34 of 1957 (E)
34 of 1957 (E)
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
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
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.
XLV
XLVII
XLVIII
(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.
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.
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.
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.
XLIXVIII
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.
(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
(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
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
(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
(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
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
(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.]
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
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
[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
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
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
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.
(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
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
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.
2 1
[ [11. Award,- that is to say, any
555
1957: KAR. ACT 34] Stamp
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.]
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
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
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
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
(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
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
[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
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.
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
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.
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
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,-
(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.
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.
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
****
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.
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.
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs
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)
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
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
(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.
Sections 30, 52-A, 52-B and the schedule are incorporated in the Principal Act.