THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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(E) -Duty by whom payable30 . Duties by whom payable.In the absence of an agreement to the contrary, the expense of providing the proper stampshall be borne:-(a) in the case of any instrument described in any of the following articles of Schedule I,namely:-No.2 (Administration Bond),No.6 (Agreement relating to Deposit of Title-deeds, Pawn or pledge),No. 13 (Bond), .No. 14 (Bottomry Bond),No. 28 (Customs Bond),No. 33 (Further Charge),No. 35 (Indemnity Bond),No. 40 (Mortgage Deed),No. 52 (Release),No. 53 (Respondentia Bond),No. 54 (Security Bond or Mortgage Deed),No. 55 (Settlement),No. 1 [59 (a)] (Transfer of debentures, being marketable securities whether the debentureis liable to duty or not, except debentures provided for by section 8 of the Indian StampAct, 1899),No. 59 (b) (Transfer of any interest secured by a bond or mortgage deed or policy ofinsurance), by the person drawing or making such instrument;(b) in the case of a conveyance (including a conveyance of mortgaged property) by thegrantee; in the case of a lease or agreement to lease by the lessee or intended lessee;________________________--1. These figures, brackets and letter were substituted by Mah. 27 of 1985, s. 16(a), (w.e/. 10.12.1985).
(c) in the case of a counter part of a lease by the lessor;(d) in the case of an instrument of exchange by the parties in equal shares;(e) in the case of a certificate of sale by the purchaser of the property to which suchcertificate relates; l [X](f) in the case of an instrument of partition by the parties thereto in proportion to theirrespective shares in the whole property partitioned, or, when the partition is made inexecution of an order passed by a Revenue Authority or Civil Court or Arbitrator, in suchproportion, J1S such Authority, Court or 2 [arbitrator directs; and]3 [(g) in any other case, by the person executing the instrument].31. Adjudication as to proper stamps.CHAPTER IIIADJUDICATION AS TO STAMPS4 [(1) When an instrument, whether executed or not and whether previously stamped ornot, is brought to the Collector, 5 [by one of the parties to the instrument and such person]applies to have the opinion of that officer as to the duty (if any) with which 6 [or theArticle of Schedule I under which] it is chargeable and pay 7 [a fee of one hundredrupees] the Collector shall determine the duty (if any) with which 6 [or the Article ofSchedule I under which] in his judgement, the instrument is chargeable].(2) For this purpose the Collector may require to be furnished with 8 [a true copy or] anabstract of the instrument, and also with such affidavit or other evidence as he may deemnecessary to prove that all the facts and circumstances affecting the chargeability of theinstrument with duty, or the amount of the duty with which it is chargeable, are fully andtruly set forth therein and may refuse to proceed upon any such application until 9 [suchtrue copy or abstract] and evidence have been furnished accordingly:__________________________________I. The word "and" was deleted, by Mah. 27 of 1985, s. 16(b), (w.e.f 10.12.1985).2. These words were substituted for the words "arbitrator directs" by Mah. 27 of 1985. s. 16(c), (w.e.f10.12.1985).3. Clause (g) was added by Mah. 27 of 1985, s. 16(d), (w.e.f 10.12.1985).4. Sub-section (I) was substituted for the original by Mah. 13 of 1974, s. 3, (w.e.f 1-5-1974).5. These words were substituted for the words "and the persons bringing it" by Mah. 9 of 1997, s, 8(a)(w.e.f 15.9.1996).6. These words were inserted by Mah. 27 of 1985 s.17(a) (w.e.f. 10.12.1985).7. These words were substituted for the words "a fee of fifty rupees" as Amended by Mah. Tax Laws (Levyand Amendment) Act, 2001, s. 2(a),8. These words inserted by Mah. 27 of 1985. 17(b)(i), (w.e.f. 10.12.1985).9. These words were substituted for the words "such abstract" by Mah. 27 of 1985, s. 17(b) (ii), (w.e.f. 10-12-1985).
Page 2 and 3: Constitutional Position -Law relate
Page 4 and 5: to values of property especially in
Page 6 and 7: If the documents creates an obligat
Page 8: Notification - Addition Officers fo
Page 11 and 12: Agreements entered into before 10 t
Page 13 and 14: 3. The Court was constructed severa
Page 15 and 16: and the value of in question may be
Page 17 and 18: considering the correspondence that
Page 19 and 20: eferred to in Section 47A and Rules
Page 21 and 22: includes an instrument by which a p
Page 23 and 24: 5. Instrument relating to several d
Page 26 and 27: (d)with Securities and Exchange Boa
Page 28 and 29: 2. These words were substituted for
Page 30 and 31: 3 [Provided that the clearance list
Page 32 and 33: 1 [25. How transfer in consideratio
Page 34 and 35: Provided also that, where proceedin
Page 39 and 40: Subjective satisfaction to be on ob
Page 41 and 42: 1 [(2) (a) If any officer registeri
Page 43 and 44: 1 [Provided further that, in respec
Page 45 and 46: NotesThe section applies to eight t
Page 47 and 48: he thinks just and proper; and the
Page 49 and 50: instrument from the party and, afte
Page 51 and 52: Government or where it bears the ce
Page 53 and 54: 37. Instruments impounded how dealt
Page 55 and 56: Subjective satisfaction to be on ob
Page 57 and 58: executed, some other person was bou
Page 59 and 60: (a) the stamp on any paper inadvert
Page 61 and 62: 50. Allowance for misused stamps.(1
Page 63 and 64: (2) The Chief Controlling Revenue A
Page 65 and 66: Under sub-section (2) if the Collec
Page 67 and 68: 1 [(4) Without prejudice to the pro
Page 69: 1 [59A. No prosecution und~ section

THE BOMBAY STAMP ACT, 1958 - Igrmaharashtra.gov.in

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