twelve percent per annum if he does not pay within ninety days
2
from the date of order of the Deputy Commissioner] :
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
2. Inserted by Act 7 of 2006 w.e.f. 1.4.2006.
Provided that nothing in this sub-section shall apply to any instrument registered
before the commencement of the Karnataka Stamp (Amendment) Act, 1975
2
[Provided further that the payment of interest is not applicable to instruments
st 2
executed prior to 31 day of March 2006.] .
2. Inserted by Act 7 of 2006 w.e.f. 1.4.2006.
(4) The order of the Deputy Commissioner under sub-section (2) or (3) shall be
communicated to the person liable to pay the duty. A copy of every such order shall
be sent to the registering officer concerned.
(5) Any person aggrieved by an order of the Deputy Commissioner under sub-
1
section (2) or sub-section (3) may, prefer an appeal before the [Regional
1
Commissioner] and all such appeals shall be preferred within such time and be
heard and disposed off in such manner as the State Government may by rules
1
prescribe.]
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
1
[Provided that no appeal shall be admitted unless the person aggrieved has
deposited, in the prescribed manner, fifty percent of the difference in the amount of
duty as determined by the Deputy Commissioner under sub-section (2) or (3):
1. Proviso 1,2 and 3 inserted by Act 24 of 1999 w.e.f. 18.8.1999.
Provided further that where after the determination of the market value by the
Appellate Authority or determined again by the Deputy Commissioner on a remand
of the case the stamp duty borne is found to be sufficient, the amount deposited
shall be returned to the person concerned:
1[Provided also that such person shall pay the difference in duty along with
interest at twelve percent per annum if he does not pay with in ninety days from the
date of order of the Deputy Commissioner or sixty days from the date of order of the
Appellate Authority, so however, the payment of interest is not applicable to
instruments executed prior to eighteenth day of August 1999]1]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
1[Explanation.- x x x ]1
1. Omitted by Act 6 of 1999 w.e.f. 1.4.1999.
1
[45B. Constitution of Central Valuation Committee.- (1) The State
Government shall by notification, constitute a Central Valuation Committee, under
the chairmanship of Inspector General of Registration and Commissioner of
Stamps, for estimation, publication and revision of market value guidelines of
properties in any area in the State at such intervals and in such manner as may be
prescribed, for the purpose of section 45-A.
(2) The Central Valuation Committee is the final authority for the formulation of
policy, methodology and administration of the market value guidelines in the State
and may for the said purpose constitute market valuation sub-committees in each
534
1957: KAR. ACT 34] Stamp

sub-district and district comprising of such members as may be prescribed, for


estimation and revision of the market value guidelines in the State.
(3)Sub-committees so constituted shall function under the Central Valuation
Committee and shall follows such procedures as may be prescribed and shall be
1
subject to reconstitution whenever found necessary.]
1. Subsections (1) to (3) substituted by Act 8 of 2003 w.e.f. 1.4.2003
46. Recovery of duties and penalties.- 1[(1)] 1 All duties, penalties and other
sums required to be paid under this Chapter may be recovered 2[along with simple
interest at such rate as may be specified by the State Government by notification]2
by the 3[Deputy Commissioner]3 by distress and sale of the moveable property of
the person from whom the same are due, or by any other process for the time being
in force for the recovery of arrears of land revenue.
1. Re-numbered by Act 11 of 1991 w.e.f. 1.4.1991.
2. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
3. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
1 2
[ [(2) All duties, penalties and other sums required to be paid under this
Chapter shall be a charge on the property which is t he subject matter of the
2
Instrument:]
1. Sub-sections (2) and (3) Substituted by Act 24 of 1999 w.e.f.
18.8.1999
2. Inserted by Act 11 of 1991 w.e.f. 1.4.1991
Provided that the provisions of sub-section (2) shall be deemed to apply to
all cases of which are pending recovery and to proceedings under sub-section (1)
which have already been initiated.
(3) Notwithstanding anything contained in the Registration Act, 1908 (Central
Act XVI of 1908), a note of such charge and its extinguishments shall be made in
the indices prescribed therein and shall be deemed to be a notice under the said
Act]1
1
[46A. Recovery of stamp duty not levied or short levied.- (1) Where any
instrument chargeable with duty has not been duly stamped, the Chief Controlling
Revenue Authority or any other officer authorised by the State Government
(hereinafter referred to as the authorised officer) may, within 2[five years]2 from the
date of commencement of the Karnataka Stamp (Amendment) Act, 1980 or the date
on which the duty became payable whichever is later, serve notice on the person by
whom the duty was payable requiring him to show cause why the proper duty or the
amount required to make up the same should not be collected from him:
Provided that where the non-payment was by reason of fraud, collusion or any
wilful mis-statement or suppression of facts or contravention of any of the provisions
of this Act or of the rules made thereunder with intent to evade payment of duty, the
2
provisions of this sub-section shall have effect, as if for the words [five years]2 the
2 2
words [ten years] were substituted:
Provided further that nothing in this sub-section shall apply to instruments
executed prior to first day of April, 1972.
1. Inserted by Act 15 of 1980 w.e.f. 1.4.1972.
2. Substituted by Act 16 of 1983 w.e.f. 1.4.1972.
Explanation.— Where the service of a notice, under this sub-section is stayed
by an order of a court, the period of such stay shall be excluded in computing the
aforesaid period of 1 [five years]1 or 1[ten years]1, as the case may be.
1. Substituted by Act 16 of 1983 w.e.f. 1.4.1972.
535
1957: KAR. ACT 34] Stamp

(2) The Chief Controlling Revenue Authority or the authorised officer shall, after
considering the representation, if any, made by the person on whom notice is
served under sub-section (1), determine the amount of duty due from such person
(not being in excess of the amount specified in the notice) and thereupon such
person shall pay the amount so determined.
(3) Any person aggrieved by an order under sub-section (2), may prefer an
appeal before the Karnataka Appellate Tribunal within three months from the date of
such order.
1[(4) All duties payable under this section shall be recovered in accordance with
provisions of section 46.]1]1
1. Substituted by Act 24 of 1999 w.e.f. 18.8.1999.
1[46B. Duties, penalties etc, to be certified.- All duties whether proper or
deficit, penalties, or any other sums paid or recovered under any of the provisions of
1
this Act shall be certified on the instruments in the manner prescribed]
1. Inserted by Act 24 of 1999 w.e.f. 18.8.1999.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
47. Allowance for spoiled stamps.- Subject to such rules as may be made
by the State Government as to evidence to be required, or the enquiry to be made,
the 1[Deputy Commissioner]1 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:—
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated
or by error in writing or any other means rendered unfit for the purpose intended
before any instrument written thereon is executed by any person;
(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 that it should
be executed, without having executed the same, or of the refusal of any such
person to execute the same, cannot be completed so as to effect the intended
transaction in the form proposed;
(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 to advance
any money intended to be thereby secured, or by the refusal or non-acceptance of
any office thereby granted, totally fails of the intended purpose;
(6) becomes useless in consequence of the transaction intended to be thereby
effected, being effected by some other instrument between the same parties and
bearing a stamp of not less value;
536
1957: KAR. ACT 34] Stamp

(7) is deficient in value and the transaction intended to be thereby effected has
been effected by some other instrument between the same parties and bearing a
stamp of not less value;
(8) is inadvertently and undesignedly spoiled, and in lieu whereof another
instrument made between the same parties and for the same purpose is executed
and duly stamped:
Provided that, in the case of an executed instrument, 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 1[Deputy Commissioner]1 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
48. Application for relief under section 47 when to be made.- The
application for relief under section 47 shall be made within the following periods,
that is to say,—
(1) in the cases mentioned in clause (c)(5), within 1[six months]1 of the date of
the instrument;
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
(2) in the case of a stamped paper on which no instrument has been executed
by any of the parties thereto, within 1[one year]1 after the stamp has been spoiled;
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
(3) in the case of a stamped paper in which an instrument has been executed
by any of the parties thereto, within 1[one year]1 after the date of the instrument or,
if it is not dated, within 1[one year]1 after execution thereof by the person by whom
it was first or alone executed;
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
Provided that,—
(a) when the spoiled instrument has been for sufficient reasons sent out of the
1[State of Karnataka]1 the application may be made within 2[one year]2 after it has
been received back in the 1[State of Karnataka]1;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
2. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
(b) when, from unavoidable circumstances, any instrument for which another
instrument has been substituted, cannot be given up to be cancelled within the
aforesaid period, the application may be made within 1[one year]1 after the date of
execution of the substituted instrument.
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
49. Allowance in case of printed forms no longer required by
Corporations.- The Chief Controlling Revenue Authority 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.
537
1957: KAR. ACT 34] Stamp

50. Allowance for misused stamps.- (a) 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
(b) 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 the provisions of section 13;
the 1[Deputy Commissioner]1 may, on application made within 2[one year]2 after
the date of the instrument, or, if it is not dated, within 2[one year]2 after the
execution thereof by the person by whom it was first or alone executed, and upon
the instrument, if chargeable with duty being re-stamped with the proper duty,
cancel and allow as spoiled the stamp so misused or rendered useless.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
2. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
1[51. Allowance for spoiled or misused stamps how to be made.- In any
case in which allowance is made for spoiled or misused stamps, the Deputy
Commissioner may, after deducting twenty paise for each rupee or a fraction
thereof, give in lieu thereof,-
(a) other stamps of the same description ; or
(b) if required and if he thinks fit, stamps of any, other description; or
(c) at his discretion the value in money equal to the discounted value.]1
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
52. Allowance for stamps not required for use.- 1[(1)]1 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
3[Deputy Commissioner]3 shall repay to such person the value of such stamp or
stamps in money, deducting 2[ten naye paise]2 for each rupee or portion of a rupee,
upon such person delivering up the same to be cancelled, and proving to the
3[Deputy Commissioner’s]3 satisfaction—
1. Renumbered by Act 6 of 1999 w.e.f. 1.4.1999.
2. Substituted by Act 8 of 1958 w.e.f. 29.3.1958.
3. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
(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 1[one year]1 next
preceding the date on which they were so delivered:
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
Provided that, where the person is a licensed vendor of stamps the 1[Deputy
Commissioner]1 may, if he thinks fit, make the repayment of the sum actually paid
by the vendor without any such deduction as aforesaid.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
1[(2) An appeal shall lie against the orders of the Deputy Commissioner within
sixty days from the date of the order passed under this chapter to the Chief
Controlling Revenue Authority.]1
1. Inserted by Act 6 of 1999 w.e.f. 1.4.1999.
538
1957: KAR. ACT 34] Stamp
1
[52A. Power of State Government to grant relief.- Notwithstanding anything in
the preceding sections of this Chapter, the State Government, after consultation
with the Chief Controlling Revenue Authority, if satisfied that it is just and equitable
to grant relief in any case or class of cases,—
3 3
(i) other than those to which any of the said sections is applicable; [XXX]
3 3
(ii) [XXX]
may by order direct the grant of such relief as may be specified in the order and the
Deputy Commissioner shall dispose of the case or class of cases conformably to
1
such order.]
2
[Provided that the provisions of this section shall not apply to cases where refunds
2
are claimed for loss of stamps.]

1. Inserted by Act 29 of 19629 w.e.f. 1.10.1962.


2. Inserted by Act 24 of 1999 w.e.f. 18.8.1999
3. Omitted by Act 17 of 2017 w.e.f. 01.04.2017.
1
[52-B. Invalidation of stamps.- Notwithstanding anything contained in Sections
47,48,49,50,51 and 52, any stamps, which have been purchased, but have not
been used or in respect of which no allowance has been claimed as under the
provisions of the Act and the period of six months from the date of purchase of such
stamps has not elapsed, may be used before a period of six months from the date
of purchase of stamps or delivered for claiming the allowance within the period
allowed for claiming the same under the relevant provisions of the Act; but not
beyond the period of six months from the date of commencement of the Karnataka
Stamp (Amendment) Act, 2017 whichever is later and any stamps not so used or
1
not so delivered within the period aforesaid shall be rendered invalid.]

1. Inserted by Act 17 of 2017 w.e.f. 1.04.2017.

CHAPTER VI
REFERENCE AND REVISION
53. Control of and statement of case to, Chief Controlling Revenue
Authority.- (1) The powers exercisable by a 1[Deputy Commissioner]1 under
1[any provision of this Act or any rule or order made thereunder]1 shall in all cases
be subject to the control of the Chief Controlling Revenue Authority.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962
(2) If any 1[Deputy Commissioner]1 acting under section 31, section 39 or
section 40, feels doubt as to the amount of duty with which any instrument is
chargeable, he may draw up a statement of the case and refer it with his own
opinion thereon, for the decision of the Chief Controlling Revenue Authority.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962
(3) Such authority shall consider the case and send a copy of its decision to the
1[Deputy Commissioner]1 who shall proceed to assess and charge the duty (if any)
in conformity with such decision.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962
539
1957: KAR. ACT 34] Stamp

1
[53A. Revision of order passed by Deputy Commissioner or Authorised
officers.- (1) The Chief Controlling Revenue Authority may except where the
matter is pending before an appellate authority under this Act, suo-motu, within a
period of five years from the date of the order passed under this Act by the Deputy
Commissioner or such other officer authorised by the State Government in this
behalf, call for and examine the records relating to such order or proceedings taken
under this Act by the Deputy Commissioner or the authorised officer, and if after
such examination it has reason to believe that the order so made or proceedings so
taken is erroneous or are not in accordance with the provisions of this Act or
prejudicial to the interest of the revenue, it may after giving the parties interested an
opportunity of being heard, pass an order in writing confirming, modifying or setting
aside such order and direct the Deputy Commissioner or the authorised officer, as
the case may be to collect the difference of duty, if any payable in accordance with
the provisions of section 46:
1. Inserted by Act 24 of 1999 w.e.f. 18.8.1999
Provided that in appropriate cases, the Chief Controlling Revenue Authority may
order stay of operation of the order under revision, pending hearing of the case.
(2) The Chief Controlling Revenue Authority may for the purpose of sub-section
(1), require the concerned person to produce before it, the instrument and examine
such instrument to determine whether any duty is chargeable or the duty is short
levied or improperly levied on account of any wilful mis-statement or suppression of
facts made or of contravention of any of the provisions of this Act or rules made
1
thereunder by such person with intent to evade payment of duty.]
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.
(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.
55. Power of High Court to call for further particulars as to case stated.- If
the High Court is not satisfied that the statements contained in the case are
sufficient to enable it to determine the questions raised thereby, the Court may refer
the case back to the Revenue authority by which it was stated, to make such
additions thereto or alterations therein as the Court may direct in that behalf.
56. Procedure in disposing of case stated.- (1) The High Court, upon the
hearing of any such case, shall decide the questions raised thereby, and shall
deliver its judgment thereon containing the grounds on which such decision is
founded.
(2) The Court shall send to the Revenue Authority by which the case was
stated, a copy of such judgment under the seal of the Court and the signature of the
Registrar; and the Revenue Authority shall, on receiving such copy, dispose of the
case conformably to such judgment.
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 proviso (a) to section 34, the Judge may draw up a
statement of the case and refer it, with his own opinion thereon, for the decision of
the High Court.
(2) Such Court shall deal with the case as if it had been referred under section
54, and send a copy of its judgment under the seal of the Court and the signature of
540
1957: KAR. ACT 34] Stamp

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 judgment.
(3) References 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.
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, 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 1[Deputy Commissioner]1, take such order into consideration
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(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 under sub-section (2), the Court
recording the same shall send a copy thereof to the 1[Deputy Commissioner]1 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.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(4) The 1[Deputy Commissioner]1 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 1[Deputy Commissioner]1 considers him to have
committed in respect of such instrument:
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
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 1[Deputy Commissioner]1
unless he thinks that the offence was committed with an intention of evading
payment of the proper duty;
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(b) except for the purpose of such prosecution, no declaration made under this
section shall affect the validity of any order admitting any instrument in evidence, or
of any certificate granted under section 41.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
59. Penalty for executing, etc., instrument not duly stamped.- (1) Any
person executing or signing otherwise than as a witness any instrument chargeable
with duty, without the same being duly stamped shall for every such offence 1[be
punishable with imprisonment for a term which shall not be less than one month but
541
1957: KAR. ACT 34] Stamp

which may extend to six months or with fine which may extend to five thousand
rupees or with both]1:
1. Substituted by Act 24 of 1999 w.e.f. 18.8.1999.
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 be
punishable with fine which may extend to five hundred rupees.
1[59A. Penalty for making false declaration in 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 where it results in loss of stamp duty to the State Government
shall, on conviction be punishable with imprisonment for a term which shall not be
less than one month but which may extend to six months and with fine which may
extend to five thousand rupees.
1. Sections 59A and 59B inserted by Act 24 of 1999 w.e.f. 18.8.1999.
59B. Penalty for failure to produce documents.- Any person who,-
(i) fails to produce any register, book, record, paper, application, document,
instrument or proceedings for inspection, or
(ii) prevents or obstructs the inspection, entry, search or seizure by an officer,
empowered under this Act,
shall on conviction, be punishable with imprisonment for a term which shall not be
less than one month but which may extend to six months or with fine which may
extend to five thousand rupees or with both.]1
1 1
60. [X X X]
1. Omitted by Act 1 of 2008 w.e.f. 1.4.2003

61. Penalty for omission to comply with provisions of section 28.- Any
person who, with intent to defraud the Government,—
(a) executes any instrument in which all the facts and circumstances 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
circumstances; or
1[(c) makes any false statement or does any other act calculated to deprive the
Government of any duty or penalty under this Act,]1
shall be punishable with fine which may extend to 1[five times the amount of
the deficient duty thereof]1.
1. Substituted by Act 24 of 1999 w.e.f. 18.8.1999.
62. Penalty for devices to defraud the revenue.- Any person who with intent
to defraud the Government of duty, practices or is concerned in any act, contrivance
or device not specially punishable under this Act or any other law for the time being
in force shall be punishable with fine which may extend to one thousand rupees.
542
1957: KAR. ACT 34] Stamp
1
[63. Penalty for franking, recording certificate or embossing contrary to
the Act or the rules.- Any person who is authorised to frank or record the
certificate of stamp or emboss the duty acts in contravention of the Act or the rules
made thereunder shall, on conviction, be punishable with imprisonment for a term
which shall not be less than one month but which may extend to six months or with
1
fine which may extend to five thousand rupees or with both.]
1. Substituted by Act 1 of 2008 w.e.f. 1.4.2003

1[63A. Penalty for contravention of other provisions.- Any person who


willfully acts in contravention of any of the provisions of this Act in respect of which
no other provision has been made in this Chapter, shall be punishable with
imprisonment which may extend to six months, or with fine which may extend to five
hundred rupees, or with both.]1
1. Inserted by Act 17 of 1966 w.e.f. 15.11.1966.
64. Institution and conduct of prosecutions.- (1) No prosecution in
respect of any offence punishable under this Act or any enactment hereby repealed,
shall be instituted without the sanction of the 1[Deputy Commissioner]1 or such
other officer as the Government generally, or the 1[Deputy Commissioner]1
specially, authorizes in that behalf.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
(2) The Chief Controlling Revenue Authority, or any officer generally or
specially authorized by it in 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.
65. Jurisdiction of Magistrates.- No Magistrate other than a Magistrate
whose powers are not less than those of a Magistrate of the second class, shall try
any offence under this Act.
1[66. Place of trial.- Every offence under this Act committed in respect of any
instrument may be tried in any district or metropolitan area in which such instrument
is executed or found or where such offence is triable under the Code of Criminal
Procedure, 1973.]1
1. Substituted by Act 24 of 1999 w.e.f 18.8.1999.

CHAPTER VIII
SUPPLEMENTAL PROVISIONS
1[67. Books, etc., to be open to inspection.- A Deputy Commissioner or an
Assistant Commissioner or any officer not below the rank of a Sub-registrar
authorised by the Deputy Commissioner or Chief Controlling Revenue Authority in
this behalf may for the purpose of this Act require every public officer or any person
to produce or permit at all reasonable time inspection of such registers, books,
records, papers, documents, information in electronic storage and retrieval device
or medium, applications, instrument 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 and take such notes and extracts as he may deem necessary
without fee or charge and may if necessary seize them and impound them under
section 33.]1
1. Substituted by Act 24 of 1999 w.e.f 18.8.1999.
543
1957: KAR. ACT 34] Stamp

1[67A. Procedure of Chief Controlling Revenue Authority and the Deputy


Commissioner and rectification of mistakes.- (1) No order relating to the proper
stamp duty payable under this Act shall be made by the Chief Controlling Revenue
Authority or the Deputy Commissioner to the prejudice of any person liable to pay
such duty, unless a reasonable opportunity to be heard is given to such person.
(2) The State Government, the Chief Controlling Revenue Authority or the
Deputy Commissioner may suo motu or on application of any party affected at any
time within three years from the date of any order passed by it or him review such
order and rectify any mistake, or error apparent from the record:
Provided that no such rectification shall be made to the prejudice of any person
unless a reasonable opportunity to be heard is given to such person.]1
1. Inserted by Act 29 of 1962 w.e.f. 1.10.1962.
1[67B. Power to enter premises and inspect certain documents.- (1) Where
the Deputy Commissioner or an Assistant Commissioner or any officer not below
the rank of Sub-registrar authorised by the Deputy Commissioner or Chief
Controlling Revenue Authority has reason to believe that any of the instruments
specified in the schedule has not been charged at all or incorrectly charged with
duty leviable under this Act or the Indian Stamp Act, 1899 in so far it is applicable to
the State of Karnataka, he shall have power to enter and search any premises
where he has reason to believe that any register, book, record paper, application,
information in electronic storage and retrieval device or medium, instrument or
proceedings are kept and to inspect them and to take such notes and extracts as he
may deem necessary. Every person having in his custody or is maintaining such
register, book, record, paper, application, instrument or proceedings shall at all
reasonable times produce, or permit the Deputy Commissioner, Assistant
Commissioner or such officer to inspect them and to take notes and extracts as he
may deem necessary and if necessary seize and impound them under section 33:
1. Inserted by Act 17 of 1966 w.e.f. 15.11.1966 & substituted by Act 24 of
1999 w.e.f. 18.8.1999.
Provided that no residential accommodation (not being a place of business-cum-
residence) shall be so entered into and searched except on the authority of a
search warrant issued by a Magistrate having jurisdiction over the area; and all
searches under this section shall, so far as may be made in accordance with the
provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
(2) If upon such inspection, the Deputy Commissioner, Assistant Commissioner
or the officer so authorised is of opinion that any instrument chargeable with duty
and is not duly stamped he shall require the person liable to pay the proper duty or
the amount required to make up the same and also penalty, not exceeding five
times the amount of the deficient duty thereof if any leviable, and in case of default
the amount of duty and penalty shall be recovered in accordance with provisions of
section 46:
Provided that before taking any action under this sub-section, a reasonable
opportunity of being heard shall be given to the person likely to affected thereby.]1
68. Powers to make rules.- (1) The State Government may by notification in
the official Gazette, make rules to carry out generally the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power
such rules may be made for regulating,—
(a) the supply and sale of stamps and stamped papers,
(b) the persons by whom alone such sale is to be conducted,
544
1957: KAR. ACT 34] Stamp

(c) the duties and remuneration of such persons, 1[x x x]1


1. Omitted by Act 12 of 1975 w.e.f. 1.5.1975.
(d) the fines which shall in no case exceed five hundred rupees, to be incurred
on breach of any rule:
1[(e) the manner of holding inquiry under section 2[45A(2) and (3)]2; and
1. Inserted by Act 12 of 1975 w.e.f. 1.5.1975.
2. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
(f) the time within which an appeal shall be preferred and the manner in which
such appeal shall be heard and disposed of by the 1[Deputy Inspector General of
Registration of the Department of Registration and Stamps.]1]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
1[(g) regulating the Constitution of Central Valuation Committee and other sub-
committees in the sub-districts and districts and procedure for the estimation,
publication and revision of market value guidelines of properties under section 45-
B]1
1. Inserted by Act 8 of 2003 w.e.f. 1.4.2003
Provided that such rules shall not restrict the sale of 1[fifteen naye paise, ten
naye paise or five naye paise]1 adhesive stamps.
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
1[(3) Every rule made under this section shall be laid as soon as may be after it
is made before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two successive
sessions, and if before the expiry of the session in which it is so laid or the session
immediately following both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.]1
1. Substituted by Act 29 of 1962 w.e.f. 1.10.1962.
69. Saving as to Court Fees.- Nothing contained in this Act shall be deemed
to affect the duties chargeable under any enactment for the time being in force
relating to Court-fees.
70. Act to be translated and sold cheaply.- The State Government shall make
provision for the sale of a translation of this Act in Kannada and other regional
languages 1[at such price as the State Government may from time to time fix, per
copy]1.
1. Substituted by Act 12 of 1975 w.e.f. 1.5.1975.
71. Repeal and savings.- The Mysore Stamp Act, 1900 (Mysore Act II of
1900), as in force in the Mysore Area and the Hyderabad Stamp Act, 1331 F
(Hyderabad Act IV of 1331 Fasli), as in force in the 1[Gulbarga Area]1 are hereby
repealed:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
Provided that such repeal shall not affect,—
(a) the previous operation of the said enactments or anything duly done or
suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued, or incurred under
the said enactments;
545
1957: KAR. ACT 34] Stamp

(c) any penalty, forfeiture or punishment incurred in respect of any offence


committed against the said enactments; or
(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, forfeiture or punishment as aforesaid and any such
investigation, legal proceeding or remedy may be instituted, continued or enforced,
and any such penalty, forfeiture or punishment may be imposed as if this Act had
not been passed.
72. Application of Indian Stamp Act, 1899.- (1) The Indian Stamp Act, 1899
(Central Act II of 1899), as in force in the 1[Mangalore and Kollegal Area,]1 shall,
notwithstanding anything contained in any law, extend to the whole of the 1[State of
Karnataka]1, and shall remain in force in so far such Act relates to the matter
specified in entry 44 of List III of the Seventh Schedule to the Constitution in respect
of documents specified in entry 91 of List I of the said Schedule.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
(2) Save as provided in sub-section (1), the Indian Stamp Act 1899 (Central Act
II of 1899), as in force in the 1[Belgaum Area]1, Coorg District and the 1[Mangalore
and Kollegal Area,]1 in so far as it relates to the matter specified in entry 44 of List
III of the Seventh Schedule to the Constitution, in respect of documents falling
under entry 63 of List II of the said Schedule, is hereby repealed:
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f.
1.11.1973.
Provided that such repeal shall not affect,—
(a) the previous operation of the said enactments or anything duly done or
suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under
the said enactments;
(c) any penalty, forfeiture or punishment incurred in respect of any offence
committed against the said enactments; or
(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, forfeiture or punishment as aforesaid and any such
investigation, legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as if this Act had
not been passed.

1
[SCHEDULE
Stamp Duty on Instruments
1. Whole schedule has been Substituted by Act 21 of 1979 w.e.f.
31.3.1979.
Article Description of Instrument Proper stamp-duty
No.
1 2 3
1
[1. Acknowledgment of,—
(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
creditors’ possession and the amount or value of such
546
1957: KAR. ACT 34] Stamp

debt,—
2 2
(a) exceeds rupees 100 but does [Two rupee.]
not exceed rupees 2[5,000.]2
2
[(b) When exceeds Rs. 5,000/-. Two rupees plus
rupees two for every
thousand or part
2 3
thereof] [Subject to a
maximum of rupees
3
one thousand]
(ii) a letter, article, document, parcel, package, or One rupee for every
consignment, of any nature or discription, whatsoever or rupees one hundred or
by whatever name called, given by a person, courier part thereof of the
company, firm, or body of persons whether incorporated amount charged
1
or unincorporated to the sender of such letter, articles, therefor]
document, parcel, package or consignment.
1. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 7 of 2000 w.e.f. 1.4.2000.
3. Inserted by Act 6 of 2001 w.e.f. 1.4.2001
2. Administration Bond,- including a bond given under
section 6 of the Government Savings Banks Act, 1873
(Central Act V of 1873) or section 289, 291, 375 or 376
of the Indian Succession Act, 1925 (Central Act XXXIX
of 1925)—
The same duty as a
(a) where the amount does not exceed Rs. 1,000.
Bond (No. 12) for such
amount.
(b) in any other case 1
[One hundred
1. Substituted by Act 10 of 1990 w.e.f. 1.4.1990. 1
rupees]
1
3.Adoption deed,- that is to say, any instrument (other [Five hundred
1
than a will), recording an adoption, or conferring or rupees]
purporting to confer an authority to adopt.
1. Substituted by Act 8 of 20030 w.e.f. 1.4.2003.
Advocate,- See Certificate of enrolment as an
Advocate (No. 17).
4. Affidavit,- including an affirmation or declaration 1[Twenty rupees]1
in the case of persons by law allowed to affirm or
declare instead of swearing.
1. Substituted by Act 7 of 2000 w.e.f. 1.4.2000.
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
547
1957: KAR. ACT 34] Stamp

(c) for the sole purpose of enabling


any person to receive any pension or
charitable allowance.
5. Agreement or 1[its records or]1
Memorandum of an Agreement,—
2[(a) if relating to the sale of a One rupee for every rupees ten
bill of exchange. thousand or part thereof.
(b) if relating to the purchase One rupee for every rupees ten
or sale of a Government security. 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, scripts, stocks, bonds,
debentures, debenture stocks or any
other marketable security of a like nature
in or of any in-corporated company or
other body corporate,-
(i) when such agreement or One rupee for every rupees ten
memorandum or an agreement is with thousand or part thereof of the
or through a member or between mem- value of the security at the
bers of Stock Exchange recognised time of its purchase or sale as
under the Security Contracts (Regula- the case may be
tion) Act, 1956 (XLII of 1956)
(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
3[(d) if relating to a transaction of The same duty as a conveyance (20)
lease-cum-sale in connection with the for a market value equal to the secu-
allotment of a building site, with or with- rity deposit and the amount of average
out building thereon, effected by the annual rent reserved under such
Bangalore Development and the amount agreement]3
Authority constituted under the Bangalore
Development Authority Act, 1976 (Karna-
taka Act 12 of 1976), the City
Improvement Trust Board, Mysore
constituted under the City of Mysore
Improvement Act, 1903 (Mysore Act III of
1903), the Karnataka Housing Board
constituted under the Karnataka Housing
Board Act, 1962, (Karnataka Act 10 of
1963), the Improve-ment Boards
constituted under the Karnataka
Improvement Boards Act, 1976
(Karnataka Act 11 of 1976) 4[,House
Building Co-operative Societies registered
under the Karnataka Co-operative
Societies Act, 1959 (Karnataka Act 11 of
548
1957: KAR. ACT 34] Stamp

1959)]4 5[,or the allotment of industrial


sheds and plots by the Karnataka
Industrial Areas Development Board
established under the Karnataka Industrial
Area 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)]5 6[,Municipal Corporation
constituted under the Karnataka Municipal
Corporations 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)]6 and such other authorities
as may be specified by the Government.
6[(da) Where any instrument of lease- The duty payable shall be as a conve-
cum-sale effected by the Bangalore Dev- yance [No. 20(3)] for the market value
eploment Authority constituted under the equal to the security deposit and the
Bangalore Development Authority Act, amount of average annual rent rese-
1976 (Karnataka Act 12 of 1976), the rved under such agreement.]6
Karnataka Housing Board constituted
under the Karnataka Housing Board
Act, 1962 (Karnataka Act 10 of 1963)
pertaining to premises of a Flat or
Apartments.
2
[e) If relating to sale. of immovable
property wherein part performance of the
contract,-
(i) possession of the property is Same duty as a conveyance (No. 20)
delivered or is agreed to be delivered on the market value of the property.
549
1957: KAR. ACT 34] Stamp
20 20 16 11
[before] executing the conveyance;
[ [provided that the duty paid on
power of attorney under Articles 41(e)
or 41(eb), as the case may be, is
adjustable towards the duty payable on
agreement for sale under Article 5(e)
or instrument of sale or transfer, as the
case may be, executed between the
same parties and in respect of the
11 16
same property] ]
7
[(ii) possession of the property is not Ten paise for every one hundred
delivered rupees or part thereof on the
market value equal to the amount of
Explanation-I,- When a reference, of a Power
consideration subject to a maximum
of Attorney granted separately by the seller to
of rupees twenty thousand but not
the purchaser in respect of the property which
less than rupees five hundred
is the subject matter of such agreement, is
made in the agreement, then the possession Provided that if the proper
of the property is deemed to have been stamp duty is paid on power of
delivered for the purpose of this clause. attorney under Article 41(e) or 41
(eb) as the case may, be executed
Explanation-II,- For the purpose of clause (e)
between the same parties in
and clause (h) where subsequently
respect of the same property, then
conveyance or mortgage as the case may be,
the stamp duty chargeable on such
is executed between the same parties in
agreement under Article 5(e) shall
pursuance of such agreement or its records or 7
not exceed rupees two hundred.]
memorandum, the stamp duty, if any, already
paid and recovered on the agreement or its
record or memorandum shall be adjusted
towards the total duty leviable on the
conveyance or mortgage, as the case may be

(b) Where such agreement or Fifty rupees


memorandum of an agreement does not
relate to monetary transactions or
transactions not susceptible to valuation in
terms of money

12 12
[(f) XXX]

17 14
[ [ (f) If relating to construction or Two Rupees for every one hundred
development of immovable property, rupees or part thereof, on the Market
including a multi unit or multi storied Value of such undivided share or
house or building or apartment or flat, or portion of land or immovable
portion of it, executed by and between property, consideration and money
owner or lessee, as the case may be, advanced, if any; or
and developer, having a stipulation, On the Market Value of such share or
whether express or implied, that, in portion of the constructed or
consideration of the owner or lessee developed building or immovable
conveying or transferring or disposing property, consideration and money
off, in any way, the undivided share or advanced, if any; Whichever is
550
1957: KAR. ACT 34] Stamp

portion of land or immovable property; higher:


the developer agrees to convey or
transfer or dispose off, in any way, the Provided that, if the proper stamp
proportionate or agreed share or portion duty is paid under clause (ea) of the
of the constructed or developed building Article 41 on power of Attorney,
or immovable property to the owner or executed by and between the same
lessee, as the case may be. parties and in respect of the same
Explanation: property, then the stamp duty
The term "Developer" includes promoter payable on the corresponding
or builder or by whatever name called. agreement under clause (f) of article
5, shall not exceed rupees two
hundred."

Explanation: The term "money


advanced" in this Article, means and
includes the security deposit whether
15 17
refundable or adjustable. ] ]

18
[(g) if relating to sale of moveable property,-
20
(i) possession of the [Three per cent]20 of the consideration or
market value of the property, whichever is
property is delivered or is
agreed to be delivered higher :
without executing the
Provided that, where a deed of
conveyance cancellation of earlier agreement is
executed by and between the same
parties in respect of the same property
and if proper stamp duty has been paid on
such agreement, the duty on such "deed
of cancellation" shall not exceed rupees
five hundred.
(ii) possession of the Ten paise for every one hundered rupees
property is not delivered or part thereof on the market value equal
to the amount of consideration subject to a
maximum of rupees twenty thousand but
not less than rupees five hundred".]18

(h) If relating to the mortgage Same duty as under article 34 (a) or


(b) as the case may be.

11
[(i) if relating to contract between Depository Participant (as Rupees fifty
defined in “The Depository Act, 1996”) and client, for opening
de-mat account
11
(ia) if relating to contract between stock broker or sub Rupees fifty]
broker(agent) and client(principal), for Stock Market
operations

14
[(ib) If relating to advertisement or telecasting or One Rupee for every one
broadcasting of programs for promotion and development of thousand rupees or part
business there of on the amount or
551
1957: KAR. ACT 34] Stamp

consideration in the
agreement, but not less
than Rupees two hundred.

One Rupee for every one


(ic) If relating to assignment or transfer of intellectual property thousand rupees or part
rights (i.e., patent rights, copy rights or trade marks rights.) there of on the amount or
consideration in the
agreement, but not less
than Rupees two hundred.
(id) If relating to building Works or labour or services (works
contracts)

(i) Where the amount or consideration in the agreement Rupees one hundred
does not exceed Rupees ten lakhs

(ii) where the amount or consideration in the agreement Rupees One hundred and in
exceeds Rupees ten lakhs addition Rupees One
hundred for every Rupees
ten lakhs or part thereof in
excess of Rupees ten lakhs,
subject to a maximum of
14
Rupees five lakhs.]

20 19
[ [(i-e) Chit Agreement, executed in the State
of Karnataka under Section 6 of the
Chit Funds Act, 1982.-
(i) where the value of the chit Rupees one hundred
does not exceed rupees one
lakh
(ii) where the value of the chit Rupees one hundred plus rupees fifty
exceeds rupees one lakh for every rupees one lakh or part
thereof, exceeding rupees one
lakh.]19]20

13 13 9 9
[(j)] If not otherwise provided for [two hundred rupees]
10 10
Explanation: [(I) x x x]
8
(II) For the purpose of [sub-clause (i)
8
and (ii)] of clause (e) and clause (h),
where subsequently conveyance or
mortgage as the case may be, is executed
in pursuance of such agreement or its
records or memorandum the stamp duty,
if any, already paid and recovered on the
agreement or its record or memorandum
shall be adjusted towards the total duty
leviable on the conveyance or mortgage,
as the case may be.]2
EXEMPTIONS
Agreement or memorandum of
Agreement,-
(a) for or relating to the purchase or
sale of goods, or merchandise exclusively,
552
1957: KAR. ACT 34] Stamp

not being a note or memorandum


chargeable under Article 37.
(b) made in the form of tenders to the
Central Government, for or relating to any
loan.
1. Inserted by Act 8 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.
3. Inserted by Act 16 of 1981 w.e.f. 10.9.1980.
4. Inserted by Act 10 of 1988 w.e.f. 25.4.1988.
5. Inserted by Act 22 of 1997 w.e.f. 29.9.1997.
6. Inserted by Act 6 of 1999 w.e.f. 1.4.1999.
7. Substituted by Act 16 of 2011 w.e.f.1.4.2011.
8. Substituted by Act 7 of 2007 w.e.f. 1.4.2007
9. Substituted by Act 9 of 2009 w.e.f.1.4.2009
10. Omitted by Act 5 of 1998 w.e.f. 1.4.1998.
11. Inserted by Act 8 of 2010 w.e.f.1.4.2010.
12. Omitted by Act 16 of 2011 w.e.f.1.4.2011.
13. renumbered by Act 8 of 2010 w.e.f.1.4.2010.
14. Inserted by Act 15 of 2012 w.e.f. 1.4.2012.
15. Inserted by Act 29 of 2013 w.e.f. 1.4.2013.
16. Substituted by Act 19 of 2014 w.e.f 1.03.2014
17. Substituted by Act 19 of 2014 w.e.f 1.03.2014
18. Substituted by Act 16 of 2015 w.e.f. 01.04.2015
19. Inserted by Act 16 of 2015 w.e.f. 01.04.2015
20. Substituted by Act 07 of 2016 w.e.f. 01.04.2016

1[6. Agreement relating to deposit


of title deeds, 2[pawn or pledge]2,- that
is to say, any instrument evidencing an
agreement relating to,—
11
[(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;

If such loan or debt is


repayable on demand from
the date of instrument
evidencing the agreement,-
0.1 percent on the loan or
(i) where the loan or debt debt amount subject to a
amount does not exceed minimum of rupees five
rupees ten lakhs hundred
(ii) where the loan or debt 0.2 percent on the loan or
amount exceeds rupees ten debt amount subject to a
lakhs maximum of rupees ten
lakhs." ]11

5
[Explanation.- For the purpose of clause (1), notwithstanding anything
9 9
contained [in any law for the time being in force or] order of any authority, any
letter, note memorandum or writing relating to the deposit of title deeds whether
written or made either before or at the time when or after the deposit of title deeds
is effected, and whether it is in respect of the security for the first loan or any
553
1957: KAR. ACT 34] Stamp

additional loan or loans taken subsequently, such letter, note, memorandum or


writing shall, in the absence of any separate agreement or memorandum of
agreement relating to deposit of such title deeds, be deemed to be an instrument
5
evidencing an agreement relating to the deposit of title deeds.]

10 11
[ [(2) the pawn or pledge of moveable property, where such pawn
or pledge 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.

If such loan or debt is repayable on demand


or otherwise,-
(i) where the loan amount exceeds rupees 0.1 percent on the loan or debt
one lakh but does not exceed rupees ten amount
lakhs
(ii) where the loan amount exceeds rupees 0.2 percent on the loan or debt
ten lakhs amount subject to a maximum of
rupees ten lakhs." ]11
Exemption: Instruments of pawn or pledge of Provided that where a fresh
goods or jewels wherein such loan or debt is upto instrument of pawn or pledge of
Rupees one lakh”.
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 (j) of Article 5 of this
Schedule.]10

1. Substituted by Act 9 of 1997 w.e.f. 1.4.1997.


2. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
3. Substituted by Act 8 of 2008 w.e.f. 1.8.2008.
4. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
5. Inserted by Act 7 of 2006 w.e.f. 1.4.2006.
6. Omitted by Act 6 of 1999 w.e.f. 1.4.1999.
7. Inserted by Act 5 of 1998 w.e.f. 1.4.1998.
8. Inserted by Act 6 of 1999 w.e.f. 1.4.1999.
9. Substituted by Act 8 of 2010 w.e.f.1.4.2010.
10. Substituted by Act 15 of 2012 w.e.f.1.4.2012.
11. Substituted by Act 16 of 2015 w.e.f. 01.04.2015
7. Appointment in execution of a
power,- whether of trustees or of proper-
ty, movable or immovable, where made by
any writing not being a will.
1[One thousand rupees]1
1. Substituted by Act 7 of 2000 w.e.f. 1.4.2000.
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 The same duty as a Bond (No. 12) for
554
1957: KAR. ACT 34] Stamp

exceed Rs. 1,000 such amount


(b) in any other case 1[One hundred rupees]1
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 the
purpose of ascertaining the amount to be
given to a landlord as rent.
1.Substituted by Act 8 of 2003 w.e.f. 1.4.2003
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 pro
fession, trade or employment 1[2[rupees one hundred]2]1
Exemption.- Instruments of
apprenticeship, by which a person is
apprenticed by, or at the charge, of any
public charity
1.Substituted by Act 8 of 2003 w.e.f. 1.4.2003
1. Substituted by Act 16 of 2015 w.e.f. 01.04.2015

1[10. Articles of Association of a 2[3[rupees one thousand for


Company,- where the company every rupees ten lakhs or part
has no share capital or nominal thereof subject to a maximum
share capital or increased share of rupees fifty lakhs]3
capital.
Exemption:— Articles of any
association not formed for profit and
registered under section25 of the
Companies Act, 1956.

See also Memorandum of Association


of a Company (No. 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)]1
1. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 6 of 2001 w.e.f. 1.4.2001
3. Substituted by Act 16 of 2015 w.e.f. 01.04.2015

2 1
[ [11. Award,- that is to say, any
555
1957: KAR. ACT 34] Stamp

decision in writing by an arbitrator or


umpire, not being an award directing
partition, on a reference made
otherwise than by an order of the Co
in the course of a suit.
(a) If the property, which is the The same duty as the conveyance [un
subject matter of award, is Article 20(1)] on the market value of the
immovable property. property, or consideration, whichever is
higher.
(b) If the property, which is the
subject matter of award, is
movable property,
(i) Where the amount
or market value of
the property, as set ¾ % of the amount or market
forth in the award, value.
does not exceed
Rupees fifty lakhs.
(ii) Where the amount
or market value of
the property Rupees thirty seven thousand five
exceeds rupees hundred plus ½ % of the amount or ma
fifty lakhs but does value exceeding Rupees fifty lakhs.
not exceed rupees
five Crores.
(iii) Where the amount
or market value of Rupees thirty seven thousand five
the property hundred plus two lakhs twenty five
exceeds rupees thousand plus ¼ % of the amount or
five Crores. market value exceeding Rupees five
crores]1]2
1.Substituted by Act 9 of 2009 w.e.f. 1.4.2009.
2.Substituted by Act 19 of 2014 w.e.f. 1.3.2014.
1[12.Bond,- defined by section 2(1)(a),
not being otherwise provided for by
this Act,
or by the Karnataka Court fees and
Suits
556
1957: KAR. ACT 34] Stamp

Valuation Act, 1958;


2 2
(a) Where the amount or value [fifty paise] for every one hundred
secured does not exceed Rs. 1000 rupees or part thereof.
(b) Where it exceeds Rs. 1000 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
2 2
rupees: [two rupees and fifty paise]
See Administration Bond (No. 2)
Bottomary 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 dispensary
or hospital or any other object of public
utility shall not be less than a specified
sum per
mensem.]1
1.Substituted by Act 10 of 1990 w.e.f. 1.4.1990.
2. Substituted by Act 15 of 2012 w.e.f. 1.4.2012.
13. Bottomry Bond,- that is to say, any
instrument where by the master of a sea-
going ship borrows money on the
security
of the ship to enable him to preserve the The same duty as Bond
ship or prosecute her voyage. (No. 12) for such amount.

1 3
[14 Cancellation of instruments.- [same duty as on the original
(a) Cancellation of any instrument instrument if such cancellation
previously executed on which stamp duty has the effect of reconveyance
has been paid as per any article of the of property already conveyed
2
[Schedule and not otherwise specifically by the original instrument:
2
provided for by the Schedule.]
Provided that, if the
original instrument is a
conveyance on sale, then the
stamp duty payable on such
cancellation instrument is, as
per article 20(1), on the market
value of the property as on the
date of execution of such
557
1957: KAR. ACT 34] Stamp
3
cancellation.]

(b) Cancellation of any instrument executed


by or on behalf of the Central Government
or a Local Authority or other Authority
constituted by or under any law for the time one hundred rupees
being in force or a body corporate wholly
owned or controlled by the Central
Government or the State Government.

(c) in any other case one hundred rupees”


3
[See also agreement or its records or
Memorandum of an Agreement No.(5)(e)
3
(i)] Release (No.45) Revocation of
Settlement (No.48-B), Surrender of Lease
4 4
(No.51) [XXX]
Explanation.- If the original instrument has
been subjected to determination of the
market value under section 45-A of the Act,
stamp duty on the cancellation of such
instrument shall be the same as determined
1
under section 45-A of the Act. ]
1. Substituted by Act 7 of 2006 w.e.f. 1.4.2006.
2. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
3. Substituted by Act 8 of 2010 w.e.f.1.4.2010.
4. Omitted by Act 16 of 2011 w.e.f.1.4.2011.
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[16. Certificate or other document,- One rupee for every one thousand
evidencing the right or title of the hol- rupees or a part thereof of the value
der thereof, or any other person either value of the shares, scrip or stock.
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. See also letter of
Allotment of Shares (No. 31)
558
1957: KAR. ACT 34] Stamp

Explanation:
For the purpose of this Article, the
value of the share, scrip, or stock includes
the amount of premium, if any]1
1.Substituted by Act 8 of 1995 w.e.f. 1.4.1995
17.Certificate of enrolment,- in the roll of
Advocates prepared and maintained by
the State Bar Council under the Advo- 1[Five hundred rupees]1
cates Act, 1961 (Central Act 25 of 1961)
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
18. Charter-party that is to say any
instrument (except an agreement for the
hire of a tug-steamer) whereby a vessel or
some specified principal part thereof is let
for the specified purposes of the charter,
whether it includes a penalty
clause or not. 1[2[rupees one hundred]2]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
1. Substituted by Act 16 of 2015 w.e.f. 01.04.2015
1[18A. Clearance list,- (1) relating to the The sum of duties chargeable under
transactions for the purchase or sale of article 5(b) or Article as the case may
Government securities submitted to the be in respect of each of the entries in
clearing house of a stock exchange 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 The sum of duties chargeable under
purchase or sale of a share, scrip, stock, Article 5(c)(i) or 37(b), as the case
bond, debenture, debenture stock or may be in respect of each of the ent-
other marketable security of a like nature ries in such list on the value of the
in or of any incorporate company or other securites calculted at the making up
body corporate submitted to the clearing price or the contract price, as the case
house of a stock exchange recognised may be.
under the Securities Contracts (Regulat-
ion) Act, 1956.
(3) relating to the transactions for the The sum of duties chargeable under
purchase or sale of a share, scrpit, stock Article 5(c) (i) or 37(b), as the case
, bond, debenture, debenture stock or may be, in respect of each of the en-
other marketable security, of a like natu- tries in such list on the value of the
re in or of any incorporated company or securities calculated at the making up
body corporate, submitted to the cleran- price or the contract price, as the case
ance house of a stock Exchange, not re- may be.]1
recognised under the Securities Contract
(Regulation) Act, 1956.
1. Inserted by Act 8 of 1995 w.e.f. 1.4.1995
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
559
1957: KAR. ACT 34] Stamp

whereby provision is made for the


continuance of the debtors’ business,
under the supervision of inspectors or
under letters of licence, for the benefit of
his creditors. 1[2[two hundred rupees]2]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
2. Substituted by Act 16 of 2015 w.e.f. 01.04.2015

1
[20 (1) For Conveyance.- as defined by clause
(d) of section 2, not being a transfer charged
17
or exempted under No.52, on the market value [five percent of the
1 17
of the property which is the subject matter of value] ]
conveyance

3 3
[X X X ]
4 12 12
[(2) Where it relates to [instrument] of the same duty as a conveyance
13
conveyance executed by a promoter, under Article 20(1) [on the
a land owner, or a developer by market value equal to the market
whatever name called, pertaining to value of the fully constructed flat or
premises of ‘Flat’ as defined in clause apartment or unit, irrespective of
(a) of section 2 of the Karnataka the stage of construction, deeming
13
Ownership Flats (Regulation of the it as fully constructed]
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.

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:
14 14
(c) [xxx]
560
1957: KAR. ACT 34] Stamp
6
[(3) Where any instrument of conveyance The duty shall be payable at the
rates
is effected by the Bangalore Developme- specified under clause (2) of Article 20
nt Authority constituted under Bangalore on the amount or value of considerat-
Development Authority Act, 1976 (Karna- ion as set forth in the instrument:
taka Act 12 of 1976), the Karnataka Hou- Provided that in any case where a
sing Board constituted under the Karna- lease-cum-sale Agreement is execu-
taka Housing Board Act, 1962 (Karnata- ted and is stamped with the advalorem
ka Act 10 of 1963 pertaining to premises duty required for such agreement un-
of Flat or Apartment. der item (da) of Article 5 and in futhe-
rance of such agreement a conve-
yance 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.

7
[(4) If relating to an order made by the
21 19 15 12 8 12 15 19
High Court [“or appropriate Tribunals [ [ [ [Three per cent] ] ] on the
5
or appropriate Authorities under the market value of the property] of the
21
Companies Act, 2013”] , in respect transferor company, located within the
of; State of Karnataka and transferred to the
(i) Amalgamation of Companies, transferee company; or
15 15
including a subsidiary amalgamating An amount equal to [one percent] of
with parent company the aggregate value of shares issued or
allotted in exchange, or otherwise and in
case of a subsidiary company, shares
merged (or cancelled) with parent
company and in addition, the amount of
consideration if any, paid for such
amalgamation;
-which ever is higher.
19 15 12 7 12 15 19
(ii) Reconstruction or Demerger of a [ [ [ [Three per cent] ] ] on the
8
company market value of the property] of the
transferor company, located within the
State of Karnataka, and transferred to the
resulting company; or
15 15
An amount equal to [one percent] of
the aggregate value of shares issued or
allotted to the resulting company and in
addition, the amount of consideration if
any, paid for such demerger or
reconstruction;
7
-whichever is higher.]
16
[Explanation:- The term, “aggregate
value of shares” for the purpose of Article
20(4) means, the face value of shares or
16
its market value, whichever is higher.]

9
[Exemption:- Amalgamation of sick companies with others, under the
9
orders of Board of Industrial Finance and Reconstruction (BIFR)]
561
1957: KAR. ACT 34] Stamp

10 18
[ [(5) Conveyance relating to industrial machinery,-
19
(i) when industrial machinery is [Three per cent]19 of consideration
treated as movable property or market value of the property,
whichever is higher,
(ii) when industrial machinery is Five percent of consideration or
treated as immovable property market value of the property,
whichever is higher".]18

(6) If relating to assignment of receivab- One rupee for every one thousand
les by the originator to the special purpose rupees or part thereof subject to a
6
vehicle (SPV), or by whatever name they maximum of rupees one lakh.]
are called in the process of securitisation
11
[under securitisation and reconstruction
of Financial Assets and Enforcement of
11
Security Interest Act, 2002]
13 19
[(7) conveyance relating to Transferable [Three per cent]19 on the market value of the
Development Rights Transferable Development Rights equal to the
market value of the corresponding portion of the
property leading to such Transferable
Development Rights, which is the subject matter
of conveyance; or consideration for such
13
conveyance; whichever is higher.]
20
[Provided that, if the proper duty is paid under clause(ec) of Article 41
on Power of Attorney, executed by and between the same parties and in
respect of the same property, then the duty payable on the corresponding
conveyance under Article 20(7), shall not exceed rupees two hundred.]20
1. Substituted by Act 7 of 2006 w.e.f.1.4.2006.
2. Substituted by Act 9 of 2009 w.e.f. 1.4.2009.
3. Deemed to have been omitted by Act 20 of 2009 w.e.f.04.06.2009.
4. Inserted by Act 19 of 1994 w.e.f. 1.4.1994.
5. Inserted by Act 8 of 1995 w.e.f. 1.4.1995 and substituted by Act 6 of 1999 w.e.f. 1.4.1999.
6. Deemed to have been substituted by Act 20 of 2009 w.e.f.04.06.2009.
7. Substituted by Act 8 of 2008 w.e.f. 1.8.2008.
8. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
9. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
10. Substituted by Act 8 of 2008 w.e.f. 1.8.2008.
11. Inserted by Act 9 of 2009 w.e.f.1.4.2009.
12. Substituted by Act 8 of 2010 w.e.f. 1.4.2010.
13. Inserted by Act 8 of 2010 w.e.f. 1.4.2010.
14. Omitted by Act 8 of 2010 w.e.f.1.4.2010.
15. Substituted by Act 16 of 2011 w.e.f.1.4.2011.
16. Inserted by Act 16 of 2011 w.e.f.1.4.2011.
17. Substituted by Act 15 of 2012 w.e.f. 1.4.2012.
18. Substituted by Act 16 of 2015 w.e.f. 01.04.2015
19. Substituted by Act 07 of 2016 w.e.f. 01.04.2016
20. Inserted by Act 07 of 2016 w.e.f. 01.04.2016.
21. Substituted by Act 17 of 2017 w.e.f.01.04.2017
562
1957: KAR. ACT 34] Stamp

1[21. Copy or 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) in 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.]1
1. Substituted by Act 10 of 1990 w.e.f. 1.4.1990
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
instruments is chargeable does not ex- The same duty as payable on the
ceed 2[five hundred rupees]2 original.
1 2 2 1
(b) in any other case [ [five hundred rupees] ]
EXEMPTION
Counterpart of any lease granted to a
cultivator when such lease is exempted
from duty.
1.Substituted by Act 8 of 2003 w.e.f.
1.4.2003.
2.Substituted by Act 9 of 2009
w.e.f.1.4.2009.
2 2
23. [customs bond or excise bond]
(a) where the amount does not ex- The same duty as a Bond (No. 12)
ceed Rs. 1,000. for such amount
(b) in any other case 1[One hundred rupees]1
Declaration of any Trust, see Trust
(No. 54).
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
2. Substituted by Act 15 of 2012 w.e.f. 1.4.2012
24. Delivery-order in respect of
Goods, that is to say, any instrument
entitling any person, therein named, or his
563
1957: KAR. ACT 34] Stamp

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, 3[One rupee for every one
thousand rupees or part thereof
on the value of such goods]3
1[x x x]1
Rupee one

4[XXX]4 Rupees five for every rupees one


thousand or part thereof]2
Deposit of title deeds
See Agreement relating to Deposit of
Title-deeds, Pawn or pledge (No. 6).
Dissolution of partnership,- See
partnership (No. 40)
3[Exemption.- Goods imported
which are exempted from levy of
customs duty by the Government of
India]3
1. Omitted by Act 7 of 2000 w.e.f.
1.4.2000
2. Substituted by Act 7 of 2000 w.e.f. 1.4.2000
3. Inserted by Act, 19 of 2014 w.e.f. 1.03.2014.
4. Omitted by Act 19 of 2014 w.e.f 1.03.2014.
25. Divorce,-instrument of that is to say,
any instrument by which any person
effects the dissolution of his marriage. 1[One
hundred rupees]1
Dower,—Instrument of —See settle-
ment (No. 48)
Duplicate,—See Counterpart (No. 22)
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003

26. Exchange of property,—Instrum- The same duty as a conveya-


ent of Extract—See Copy (No. 21). nce (No. 20) for a market value equal
to the Market value of the property of
greatest value which is the
subject matter of exchange
27. Further charge,—Instrument of—
that is to say, any instrument imposing
a further charge on mortgaged property.
564
1957: KAR. ACT 34] Stamp

(a) when the original mortgage is The same duty as a conveyance


one of the description referred to in cla- (No. 20) for a market value equal to
use (a) of article No. 34 (that is, with the amount of the further charge sec-
possession). ured 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 same duty as a conveyance (No.
the instrument of further charge posses- 20) for a market value equal in the
session of the property is given or agre- total amount of the charge (including
ed to be given under such instrument. the original mortgage and any further
charge already made) less the duty
already paid on such original mortg-
age and further charge.
1[(ii) if possession is not given and
not being a hypothecation. 2[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
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999
2. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
1
[28. Gift-instrument of,- not being
a settlement (No. 48) or will or transfer
(No.52)
(a)Where the donee is not a family The same duty as a Conveyance
member of the doner. (Article 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.
5
2
[(b) Where the donee is a member of [(i) If the property is situated within
the limits of Bangalore Metropolitan
the family of the donor
Regional Development Authority or
Bruhat Bangalore Mahanagara Palike
or City Corporation … Rupees five
thousand;
(ii) If the property is situated within
the limits of City or Town Municipal
Council or Town Panchayat area
…Rupees three thousand;
565
1957: KAR. ACT 34] Stamp

(iii) If the property is situated within


the limits other than the limits specified
in items (i) and (ii) …... Rupees one
thousand;
Provided that, if the property is
situated in any of the combinations of
limits, mentioned in items (i), (ii) and
(iii) above the duty payable shall be
the maximum of the duties specified in
5
items (i), (ii) and (iii) above.]

Explanation: Family in relation to the donor


4 4
for this purpose means [father, mother,]
3
husband, wife, son, daughter, [daughter-in-law,
3 2 1
brothers, sisters] and grand children] ]
1. Substituted by Act 6 of 1999 w.e.f 1.4.1999
2. Substituted by Act 6 of 2001 w.e.f. 1.4.2001
3. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
4. Inserted by Act 9 of 2009 w.e.f.1.4.2009.
5. Substituted by Act 07 of 2016 w.e.f. 01.04.2016

29. Indemnity Bond The same duty as a Security Bond


(No. 47) for the same amount.
Inspectorships Deed-See Composition Deed (No. 19)

1
30. [(1) Lease of immoveable property
including an under-lease or sub-lease and any
agreement to let or sub-let where by such
lease, the rent is fixed, or fine or premium or
money advanced or security deposit (as the
case may be) is paid or delivered,-
7
[(i)where the lease purports to be for a term fifty paise for every one hundred rupees or
not exceeding one year in case of residential part thereof on the total amount or value of;
property the average annual rent, premium, fine and
money advanced, subject to a maximum of
rupees five hundred
(ii)where the lease purports to be for a term fifty paise for every one hundred rupees or
not exceeding one year in case of commercial part thereof on the total amount or value of;
or industrial property the average annual rent, premium, fine and
money advanced,

(iii)where the lease purports to be for a term one rupee for every one hundred rupees or
exceeding one year and not exceeding ten part thereof on the total amount or value of;
years the average annual rent, premium, fine and
money advanced,
(iv)where the lease purports to be for a term
exceeding ten years and not exceeding
twenty years two rupees for every one hundred rupees or
part thereof on the total amount or value of;
566
1957: KAR. ACT 34] Stamp

the average annual rent, premium, fine and


money advanced,
(v)where the lease purports to be for a term
exceeding twenty years and not exceeding three rupees for every one hundred rupees
thirty years or part thereof on the total amount or value
of; the average annual rent, premium, fine
and money advanced,

(vi)where the lease purports to be for a term


the same duty as conveyance under article
exceeding thirty years or in perpetuity or does
20(1) on the total amount or value of,
not purport to be for any definite term
average annual rent, fine, premium and
money advanced; or on the market value of
7
the property; whichever is higher.]

Provided that in any case when an


agreement to lease is stamped with the ad
valorem 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:

Provided further 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
8
be [(i) If the property is situated within the
limits of Bangalore Metropolitan Regional
Development Authority or Bruhat Bangalore
Mahanagara Palike or City Corporation …
Rupees five thousand;
(ii) If the property is situated within the limits
of City or Town Municipal Council or Town
Panchayat area …Rupees three thousand;
(iii) If the property is situated within the limits
other than the limits specified in items (i) and
(ii) …... Rupees one thousand;
Provided that, if the property is
situated in any of the combinations of limits,
mentioned in items (i), (ii) and (iii) above the
duty payable shall be the maximum of the
duties described in items (i), (ii) and (iii)
8
above.]

Explanation.- The term “money advanced”


in this Article means and includes the
security deposit whether refundable or
1
adjustable towards the rent.]

8[(2) lease of moveable property


including an under lease or sublease 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 One rupee for every hundred rupees
567
1957: KAR. ACT 34] Stamp

be for a term not exceeding ten years or part thereof on the ten years aver-
age annual rent reserved, subject to a
maximum of rupees two lakhs.
(ii) where the lease purports to One rupee and fifty paise for every
be for a term exceeding ten years 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 One rupee and fifty paise for every
for a fine or premium or for money adv- hundred or part thereof on the amount
anced and where no rent is reserved of such fine or premium or advance as
setforth in the lease, subject to a
maximum of rupees two lakhs.
(c) where the lease is granted One rupee and fifty paise for every
for a fine or premium or for money adv- hundred rupees or part thereof on the
anced in addition to rent reserved. amount of such fine or premium or
advance as setforth 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:
9[Provided that in respect of lease of
industrial machinery the maximum duty
chargeable shall be rupees ten
thousand.]9
10
[Provided further that]2 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
10 8
shall not exceed rupees
fifteen.] ]
1.Substituted by Act 9 of 2009 w.e.f.1.4.2009
2.Inserted by Act 8 of 2003 w.e.f. 1.4.2003
3.Omitted by Act 8 of 2008 w.e.f. 1.8.2008
4.Inserted by Act 9 of 1997 w.e.f. 1.4.1997
5.Inserted by Act 5 of 1998 w.e.f. 1.4.1998
6.Substituted by Act 5 of 1998 w.e.f. 1.4.1998
7. Substituted by Act 8 of 2010 w.e.f. 1.4.2010
8. Substituted by Act 7 of 2016 w.e.f. 1.4.2016
1
[Description of Instrument Proper Stamp Duty
"(3) Notwithstanding anything
contained in clause (1) and (2)
above, in respect of,-
(a) Mine Development and
Production Agreement
(MDPA) and or Mining Lease
granted through auctions:-
(i) where the lease purports to One rupee for every one hundred
be for a term exceeding one rupees or part thereof on the total
year and not exceeding ten amount or value of; the average annual
years. royalty and average annual payment
based on the final price offer obtained in
568
1957: KAR. ACT 34] Stamp

the auction calculated on the estimated


average annual production as per the
approved mining plan.
(ii) where the lease purports to Two rupees for every one
be for a term exceeding ten hundred rupees or part thereof on the
years and not exceeding total amount or value of; the average
twenty years annual royalty and average annual
payment based on the final price offer
obtained in the auction calculated on the
estimated average annual production as
per the approved mining plan.
(iii) where the lease purports to Three rupees for every one
be for a term exceeding hundred rupees or part thereof on the
twenty years and not total amount or value of; the average
exceeding thirty years annual royalty and average annual
payment based on the final price offer
obtained in the auction calculated on the
estimated average annual production as
per the approved mining plan.
(iv) where the lease purports to Five rupees for every one
be for a term exceeding thirty hundred rupees or part thereof on the
years or in perpetuity or does total amount or value of; four times the
not purport to be for any average annual royalty and four times the
definite term. average annual payment based on the
final price offer obtained in the auction
calculated on the estimated average
annual production as per the approved
mining plan
Provided that in any case when
Mine Development And Production
Agreement (MDPA) is duly stamped with
the ad valorem stamp required for MDPA
as well as for a mining lease and a
mining lease in pursuance of such Mine
Development And Production Agreement
is subsequently executed, the duty on
such mining lease shall not exceed
rupees fifty:
(b): Mine Development and
Production Agreement (MDPA) and
or Mining Lease granted other than
by auctions.
(i) where the lease purports to One rupee for every one hundred
be for a term exceeding rupees or part thereof on the total
one year and not amount or value of; the average annual
exceeding ten years. royalty and average annual payment as
share of value of mineral calculated on
the estimated average annual production
as per the approved mining plan,
premium, money advanced, security
deposit and fine.
(ii) where the lease purports to Two rupees for every one
be for a term exceeding ten hundred rupees or part thereof on the
years and not exceeding total amount or value of; the average
twenty years annual royalty and average annual
payment as share of value of mineral
calculated on the estimated average
annual production as per the approved
mining plan, premium, money advanced,
security deposit and fine.
569
1957: KAR. ACT 34] Stamp

(iii) where the lease purports to Three rupees for every one
be for a term exceeding hundred rupees or part thereof on the
twenty years and not total amount or value of; the average
exceeding thirty years annual royalty and average annual
payment as share of value of mineral
calculated on the estimated average
annual production as per the approved
mining plan, premium, money advanced,
security deposit and fine.
(iv) where the lease purports to Five rupees for every one
be for a term exceeding thirty hundred rupees or part thereof on the
years or in perpetuity or does total amount or value of; four times the
not purport to be for any average annual royalty and four times the
definite term. average annual payment as share of
value of mineral calculated on the
estimated average annual production as
per the approved mining plan, premium,
money advanced, security deposit and
fine; or on the value of Estimated
Resources whichever is higher;
Provided that in any case when
Mine Development And Production
Agreement (MDPA) is duly stamped with
the ad valorem stamp required for MDPA
as well as for mining lease and a mining
lease in pursuance of such Mine
Development And Production Agreement
is subsequently executed, the duty on
such mining lease shall not exceed
rupees fifty:
Explanation: (1) The term
"money advanced and security deposit"
in this Article means and includes the
money advanced and security deposit
including performance guarantee
whether refundable or adjustable towards
any other payments.
(2) "Value of Estimated
Resources" shall have the same meaning
as that in the Minerals (Other than
Atomic and Hydro Carbons Energy
1
Minerals) Concession Rules, 2016.]
1. Inserted by Act 21 of 2016 w.e.f
22.06.2016.
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. 1[One rupee]1
See also certificate or other Document
(No. 16) Letter of Guarantee-
See Agreement (No. 5)
1.Substituted by Act 8 of 2003 w.e.f. 1.4.2003
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
570
1957: KAR. ACT 34] Stamp

at his own discretion. 1[One hundred rupees]1


1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003

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 and
2
money advanced or security deposit [or
for carrying on manufacture, trade,
business or profession]2,-
fifty paise for every one hundred rupees or part
(i)where the license purports to be for a
thereof on the total amount or value of; the
term not exceeding one year in case of
average annual rent, premium, fine and money
residential property
advanced, subject to a maximum of rupees five
hundred

(ii)where the license purports to be for a fifty paise for every one hundred rupees or part
term not exceeding one year in case of thereof on the total amount or value of; the
commercial or industrial property average annual rent, premium, fine and money
2
advanced, [subject to a minimum of rupees
2
fifty]

(iii)where the license purports to be for a one rupee for every one hundred rupees or
term exceeding one year and not exceeding part thereof on the total amount or value of; the
ten years average annual rent, premium, fine and money
2
advanced, [subject to a minimum of rupees
2
one hundred]

(iv)where the license purports to be for a two rupees for every one hundred rupees or
term exceeding ten years and not part thereof on the total amount or value of; the
exceeding twenty years average annual rent, premium, fine and money
2
advanced, [subject to a minimum of rupees
2
two hundred]

(v)where the license purports to be for a three rupees for every one hundred rupees or
term exceeding twenty years and not part thereof on the total amount or value of; the
exceeding thirty years average annual rent, premium, fine and money
2
advanced. [subject to a minimum of rupees
21
three hundred] ]

1. Substituted by Act 8 of 2010 w.e.f. 1.4.2010


2. Inserted by Act 16 of 2015 w.e.f. 01.04.2015
1
[33 Memorandum of Association of a company,—
(a) if accompanied by Articles of 2[One thousand rupees]2
Association under section 26 of the
Companies Act, 1956 (Central Act 1 of
1956)
(b) if not so accompanied The same duty as under Article (No.
10) according to the share capital of
the company.
Exemption:—
571
1957: KAR. ACT 34] Stamp

Memorandum of any Association not


formed for profit and registered under
section 25 of the Companies Act, 1956,
(Central Act 1 of 1956)]1
1. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.
2. Substituted by Act 8 fo 2003 w.e.f. 1.4.2003.
34. Mortgage deed,- not being an agreement relating to 1[Deposit of
title deeds, 2[pawn or pledge]2 (No. 6)]1, Bottomry Bond (No. 13), Mortgage of
a Crop (No. 35), Respondentia Bond (No. 46), or Security Bond (No. 47)
(a) When possession of the prop- The same duty as conveya-
perty or any part of the property compri- nce (No. 20) for a market
sed in such deed is given by the mortg- value equal to the amount
agor or agreed to be given. secured by such deed.
(b) When possession is not given 3[Fifty paise for every
or agreed to be given as aforesaid 1[and hundred rupees or part thereof for the
not being a hypothecation]1 amount secured by such deed]3
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.
2[(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 3[Ten rupees]3
exceeding Rs. 1,000.
(ii) for every Rs. 1,000 or part there- 3[Ten rupees plus one rupee for every
of, secured in excess of Rs.1000. rupees one thousand or part thereof
in excess of rupees one thousand.]3
4
[(d) for hypothecation of movable property,-

If the loan or debt is repayable on demand

(i) where the loan amount does not exceeds


rupees ten lakhs rupees ten for every rupees ten thousands or part
thereof
(ii) where the loan amount exceeds rupees rupees twenty for every rupees ten thousands or
ten lakhs part thereof, subject to a maximum of rupees ten
4
lakhs". ] ]2

1. Substituted by Act 8 of 1995 w.e.f. 1.4.1995.


2. Substituted by Act 6 of 1999 w.e.f. 1.4.1999.
3. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
4. Substituted by Act 16 of 2015 w.e.f. 01.04.2015
EXEMPTION
(1) Instruments executed by persons
taking advances under the Karnataka
Land Improvement Loans Act, 1963
(Karnataka Act 16 of 1963), the Karnataka
572
1957: KAR. ACT 34] Stamp

Agriculturists Loans Act, 1963 (Karnataka


Act 17 of 1963) or by their sureties as
security for the repayment of such
advances,
(2) Letter of hypothecation
accompanying a bill of exchange.
35. Mortagage 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 1[fifty paise]1
and for every Rs. 100 or part thereof
secured in excess of Rs. 100. 1[fifty paise]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003
36. Notarial act,- that is to say, any
instrument, endorsement, note, attention,
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 See also Protest of Bill or
1 1
Note (No. 42). [XXX]
1. Omitted by Act 16 of 2011 w.e.f. 1.4.2011.

1
[37. Note or Memorandum or record of
transactions (Electronic or otherwise).-
Sent by a broker or agent to his principal
intimating the purchase or sale on account
of such principal or effected by a trading
member(agent) through stock exchange
or association or otherwise on behalf of
the client(principal) resident in the State of
Karnataka or otherwise
2 3
(a) Of any [Goods or commodities or [Thirty paise for every ten thousand or
2
currencies] part thereof on the value of goods or
3
commodities or currencies.]
3
(b) Of any share, scrip, stock, bond, [Thirty paise for every ten thousand or
573
1957: KAR. ACT 34] Stamp

debenture, debenture stock or other part thereof on the value of such


marketable security of a like nature, not security at the time of its purchase or
3
being a government security sale, as the case may be. ]
3
(c) of a Government Security [Thirty paise for every ten thousand or
part thereof on the value of such
security at the time of its purchase or
3
sale, as the case may be. ]
3
(d) Of securities other than those falling [Thirty paise for every ten thousand or
3
under clause (b) above, in respect of part thereof. ]
either delivery or non delivery based
(jobbing and trading) transactions
3
(e) Of futures and options trading, of [Thirty paise for every ten thousand or
3
securities other than those falling under part thereof.; and]
clause (b) above,:
3
(f) Of forward contracts of commodities: [Thirty paise for every ten thousand or
3
part thereof.]

Explanation: For the purposes of clauses


(b), (d) and (e) , “securities” means, the
securities as defined in clause (h) of
section (2) of the Securities Contract
(Regulation) Act, 1956.
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
security of like nature in or of any
incorporated company or other body
corporate, an entry relating to which is
required to be made in clearance lists
described in clauses (1), (2) and (3) of
Article 18-A.
(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.

1. Substituted by Act 8 of 2010


w.e.f.1.4.2010.
2. Substituted by Act 15 of 2012
w.e.f. 1.4.2012.
3. Substituted by Act 17 of 2017
w.e.f. 01.04.2017

38. Note of Protest,- by the Master


1
of a ship [fifty rupees]1
See also Protest by the Master of a
ship (No. 43)
574
1957: KAR. ACT 34] Stamp

1. Substituted by Act 16 of 2015 w.e.f. 01.04.2015


39. 1[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-agric-ultural
purpose or is meant for non-agricultural
use.
(1) if the property is situated in the Rupees one thousand for each
jurisdiction of Municipal Corporation or share
Urban Development Authorities or
Municipal Councils or Town Panchayats.
(2) If the property is situated in the Rupees five hundred for each
areas other than those mentioned in sub- share
clause (1) above .
(b) where the property involved in Rupees two hundred fifty for each
the partition is agricultural land share
(c) where the property involved in Rupees two hundred and fifty for
the partition is moveable or money each share

(d) where the property involved in Maximum of the duties described


the partition belongs to any of the in sub-clause (a), (b) or (c) above
combinations of categories ment- for each share.]1
ioned in sub-clause (a), (b) and
(c) above.
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]1;
2[(b) x x x]2
(c) where a final order for effecting
partition passed by any revenue
authority or any Civil Court or an award
by an arbitrator directing a partition, is
stamped with the stamp required for an
instrument of partition and an
instrument of partition in pursuance of
such order or award is
subsequently executed the duty on
such instrument shall not exceed 1[fifty
rupees]1
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999
2. Omitted by Act 6 of 1999 w.e.f. 1.4.1999.
575
1957: KAR. ACT 34] Stamp

1[40 Partnership:—
4 4
[ A. Instrument of Constitution Rupees Two Thousand.]
3 3
(a) Where the capital of the [five hundred rupees]
partnership does not exceed
3 3
[rupees fifty thousand]
3 2 2 3
(b) In any other case [ [two thousand rupees] ]
B. Reconstitution:—
4 4
(a) Where immovable property [Three per cent]
contributed as share by a partner on the market value of the imm-
or partners remains with the firm ovable property remaining with the
at the time of outgoing in whatever firm.
manner by such partner or partners on
reconstitution of such partnership firm.
3 3
(b) In any other case [one thousand rupees]
C. Dissolution of:—
4 4
(a) Where the property which [Three per cent on]
belonged to one partner or partners for a market value equal to the market
when the partnership commenced value of the property distributed or
is distributed or alloted or given to alloted or given to partner under the
another partner or partners. instrument of dissolution, in addition to
the duty which would have been
chargeable on such dissolution if such
property had not been distributed or
alloted or given.
3 1 3
(b) In any other case [one thousand rupees.] ]
1. Substituted by Act 8 of 1995 w.e.f.
1.4.1995
2. Substituted by Act 8 of 2003 w.e.f.
1.4.2003
3. Substituted by Act 15 of 2012 w.e.f.
1.4.2012
4.. Substituted by Act 7 of 2016 w.e.f.
1.4.2016.

1 Limited Liability Partnership,-


[40A
A. constitution of Limited Liability Partnership, or
conversion of firm/private company/unlisted public
limited company into limited liability partnership,
(a) where the capital does not exceed rupees ten Rupees one thousand
lakhs
2
(b) where the capital exceeds rupees ten lakhs; for [Rupees one thousand plus
every rupees five lakh of part thereof rupees five hundred for every
exceeding rupees ten lakhs rupees five lakhs or part
thereof, exceeding rupee ten
lakhs capital amount, subject to
a maximum of rupees ten
2
lakhs]
2 2
B. Reconstruction or amalgamation of Limited [Three percent] on the
Liability Partnership consideration or market value
of the property whichever is
higher of the transferor limited
liability partnership located
576
1957: KAR. ACT 34] Stamp
1
within the State of Karnataka" ]
1. Inserted by Act 16 of 2015 w.e.f. 01.04.2015
2. Substituted by Act 07 of 2016 w.e.f. 01.04.2016

41. Powers of attorney,—(as defined


by section 2(1)(P) not being a proxy,—
(a) when executed for the sole
purpose of procuring the registration of
one or more documents in relation to a
single transaction or for admitting exec-
1 1
ution of one or more such documents [One hundred rupees]
(b) when authorising one person or
more to act in a single transaction other
than the case mentioned in
1 1
Clause (a) [One hundred rupees]
(c) when authorising not more than
five persons to act jointly and severally in
2 2
more than one transaction or generally [One hundred rupees]
(d) when authorising more than five
but not more than ten persons to act
Jointly and severally in more than one
2 2
transaction or generally; [Two hundred rupees]
3
[(e) when given for consideration or The same duty as a Conveyance [under
when coupled with interest and Article 20(1)] on consideration or on
authorizing the attorney to sell any market value of the property (which is
immovable property; the subject matter of such power of
3
attorney), whichever is higher.]
13 4
[ [Provided that the duty paid on
agreement for sale under Article 5(e) or
instrument of sale or transfer as the
case may be, is adjustable towards the
duty payable on such power of attorney
under Article 41 (e), executed between
the same parties and in respect of the
same property]4]13

8 8
[(ea) XXX]

13 11
[ [ (ea) If relating to construction or Two Rupees for every one hundred rupees or
development of immovable property, including a part thereof, on the Market Value of such
multi unit or multi storied house or building or undivided share or portion of land or
apartment or flat, or portion of it, executed by immovable property, consideration and
and between owner or lessee, as the case may money advanced, if any; or
be, and developer, having a stipulation, whether On the Market Value of such share or portion
express or implied, that, in consideration of the of the constructed or developed building or
owner or lessee conveying or transferring or immovable property, consideration and
577
1957: KAR. ACT 34] Stamp

disposing off, in any way, the undivided share or money advanced, if any; whichever is higher.
portion of land or immovable property; the
developer agrees to convey or transfer or Provided that, if the proper stamp duty is paid
dispose off, in any way, the proportionate or under clause (f) of the Article 5 on an
agreed share or portion of the constructed or agreement for sale, executed by and
developed building or immovable property to the between the same parties and in respect of
owner or lessee, as the case may be. the same property, then the stamp duty
payable on the corresponding power of
attorney under clause (ea) of article 41, shall
Explanation: not exceed rupees two hundred."
The tern "Developer" includes promoter or Explanation: The term "money advanced" in
builder or by whatever name called. this Article, means and includes the security
deposit whether refundable or adjustable.]12]13

5 6[
[(eb) When given to a person other the same duty as a conveyance under
6
than the father, mother, wife or husb- Article 20(1)] on the market value of the
and, sons, daughters, brothers, sisters property which is the subject matter
in relation to the executant authorising of the power of attorney
such person to sell immoveable
property situated in Karnataka State
13 4
[ [Provided that the duty paid on
agreement for sale under Article 5(e) or
instrument of sale or transfer as the
case may be is adjustable towards the
duty payable on such power of attorney
under Article 41 (eb), executed
between the same parties and in
respect of the same property]4]5]13
14
[(ec) When given to person other The same duty as a
than the father, mother, wife conveyance under Article 20(7)
or husband, sons, on the market value of the
daughters, brothers, sisters property which is the subject-
14
in relation to the executant matter of Power of Attorney:]
authorising such person to
sell Transferable
Development Rights relating
to immovable property
situated in Karnataka State.

9
[(f) When executed by a principal or rupees fifty
client for the sole purpose of
authorizing the agent or broker to
carry out all lawful acts and deeds
relating to his / her trading operations
including sale / purchase of
578
1957: KAR. ACT 34] Stamp

marketable securities, transfer of


securities towards -stock exchange,
receiving / releasing funds and
securities from / to other parties on
behalf of the principal or client.
9
(g) When executed by a principal or Rupees fifty]
client for the sole purpose of
authorizing the depository participant
to carry out all lawful acts and deeds
relating to his/her demat account as
per the bye-laws of the depositories /
regulations governing such
operations.

10 10 7 7
[(h)] in any other case [two hundred rupees]
N.B. The term “Registration” includes
every operation incidental to registration
under the Registration Act, 1908. (Central
Act 16 of 1908).
Explanation—‘For the purposes of
this article more persons than one when
belonging to the same firm shall be
deemed to be one person’
1. Substituted by Act 7 of 2000 w.e.f. 1.4.2000.
2. Substituted by Act 10 of 1990 w.e.f. 1.4.1990.
3. Substituted by Act 9 of 2009 w.e.f.1.4.2009.
4. Substituted by Act 16 of 2011 w.e.f. 1.4.2011.
5. Substituted by Act 8 of 1995 w.e.f. 1.4.1995 and substituted by Act 6 of 1999
w.e.f. 1.4.1999.
6. Deemed to have been substituted by Act 20 of 2009 w.e.f. 4.6.2009.
7. Substituted by Act 8 of 2003 w.e.f. 1.4.2003 and substituted by Act 9 of 2009
w.e.f..1.4.2009.
8. Omitted by Act 16 of 2011 w.e.f.1.4.2011.
9. Inserted by Act 16 of 2011 w.e.f.1.4.2011.
10. Renumbered by Act 16 of 2011 w.e.r.1.4.2011.
11. Inserted by Act 15 of 2012 w.e.f. 1.4.2012.
12. Inserted by Act 29 of 2013 w.e.f. 1.4.2013.
13. Substituted by Act 19 of 2014 w.e.f. 1.03.2014
14. Inserted by Act 07 of 2016 w.e.f. 1.4.2016.

42. protest of bill or note,—that is to


say, any declaration in writing made by a
Notary Public or other person lawfully
acting as such, attesting the dishonour of
a bill of exchange or promissory note. 1[Ten rupees]1
1. Substituted by Act 10 of 1990 w.e.f. 1.4.1990.
43. Protest by the master of a
ship,— that is to 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
579
1957: KAR. ACT 34] Stamp

every declaration in writing made by him


against the charterers or the consignees
for not loading or unloading the ship when
such declaration is attested or certified by
a Notary Public or other person lawfully
1
acting as such. [Fifty rupees]1
See also Note of Protest by the Master
of a ship (No. 38)
1. Substituted by Act 16 of 2015 w.e.f.
01.04.2015.
44. Reconveyance of mortgaged
property,—
(a) the consideration for which The same duty as a conveyance (No.
the property was mortgaged does not 20) for a market value equal to the
exceed Rs. l,000. amount of such consideration as set
forth in the re-conveyance.
1
1[(b) in any other case One-hundred rupees]
1. Substituted by Act 9 of 1987 w.e.f.
1.4.1987.
45. Release, that is to say, any ins-
trument (not 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:

6
[(a) where the release is not between the The same duty as a Conveyance [under
family members Article No.20(1)] on the market value of the
property or on the amount or value of claim or
part of claim renounced, as the case may be
(which is the subject matter of release) or
consideration for such release, whichever is
6
higher.]

7
4
[(b) Where the release is [(i) If the property is situated within the
limits of Bangalore Metropolitan Regional
between the family
Development Authority or Bruhat Bangalore
members Mahanagara Palike or City Corporation
……Rupees five thousand;
(ii) If the property is situated within the
limits of City or Town Municipal Council or
Town Panchayat area …………. Rupees three
thousand;
(iii) If the property is situated within the
limits other than the limits specified in items (i)
and (ii) …………………. Rupees one
thousand;
Provided that, if the property is situated in
any of the combinations of limits, mentioned
in items (i), (ii) and (iii) above the duty payable
shall be the maximum of the duties specified
7
in items (i), (ii) and (iii) above.]
580
1957: KAR. ACT 34] Stamp

Explanation.- family in relation to a


person for the purpose of clause (b)
means husband, wife, son, daughter,
father, mother, brother, 6[wife / children of
predeceased brother]6 sister, 6[husband/ children
of predeceased sister]6 wife of a predeceased son and
children of a predeceased son or predeceased
4 2
daughter."] ]
5
[(c)Release of mortgage rights Same duty as bond (No. 12) subject
5
or lien a maximum of rupees one hundred]
1. Substituted by Act 10 of 1990 w.e.f. 1.4.1990.

2. Substituted by Act 6 of 1990 w.e.f. 1.4.1999.


3. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
4. Substituted by Act 6 of 2001 w.e.f. 1.4.2001.
5. Inserted by Act 8 of 1995 w.e.f. 1.4.1995.
6. Substituted by Act 9 of 2009 w.e.f. 1.4.2009.
7. Substituted by Act 7 of 2016 w.e.f. 1.4.2016.

46. Respondentia bond,- that is to


say any instrument securing loan on the
cargo laden or to be laden on board
a ship and making repayment contingent The same duty as a Bond (No.12)
on the arrival of the cargo at the port for the amount of the loan secured.
of destination.
Revocation of any Trust or settlement
See settlement (No. 48) Trust (No. 54)
47. Security bond or mortgage-
deed,- executed by way of security for the
due execution of an office, or to account
for money or other property received by
virtue thereof, or execution by a surety to
secure the due performance of a contract.

1 Fifty paise for every rupees one


[ (a) when the amount secured does not
exceed rupees one thousand hundred or part thereof
(b) in any other case 1
Rupees two hundred".]
1. Substituted by Act 16 of 2015 w.e.f. 01.04.2015.
EXEMPTION
Bond or other instrument, when
executed,-
(a) by any person for the purpose of
guaranteeing that the local income
derived from private subscriptions to a
charitable dispensary or hospital or any
other object of public utility shall not be
less than a specified sum per mensem,
581
1957: KAR. ACT 34] Stamp

(b) under No. 3A of the rules made


under section 70 of the Bombay Irrigation
Act, 1879,
(c) by persons taking advances under
the Karnataka Land Improvement Loan
Act, 1963 (Karnataka Act 16 of 1963), the
Karnataka Agriculturists Loans Act, 1963
(Karnataka Act 17 of 1963) or by their
sureties as security for the repayment of
such advances.
(d) by officers of 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.
1. Substituted by Act 10 of 1990 w.e.f.
1.4.1990.
48. Settlement,-
1
[A. Instrument of (including a deed of
dower)
(i) Where the disposition is not The same duty as a conveyance
for the purpose of distributing the (Article No. 20), for a market value
property of the settlor among his equal to the market value of the
family property, which is the subject matter
of settlement:
Provided that, where an agreement
to settle is stamped with the stamp
duty 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 fifty rupees.
6
2
[(ii) Where the disposition is for [(i) If the property is situated within the
limits of Bangalore Metropolitan Regional
the purpose of distributing
Development Authority or Bruhat Bangalore
the property of the settler Mahanagara Palike or City Corporation
among the members of his ……Rupees five thousand;
family:- (ii) If the property is situated within the
limits of City or Town Municipal Council or
Town Panchayat area …………. Rupees three
thousand;
(iii) If the property is situated within the
limits other than the limits specified in items (i)
and (ii) …………………. Rupees one
thousand;
Provided that, if the property is situated in
any of the combinations of limits, mentioned
in items (i), (ii) and (iii) above the duty payable
shall be the maximum of the duties specified
6
in items (i), (ii) and (iii) above.]
582
1957: KAR. ACT 34] Stamp

Explanation.- For the purpose of this sub-


clause family in relation to settler means
5 5
[father, mother] husband, wife, son,
3
daughter, [daughter -in- law, brothers,
3 2
sisters] and grand children. ]
Exemption.- Deed of dower executed
on the occasion of a marriage between
muhammadans.]1
4
[B. Revocation of The same duty as a conveyance (No.
20) for a sum equal to the amount or
value of the property concerned, in the
Instrument of revocation, but not
4
exceeding two hundred rupees]
1. Substituted by Act 6 of 1999 w.e.f. 1.4.1999
2. Substituted by Act 6 of 2001 w.e.f. 1.4.2001.
3. Substituted by Act 7 of 2007 w.e.f. 1.4.2007.
4. Substituted by Act 9 of 1987 w.e.f. 1.4.1987.
5. Inserted by Act 9 of 2009 w.e.f.1.4.2009.
6. Substituted by Act 07 of 2016 w.e.f. 1.4.2016.
49. Share warrants—To bearer iss- One and a half times the duty payable
ued under the Companies Act, 1956 on a conveyance (No. 20) for a market
(Central Act I of 1956) value equal to the nominal amount of
the shares specified in the warrant.
EXEMPTIONS
Share warrant when issued by a
company in pursuance of section 114 of
the Companies Act, 1956, to have effect
only upon payment as composition for that
duty to the Deputy Commissioner 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 subse-
quently issues an addition to its
subscribed capital one and a half per-
centum of the additional capital so issued.
50. Shipping order,- for or relating to
the conveyance of goods on board of
any vessel. 1[Two rupees]1
1. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
51. Surrender of lease
(a) when the duty with which the
lease is chargeable does not exceed The duty with which such lease is
ed twenty-two rupees and fifty paise chargeable.
(b) In any other case 1[One hundred rupees.]1
583
1957: KAR. ACT 34] Stamp

EXEMPTION
Surrender of lease, when such lease is
exempted from duty.
1. Substituted by Act 10 of 1990 w.e.f.
1.4.1990.
52. Transfer.—(Whether with or
without consideration),
1[(a) of debentures, being marketable Fifty paise for every rupees one
securities, whether the debenture is, hundred or part thereof subject to
liable to duty or not a maximum of one thousand rupees
for a consideration equal to the face
value of the debenture.]1
(b) of any interest secured by a
bond, mortgage-deed or policy of
insurance,—
(i) if the duty on such bond, The duty with which such bond,
mortgage-deed or policy does not exce- mortgage deed; or policy of insurance
ed twenty-two rupees and fifty paise is chargeable.
(ii) in any other case 2[One hundred rupees]2
(c) of any property under section 25
of the Administrator Generals Act, 1963 2[One hundred rupees]2

3
[(d) of any trust property from one trust to The same duty as a conveyance
another trust or from Trust to trustee or [under Article 20 (1)] on the market
beneficiary, or from trustee to trust or value of the property (which is the
trustee or beneficiary, as the case may be. subject matter of such transfer) or
consideration for such transfer,
whichever is higher.
Provided that for the public
religious and charitable trusts, the
duty for such transfer shall be rupees
3
one thousand.]

EXEMPTIONS
Transfers by endorsement
(a) of a bill of exchange, cheque or
promissory note
(b) of a bill of lading, delivery order,
warrant for goods or other mercantile
document of title to goods.
(c) of a policy of insurance
(d) of securities of the Central
Government or of State Government
(See also section 8)
1. Substituted by Act 6 of 1990 w.e.f.
1.4.1990.
2. Substituted by Act 10 of 1990
w.e.f.1.4.1990.
3. Substituted by Act 16 of 2011
w.e.f.1.4.2011.
584
1957: KAR. ACT 34] Stamp
1
[53 Transfer of lease.- by way of
assignment and not by way of
under lease.
(a) Where the remaining period of The same duty as conveyance
lease does not exceed 30 years [No.20(1)] for a market value equal to
the amount of consideration.
(b) Where the remaining period of The same duty as conveyance
lease exceeds 30 years. [No.20(1)] on the market value of the
property which is the subject matter of
1
transfer.]
1. Substituted by Act 7 of 2006 w.e.f. 1.4.2006.
1[53A.Transfer of Licence Same duty as conveyance (No. 20)]1
1. Inserted by Act 8 of 1995 w.e.f.
1.4.1995.

1
[54 Trust,-

Declaration of or concerning, any property


when made by any writing not being a Will.-

(i) When the Trust is made exclusively for Rupees One Thousand
public religious and charitable purposes.

(ii) When the Trust is made for the Rupees One Thousand
management & custody of properties, for the
purpose of distributing the benefits/profits of
the property to the beneficiaries and where
there is no transfer/ disposition of property,
in any way.

The same duty as


(iii)When the trust made involves the conveyance [under Article
transfer/ disposition of property in any way; No. 20(1)] on the amount
and the market value of the
property, which is the
subject matter of such
1
transfer / disposition.]

1. Substituted by Act 16 of 2011 w.e.f. 1.4.2011.

55. Warrant for goods,- that is to


say, any instrument evidencing the title of
any person therein named or his assigns,
or the holder thereof, to the property in
any goods lying in or upon any dock,
warehouse or wharf, such instrument
being signed or certified by or on behalf of
the person in
whose custody such goods maybe. 2[3[Fifty rupees]3]2.
585
1957: KAR. ACT 34] Stamp

1[Note x x x]1
1. Omitted by Act 9 of 1987 w.e.f. 1.4.1987.
2. Substituted by Act 8 of 2003 w.e.f. 1.4.2003.
3. Substituted by Act 16 of 2015 w.e.f. 01.04.2015.
586
1957: KAR. ACT 34] Stamp

NOTIFICATIONS
I
Bangalore, 12th May 1958 (Vishaka 22nd, Saka Era 1880).
[No. RD 6 (A) SPS 58]
In exercise of the powers conferred by sub-section (3) of Section 1 of the Mysore
Stamp Act, 1957 (Mysore Act No. 34 of 1957), the Government of Mysore hereby
appoints the 1st day of June 1958 as the date on which the said Act shall come into
force.
By Order and in the name of the Governor of Mysore,
(K. BALASUBRAMANYAM)
Secretary to Government, Revenue Department.
(Published in the Karnataka Gazette, PART IV—2-C, dated 22.5.1958.)

II
Bangalore dated 27th October 1966, [No. RD 184 EST 66.].
S.O. 5614.—In exercise of the powers conferred by sub-section (2) of Section 1
of the Mysore Stamp (Amendment) Act, 1966 (Mysore Act 17 of 1966), the
Government of Mysore hereby appoints the 15th day of November 1966 as the date
on which the said Act shall come into force.
By Order and in the name of the Governor of Mysore,
(K. C. PUTTANARASIAH)
Under Secretary.

III
Bangalore, dated 30th November, 1971.[ No. RD 116 FST 71]
S.O. 2000.—In exercise of the powers conferred by sub-section (2) of section 1
of the Mysore Stamp (Amendment) Act, 1971 (President’s Act No. 17 of 1971), the
Government of Mysore hereby appoints the first day of December 1971 as the date
on which the said Act shall come into force.
By Order and in the name of the President of India,
(K. BALASUBRAMANYAM)
Commissioner for Land Reforms and Ex-Officio
Secretary to Government, Revenue Department.

IV
Bangalore, dated 11th April, 1991.[No. RD 90 ESR 91]
In exercise of the powers conferred by clause (b) of sub-section (2) of section 1
of the Karnataka Stamp (Amendment) Act, 1975 (Karnataka Act 12 of 1975), the
Government of Karnataka hereby specify that section 5 of the said Act shall come
into force on the 1st April 1991 in other areas of the State except the areas to which
the said section has already brought into force.

By Order in the name of the Governor of Karnataka,


(PRADEEP S. RAJANAL)
Under Secretary to Government, Revenue
Department.
587
1957: KAR. ACT 34] Stamp

V
Bangalore, dated 24th February, 2009.[No. RD 108 MUNOMU 2008]
In exercise of the powers conferred by sub section (2) of section 1 of the
Karnataka Stamp (Second Amendment) Act, 2007 (Karnataka Act No. 1 of 2008)
st
the Government of Karnataka hereby appoints the 1 day of April 2003 as the date
on which the said Act shall be deemed to have come into force

By Order in the name of the Governor of Karnataka,


(T.K. RAMACHANDRA)
Under Secretary to Government, Revenue
Department
(Stamps and Registration).

****

KARNATAKA ACT NO 29 OF 2013


(First Published in the Karnataka Gazette Extra-ordinary on the eleventh day of
March, 2013)
THE KARNATAKA STAMP (AMENDMENT) ACT, 2013
(Received the assent of the Governor on the fifth day of March, 2013)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing ;
Be it enacted by the Karnataka State Legislature in the sixty-fourth year of
the Republic of India as follows :-
1. Short title and commencement.- (1) This Act may be called the
Karnataka Stamp (Amendment) Act, 2013.
(2) It shall come into force with effect from the first day of April 2013.
[In schedule Article 5(f) and Article 41 (ea) incorporated in the Principal Act.

KARNATAKA ACT NO 19 OF 2014


(First Published in the Karnataka Gazette Extra-ordinary on the Twenty–eighth day
of February, 2014)

THE KARNATAKA STAMP (AMENDMENT) ACT, 2014


(Received the assent of the Governor on the Twenty–eighth day of February, 2014)
An Act further to amend the Karnataka Stamp Act, 1957.
Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-fifth year of the
Republic of India as follows:-
588
1957: KAR. ACT 34] Stamp

1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp (Amendment) Act, 2014.
(2) It shall come into force with effect from the first day of March 2014.
In schedule Article 9(1)(a), 5(i)(e)&(f), 11, 24, 41 incorporated in the Principal Act.

KARNATAKA ACT NO 3 OF 2015


(First Published in the Karnataka Gazette Extra-ordinary on the Eighth day of
January, 2015)

THE KARNATAKA STAMP (SECOND AMENDMENT) ACT, 2014


(Received the assent of the Governor on the seventh day of January, 2015)
An Act further to amend the Karnataka Stamp Act, 1957.
Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-fifth year of the
Republic of India as follows:-

1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp (Second Amendment) Act, 2014.
(2) It shall be deemed to have come into force with effect from the first day
of October, 2014.
Section 9 is incorporated in the Principal Act.

By Order and in the name of the


Governor of Karnataka,

S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs

KARNATAKA ACT NO. 16 OF 2015


(First Published in the Karnataka Gazette Extra-ordinary on the thirty first day of
March, 2015)

THE KARNATAKA STAMP (AMENDMENT) ACT, 2015


(Received the assent of the Governor on the thirty first day of March, 2015)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-sixth year of
the Republic of India as follows:-

1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp (Amendment) Act, 2015.
(2) It shall come into force with effect from the first day of April 2015.
In the Schedule, Articles 5, 6, 9, 10, 18, 19, 20, 32A,34, 37, 38, 40, 43, 47, 55 are
Incorporated in the Principal Act
XXX
KARNATAKA ACT NO 7 OF 2016
(First Published in the Karnataka Gazette Extra-ordinary on the Thirty First
day of March, 2016)

THE KARNATAKA STAMP (SECOND AMENDMENT) ACT, 2016


(Received the assent of the Governor on the Thirty First day of March, 2016)
589
1957: KAR. ACT 34] Stamp

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-seventh Year
of Republic of India as follows:-
1. Short title and Commencement.- (1) This Act may be called the
Karnataka Stamp (Second Amendment) Act, 2016.
(2) It shall come into force with effect from the first day of April, 2016.
Section 9 and schedule in article 5, 20, 28, 30, 40, 41,45 and 48 are incorporated in the
Principal Act.
4. Validation.- Notwithstanding anything contained in Section 9 of the Principal
Act, as existed prior to commencement of this Act, the exemption or remission of
stamp duty granted under Notification No. RD 71 MuNoMu 2014, dated 10-02-2016,
shall be deemed to be valid and effective and have been granted under Section 9,
as amended by this Act.
xxx

KARNATAKA ACT NO 9 OF 2016


(First Published in the Karnataka Gazette Extra-ordinary on the First day of
April, 2016)

THE KARNATAKA STAMP (AMENDMENT) ACT, 2016


(Received the assent of the Governor on the Thirty First day of March, 2016)
An Act further to amend the Karnataka Stamp Act, 1957.
Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-seventh year
of the Republic of India as follows:-

1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp ( Amendment) Act, 2016.
(2) It shall come into force at once.
Section 9 is incorporated in the Principal Act.

Xxx

KARNATAKA ACT NO 10 OF 2016


(First Published in the Karnataka Gazette Extra-ordinary on the First day of April, 2016)

THE KARNATAKA STAMP (THIRD AMENDMENT) ACT, 2016


(Received the assent of the Governor on the Thirty First day of March, 2016)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-seventh year
of the Republic of India as follows:-

1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp (Third Amendment) Act, 2016.
(2) It shall come into force at once..
Section 9 is incorporated in the Principal Act.
590
1957: KAR. ACT 34] Stamp

KARNATAKA ACT NO 21 OF 2016


(First Published in the Karnataka Gazette Extra-ordinary on the Twenty Seventh day of July, 2016)

THE KARNATAKA STAMP (FOURTH AMENDMENT) ACT, 2016


(Received the assent of the Governor on the Twenty Sixth day of July, 2016)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-seventh Year
of Republic of India as follows:-
1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp ( Fourth Amendment) Act, 2016.
nd
(2) It shall be deemed to have come into force with effect from the 22 day of
June, 2016.
article 30 of the schedule is incorporated in the Principal Act.

3. Repeal and savings.- (1) The Karnataka Stamp (Amendment) ordinance,


2016 (Karnataka ordinance 2 of 2016) is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under
the Principal Act as amended by the said Ordinance shall be deemed to have been
done or taken under the principal Act as amended by this Act.

KARNATAKA ACT NO. 17 OF 2017


(First Published in the Karnataka Gazette Extra-ordinary on the 31st day of March, 2017)

THE KARNATAKA STAMP (AMENDMENT) ACT, 2017


(Received the assent of Governor on the 31st day of March, 2017)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-eighth Year of
Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka
Stamp (Amendment) Act, 2017.
(2) It shall come into force with effect from the first day of April, 2017.

Sections 30, 52-A, 52-B and the schedule are incorporated in the Principal Act.

KARNATAKA ACT NO. 32 OF 2017


(First Published in the Karnataka Gazette Extra-ordinary on the 3rd day of July, 2017)
THE KARNATAKA STAMP (SECOND AMENDMENT) ACT, 2017
(Received the assent of Governor on the 29th day of June, 2017)

An Act further to amend the Karnataka Stamp Act, 1957.


Whereas it is expedient further to amend the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-eighth year of
the Republic of India as follows:-
1. Short title and commencement.– (1) This Act may be called the
Karnataka Stamp (Second Amendment) Act, 2017.
(2) It shall come into force at once.

Section 9 is incorporated in the Principal Act.

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