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The Bombay Stamp Act, 1958

The Bombay Stamp Act, 1958

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Sections

1. Short title, extent and commencement.

Section 1

2. Definitions.

Section 2

3. Instruments chargeable with duty.

Section 3

4. Several instruments used in signal transaction of sale, mortgage or settlement.

Section 4

5. Instruments relating to several distinct matters.

Section 5

6. Instruments coming with in several description in Schedule I.

Section 6

7. Payment of higher duty in respect of certain instruments.

Section 7

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

Section 8

9. Power to reduce, remit or compound duties.

Section 9

10. Duties how to be paid.

Section 10

12. Cancellation of adhesive stamps.

Section 12

13. Instrument stamped with impressed stamps how to be written.

Section 13

14. Only one instrument to be on same stamp.

Section 14

15. Instrument written contrary to section 13 or 14 deemed unstamped.

Section 13

16. Denoting duty.

Section 16

17. Instruments executed in State.

Section 17

18. Instruments executed out of State.

Section 18

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

Section 19

20. Conversion of amount expressed in foreign currencies.

Section 20

21. Stock and marketable securities how to be valued.

Section 21

22. Effect of statement of rate of exchange or average price.

Section 22

23. Instruments reserving interest.

Section 23

24. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements.

Section 24

26. Valuation in case of annuity, etc.

Section 26

27. Stamp where value of subject matter is indeterminate.

Section 27

28. Facts affecting duty to be set forth in instrument.

Section 28

29. Directions as to duty in case of certain conveyances.

Section 29

30. Duties by whom payable.

Section 30

31. Adjudication as to proper stamps.

Section 31

32. Certificate by Collector.

Section 32

32B. Statement of the case by the Collector.

Section 32B

33. Examination and impounding of instruments.

Section 33

34. Instruments not duly stamped in admissible in evidence etc.

Section 34

35. Admission of instrument where not be questioned.

Section 35

36. Admission of improperly stamped instruments.

Section 36

37. Instruments impounded how dealt with.

Section 37

38. Collectors power to refund penalty paid under section 37, sub-section (1).

Section 37

39. Collector's power to stamp instruments impounded.

Section 39

40. Instruments unduly stamped by accident..

Section 40

41. Endorsement of instruments on which duty has been paid under section 34, 39 or 40.

Section 34

42. Prosecution for offence against stamp law.

Section 42

43. Persons paying duty or penalty may recover same in certain cases.

Section 43

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

Section 44

45. Non-liability for loss of instruments send under section 37.

Section 37

47. Allowance for spoiled stamps.

Section 47

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

Section 49

50. Allowance for misused stamps.

Section 50

51. Allowance for spoiled or misused stamp-how to be made.

Section 51

52. Allowance for stamps not required for use.

Section 52

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

Section 53

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

Section 54

55. Power of High Court to call for further particulars as to case stated.

Section 55

56. Procedure in disposing of case stated.

Section 56

57. Statement of case by other Courts to High Court.

Section 57

58. Revision of certain decisions of Courts regarding the sufficiency of stamps.

Section 58

59. Penalty for executing, etc., instrument not duly stamped.

Section 59

60. Penalty for making false declaration on clearance list.

Section 60

61. Penalty for failure to cancel adhesive stamp.

Section 61

62. Penalty for omission to comply with provisions of section 28.

Section 28

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

Section 62B

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

Section 63

64. Institution and conduct of Prosecutions.

Section 64

65. Jurisdiction to try offences.

Section 65

66. Place of trial.

Section 66

67. Books, etc., to be open to inspection.

Section 67

69. Power to make rules relating to sale of stamps.

Section 69

70. Power to make rule generally to carry out purpose of Act.

Section 70

71. Publication of rules.

Section 71

72. Delegation of certain powers.

Section 72

73. Saving as cour.

Section 73

74. Act not applicable to rates of stamp duty on bills of exchange, etc.

Section 74

75. Act to be translated and sold cheaply.

Section 75

76. Repeal of enactments.

Section 76

2. Administration. - Bond, including a bond given under the Indian Succession Act, 1925 (XXXIX of 1925) or section 6 of the Government Saving Banks Act, 1873, (V of 1873)

Section 6

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

Section 3

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

Section 4

7. Alteration Of Articles of Association of a Company [under the Companies Act, 2013 (18 of 2013)] in consequence of increase of the company's share capital Instrument of -

Section 7

8. Alteration of Memorandum of Association of Company, [under the Companies Act, 2013 (18 of 2013)] in consequence of increase of company's share capital, Instrument of -

Section 8

9. Appointment in Execution of A Power;

Section 9

10. Appraisement or Valuation made otherwise than under an order of the Court in the course of a suit.

Section 10

11. APPRENTICESHIP - DEED, including every writing relating to the service or tuition of any apprentice, clerk or servant, placed with any master to learn any profession, trade or employment.

Section 11

12. Articles of association of a company -

Section 12

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

Section 13

15. BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea -going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

Section 15

16. CANCELLATION- Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.

Section 16

17. CERTIFICATE OF SALE -(in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or other Revenue Officer or by an officer, of Customs:-

Section 17

18. CERTIFICATE OR OTHER DOCUMENT, evidencing the right or title of the holder thereof, or any other person either to any share, scrip or stock in or any incorporated company, or other body corporate, or to become proprietor of shares, scrip or stock, in or of any such company or body.

Section 18

18B. CLEARANCE LIST, - relating to transactions for the purchase or sale of cotton submitted to the clearing house of a Cotton Association.

Section 18B

18D. CLEARANCE LIST, - relating to the transactions for the purchase or sale of oil seeds submitted to the clearing house of oil seed Association.

Section 18D

18E. CLEARANCE LIST, - relating to the transactions for the purchase or sale of yarn of any kind, non mineral oil or spices of any kind.

Section 18E

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

Section 19

21. Copy OR Extract, certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees.

Section 21

22. Counterpart Or Duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid.

Section 22

23. Customs Bond Or Excise Bond, that is to say, any bond given pursuant to the provisions of any law for the time being in force or to the directions of any officer of Customs or Excise for, or in respect of, any of the duties of Customs or Excise or for preventing frauds or evasions thereof or for any other matter or thing relating thereto. DECLARATION OF ANY TRUST, See Trust (No. 58)

Section 23

24. Delivery Order In respect of Goods, that is to say, any instrument entitling any person therein named or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, in any warehouse in which goods are stored, or deposited on rent or hire, or upon any wharf, [When such goods exceed in value one hundred rupees]

Section 24

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

Section 25

26. Exchange of Property - Instrument of -EXCISE BOND, See Customs Bond or Excise Bond (No. 23)

Section 26

28. GIFT-Instrument of not being a Settlement (No. 52) or Will or Transfer No. (56)

Section 28

29. Indemnity Bond.

Section 29

30. LEASE, including an under lease or sub-lease and any agreement to let or sublet. -

Section 30

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

Section 31

32. Letter of Guarantee.

Section 32

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

Section 33

34. Marriage Registration

Section 34

35. Memorandum of Association of A Company.

Section 35

36. Mortgage - Deed, not being an Agreement relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6), Botomry Bond (No. 15), Mortgage of a Corp (No. 37), Respondent Bond (No. 50) or Security Bond (No. 51),

Section 36

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

Section 37

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

Section 38

40. NOTE or ENTRY in records made or a LETTER written BY CREDITOR, relating to the deposit of title deeds to serve as evidence of the title to any property whatsoever (other than marketable security) where there is no agreement of memorandum of agreement relating to deposit of such title deeds.

Section 40

41. NOTE FOR PROTEST BY THE MASTER OF A SHIP - See also protest by the Master of a ship (No. 47).

Section 41

42. ORDER FOR THE PAYMENT OF MONEY not being a Bill of Exchange within the meaning of the INDIAN Stamp Act, 1899. (II of 1899.) -

Section 42

43. PARTITIONED - Instrument of as defined by section 2(m).

Section 2

44. Partnership (1) Instrument of -[up to 31-7-98]

Section 44

45. Power of Attorney - as defined by section 2(r), not being a proxy -

Section 2

46. PROTEST OF BILL, OR NOTE, that is to say, any declaration in writing made by a Notary or other person lawfully acting as such, attesting the dishonour of Bill of Exchange or promissory note.

Section 46

47. PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages, and every declaration in writing made by him against the charters or the consignees for not loading or unloading the ship when such declaration is attested or certified by a Notary or other person lawfully acting as such.

Section 47

48. Reconveyance of Mortgaged Property

Section 48

50. Respondentia Bond that is to say, any instrument securing a loan on the cargo laden or to laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination.

Section 50

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

Section 51

52. Settlement -

Section 52

53. SHARE WARRANTS to bearer issued [under the Companies Act, 2013 (18 of 2013).]

Section 53

54. Shipping ORDER for or relating to the conveyance of goods on board on any Vessel.

Section 54

55. Surrender of Lease -

Section 55

56. TRANSFER (whether with or without consideration) -

Section 56

57. TRANSFER OF LEASE by way of assignment and not by way of under lease. [or way of decree or final order passed by any civil court or any Revenue officer]

Section 57

58. TRUST -

Section 58

59. WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.

Section 59