Indian Stamp Duty (Nagaland Amendment) Act, 1989
Indian Stamp Duty (Nagaland Amendment) Act, 1989
Indian Stamp Duty (Nagaland Amendment) Act, 1989
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Nagaland.
Preamble !
~ h r c u si~. is cx,,cr)iclll LU amcnd rhc Indian Slilrnp Dury Act, i
18~);(Acl 11 o l 18'19) hhercinai~erwllcd thc Principal Act, in its
application-lo Nagiiland in ~ h cmanncr hcrcinaltcr appearing.
It is hcrchy cnac~cdin (hc Forticlb year oC I& Rcpuhlic oT India
as ,li\llrlws :
1. Short litlr, extent and commencement.
(1) This A d may hc c;illctl I hc lndian S h m p Duly (Nagaland
Arncndmcnt) At.1, 19Kq.
(2) IL shill1 cxicnd In rllc wholc Slalc of Nagaland.
(3) It shall cc~rnr:inti1 force un such datc ;IS (hc Slalc Gclvcrnmcnt
may, hy nn~ificiitk~n in 111scll'ficial gx/.clLc, iippoi~h.
2. Amendment uf Schedule I uT Aul 11 uf IHYY.
I n Schcdulc 1 to thc principal Act, thc foll~)wingshallb~:suhstituled,
namcly :
I. AC:KNOWLED(;MENT of dchr
cxcccdi~iglwcnty rupccs in rrmounl
or villuc, wri~tcnor s i ~ n c dIy or I l n
.\lchaIluf, n dchtor in crrdcr ttrsupply
evidcncc of such rlzllt in ;ray hrrtrk
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k
paisa for cvcry s. 10,000/-
or pwt thereor Cthc vdue
of rhc Security.
(c) if relating to thc purchase or
sale ol sliarcs, scriprs, stocks
bonds, dcbcnlures, dehen~urc
stocks or any other marketable
Security of a like nature in or
of any incorporated company
or other body corporate :
(i) When s ~ ~ cagree h men^ or One rupccs lor every Rs. I
mcrnorandurnof an agreement 25,001- or part thercof of
is wirh or through a mcmber
or bciween members of a
the. value ?f the Sccurily
at the time of its purchase 1
Stock-Exchange recogniscd or sale, as the case may
undcr ~ l i cSecurities Contracts be.
(Regulation) Act, 1956.
i
I
Description of Instrument I
Exern pt ion s
(a) Appraisemcnt or valuation
made for tbe ibformatinn nf
onc party only and not being
in my mailner oblignlory bc-
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Exemptions
instruments of apprenticeshipex-
ccuted by a Magistrate under the
apprentiw ACI, 1961, or by which
a person is apprenticed by or at the
charge of my public charity.
10. ARTICLES OF ASSC)CIATION
OF A COMPANY
(a) Where Lhe company has no Sixty-one rupees ninty
- share capi~al or the normal paise,
- hharc capital does not excced
Rs. &SOU/-
(b) \ithere the nominal share api- Eighty two rupees fifty
la1 exceeds Rs.2,5001- but does paise.
nut exceed Rs. 5,OLW-
(c) Where thc nominal share capi- One hundred twenty three
[al exceeds Rs.5,5001- bul does rupees seventy five paisc.
n d excccds 1,00.000
(d) Whcrc thc nominal share a p i - Two hundred Forty scvcn
lal cxcccds Rs. 1,00,0001- rupees fifty paise.
Exemptions
Articlcs of any association not
formed for prohi and regislered
under scctioo.25 of rhe Companies
Act, 1356, Scc also Memorandum
tlf Aasnciation r l i a Company (No.
39)
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-
ASSlCiNMENT Sec conveyanct
(No.23) transfcr (No.62) and trans:
fer of ]case (No. 63) as thc .case
may be.
ATTORNEY -See adoption-deed
(No. 3 )
17. AWARD-Thal is Lo say, decision The samc duly as a Bond
in *iting by an arbitralor or um- (No. 15) Tor rhc anlout
pier, not being an award Jirccling or value of the propcrly
a putilion, on a reference made towhich the award relates,
oaerwise than by an ordcr oI the as set forch in such award
court in !he coursc of a suit. subject to a maximum of
one hundred twenty lhrce
rupees seventy five paisc.
15. BOND (as dcfincd by section 2 (5) Forty five paisc
not being a DEBENTURE (No.
27) and not being otherwise
providcd for by this Act, or by lh::
-Couri feu Act, 1870- Where lhr:
amount or vatuc, securcd docs not
exceed Rs. 101-
Where i s excceds Rs. 101- rind Eighty-~wnpaise
does not excecd Rs.50) -
Whcrc il exceeds Rs. 50/- and One Rupee sixty five paisa
docs not exceed Rs. loo/-
Where it exceeds Rs. 1001- and Four rupees and Len paise
does not exceed Rs.2001 -
Description or Instrument Proper SLarnp Duty Six
Exemptions
I
Assignment of copyrighl undcr he
lndian Copyright Acr, 1957.
COIPARTNERSHIP-DEED -
Scr: Parlncrship (No. 46)
r
23. COPY OR EXTRACT
Cerlified ru bc true ctqjy nr extracl
hy or clrdcr o i any puhlir: \~Cliccr
iulrl llur c11argc;iblc undcr the law
for tlic t i m ~hsi~igill itorcc rclaling
I L I u 1 t 1 r 1 - f :~-
~~
(i) il' rhv origillal was nu1 chnrgc- Twtl rupzc\ and Lil'ty pnisl:
ablc wXh duty wilh which it
was chargzahlc does not ex-
cccd unc rupcc;
(ii) iu ;111y ijtllcr case 1101 fillling Four rullws and ninety -
Es2mptions
(a) Copy of any paper which a
public omccr is cxpressly rc-
quired by law LO make or fur-
nish Tor record-in any public
offict or for any public pur-
pose.
(b) Copy cf, or extracl from any
register relating to birlhs, bap-
tisms, naming, dcdicatipns,
marriages, divorces, deat bs or
burials.
24. COUNTERPART OR DUPLJ-
CATE af any instrument chargeable
with duty and in respect of which
he proper duty bas been paid :-
(a) if rhe duty with which the The' same duty as ~spay-
original instrument is charge- able nn the original.
able does not exceed two
rupees;
(b) in any other wsc not falling Four rupces and njnrly
of scc-
within the ~~rovisiclns five paise
tion 6-A
Exemptions
Counlcrpart of any lease granted
10 a cuhivator whcn such lease is
exernptcd from duty
25. Customs Bond : -
(a) where the amount does not The s w c duty as a Board
exceed Rs. 1,0001- (No. 15) for such amount
(b) In any other casc Thirty thrcc rupccs Forty
paisc
26.DELIVERY ORDER IN
RESPECT OF GOODS, chat is to
say, any instrument enlitling any
pcrson lhercin namcd. or his assi~ns
or the holder thercof, to 111edelivery
of any gilnds lying in any dock or
phcr, or in ;111y~V;\V;)JZ~OUSL'
in 11,Jlir11
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Exemption
~crnorandumof anyassocialionno1
lorrncd b r profil and regis(crcd
und& Sccijr,n 25 of rhr: Cornpanics
A c l 1M.S.
40. MIIRTGAGE DEED, no1 belng
an A~rccmentrclating lo Dcposil
or Title-decds,Pawn or Pledge (No.
6 ) . Bullomry BunJ (No. 16).
Mur~gugc u l a Crup (No. 41)
Rcspondentia Bond (No. 56), or
Security Bond {No.Sf)-
(a) whcn po~~ession OC h e propcr- Thc same duly as a Con-
Ly or any par1 of lhc property veyance (No.23) for a mn-
compriscdi nsuch dccd isgivcn sidcration cqual l o ~ h c
hy thc nlorlgagor or agrccd tcb irnuunt sccurcd by shch
bc givcn; dced..
(b) when possession ollhc propcr- The samc duly as a Bond
ty comprised in such dccd is (No. 15) for thc amount
nut givcn by thc mortgagor nor sccured hy such dccd.
ngrccd lo hc given;
EXPLANATION : - A murlgagcc
a whu givcs LO ~ h crnortga~cd;I
~"'wcr-cd-iitturncy L I ~ collect rchh
~va Ic;~sc of rhc prapcrly murlgned
ur p i ~ r11icrcoT
~ iri Jccnicd lu give
wilhin lllc nlcining of
~~ussscssitr~~
his rrrliclc;
(GI (i)whcnilcolldcralnrauxi~iry Two rupccs and fihy paise.
or addiliond or subs(itutcd
security, or by way u l further
asurancr: rrlr ~ h abwe c man-
lioncrl Ilurpilsc whcrc lhc prin-
cip;~lclr prirnlrrysccuri~yisduly
SI~IIII~>CJCr\r cvcrysu~lisccurc J
no1 c x c c c r l i ~ Rs.
l ~ 1 J100;
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(u) and for every Rs. 1,000or part Three rupees.
thereol secured in cxcess of
Rupccs 1,000'
Exemptions
(1) Instrumcnls executed by per-
sons taking advances under the
Land ~ m ~ ~ o v e m e o t ~~o ca nr s,
1883, or the Agriculturtsts'
Loans Act, 1884, or by their
sureties as security for the
repaymenl of such advance.
(2) Letter OF hypothecation ac-
companying a bill of exchange.
41. MORTGAGE OF A CROP,' in-
cluding any insrrumcnt evidencing
an agreement LO secure the repay-
ment of a loan made upon my
mortgagc of a crop, whether the
crop is or is not in existence at the
time of tllc mortgage.
(a) when the loan is repayable not Forty-five paise
more than three months Erom
the date of the iwtrwent-
for every sum secured not ex-
ceeding Rs.200;and for every
Rs. ZOO, or part thereofsecured
in excess of Rs. 200.
(b) when the loan i5 repayable Sivty paise.
more than three months, but
not more than eightecn months
from the date of iwlrument -
lor every sum secured not ex- Seven~ypaise.
ceeding Rs. 100; and
for every Rs.100,or part there Seventy paise.
uf secured in excess of Rs 100.
4 2 NOTARIAL ACT, that is to say,
any inslrument, endorment, note,
attestation, certikate, or enVy not,
behg a PROTEST (No. 50 made
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or signed by a Notary Public in thc
cwculion of llic dutics of his oflice
or by any thcr person lawfully ac-
ting as'a 7.4 otary Public. Fee also
Protest of Bill or Note (No.50). Four rupees and ninc~y-
five paise.
43. NOTE OR MEMORANDUM,
sent by a Broker or Agent to his
principal intimating the purchase
or sale on account of such prim-
cipal-
(a) ofany goo& exceeding in value Eighty paise.
twenty rupees;
(b) of any stock or marketable Ninety paise for every Rs.
security excceding in value 5,000 or part thercof or
hvcnty rupccs. the value of the stock as
securily subject to a m u -
imum o l forty-ninc
rupees and Eiy paise.
14.NnTE OF PROTEST BY THE Three rupees and thirty
MASTER OF A S H I P - paise.
Sce also Prolesr by the Master of
a Ship (No. 51)
ORDER FOR THE PAYMEW
OF MONEY See Bill of exchange
(No. 13).
45. PARTITION - 1nstrurncnt or (as .The same duly as a Bond
defmed by scc~ion2 (15). (No. 15) for the amount
of t h e value o f the
scparated share or sharcs
of the property.
N.B. -The largest ,share
remaining a f t e r Ihe
property is partirioned (or
if there are rwo or more
sharts of equal valuc and
not smaller (ban any of
the other share, then onc
of such equal sharc5) shdl
LC deemcd to bc that frum
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which ;be other shares are
separated;
~roGdedalways that- .
(a) when an instrumcot of
partirion containing an
agrccmcnt t o divide
property in severally is ex-
ecuted and a partition is
elfecrcd in pursuance of
such ageamen[, thc duly
chargeable upon the in-
strument effecting such
partidan shall be reduced
by thc amount of duty paid
in rcspect of the first in-
slrurnenl, hut shall no1 he
less rhan. Two rupces and
twenty paise.
(b) where land is held on
selrlemenr fora period no1
exceeding (hirty ycars and
paying rhe full amcsmcnt
[he value for thc purpusc
uC duty shall he calculated
at not more than five ~ i m q
the annual revenue;
(c) where a final ordcr for
crfecting a partition
passed by any Revenue
authori~y o r any Civil
Court, or an award by an
arbitrator directing a par- .
tition, is stamped wizh thc
slamp requird Tor an in-
slrumeni of partition and
an inslrumenlo i parti~iun
in pursuance of such order
or award is suhsequcnlly
cx~curcdihe dury on such
inslrumcnl shall nal cx-
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Exemptions
Bond or othe instrument, when ex-
~ -
e c td
(a) by headmen nominated undcr
rules framcd in accordance
with thc Bcngal Irrigation Act.
1876, Section 99, for [he dud
performance of thcir dutics
,under that Act; '
(b) by any pcrson for t hc purpose
oC guaranteeing that thc local
incomc d c r i v d from privatc
subscriptions Lo a charitable
dispensary or hospital, or any
olhcr objcci of public utility,
shall not he lcss than a
specified sum pcr mcnscm;
(u) under Ntl. 3-A r ~ tltc f ruIu
niadc by the tiovcrnmcn~c~f
Burnbay in Council, undcr Scc.
licln M of the Bombay Irriga-
Lii~nAcl, 1X72;
(J) cxwulcrl l)y pcrstlns laking ud-
villlccs undcr Ihc L ~ n d1111-
L m n s Act, IKH3,
pr~wc~ucnl
or ~hc:Agriculturisls Lr~ans
ACI, IW, ur by lhcir surc(ics,
iI!i sccllrCly Tor Ihc rcpaymclll.
( ~such
i i~~Iv;~i~ccs;
( c ) cxccu[cd hy clfficcrs nl' (;crvl.
trr lhcir surclics 11, sccurc rllu
rluc cxccuticlns nf ;HI oCfi~c,or
ilic dul: i ~ u w oi~bg
~ l rrlr mtrncy
IN {hltcr ( t r o ( ~ c r liyc c ~ i v ~Iry
il
vir~uc:EI~c~wC,
.EM I'N'T -
58.SI ;.?TI
A. I n s ~ r u u ~of
~ .(inclurling
~~t ;I Thc: s;unr: duty ils a Clon-
clccd uT ~lriwcr) vcyilncc (No.27)Cr~ra sun)
cqud ((1 thc arnrlull1 or
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Exemptions
(a)Dccd of dower exccutcd on the
occasion d a marriage belwccn
Muhamadans :
(h) Hludassa, rhar is lo say, any seltlc-
men1 of immovable properly cx-
ecutcd by a Buddhis~in Burma for
a religious purpose in which na
valuc has hecn specificd and on
which duty id Rs.10 has bccn.paid.--
8. Revoca~ionul- Thc same duly as a Con-
veyancr, (No.23) lor a sum
equal to the amount or
vdue of the propcrly con-
cerned, as set Forth in ihc
inslrumcni ol Revadion,
bul not uxcceding furiy-
one rupees and twcnly-
paise.
See also Trust (No.64)
59.SHARE WARRANTS, to bcarer Clnoand-a-half times the
issued under the C:nrnpanies Act, duty pitphle an a Con-
!'I56 veyance (No.23) for a am-
sidcrarion equal to Iht:
nominal amount of thc
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follows-
(I) This Act may be called the Indian Stamps (Nagaland Sec-
ond Amendment) Act, 1999.
(iii) It shall come into force on such date as the Stale Govern-
ment may, by No~ificationin the Official Gazene, appoint.
SCHEDULE - I
Description of li~strat~~etzt
I. Acknowledgementofadebtex-
ceeding twenly rupees in arnotlnl
or valuc, winiLLenor signed by, or
on behalf of, a debror in ordcr to
supply evidence ofsuch debt in any
book (alher than a bankcrs' pass-
book) or on a scparale piece of
paper when such book or paper is Rs. 1-00
left in the creditor's possession:
provided that such
acknowledgement does not con-
, rain ;my promise to pay thc debt
or any stipulation to pay interesl.or
to delivcr any goods o~~otbcr prop-
erly.
2. Administration-bond,including a
bond givcn under Sec. 256 of the
Tndian Succession Act, 1865 (10
of 1865); S e c . 6 o f the
Governmenr Savings Bank Act,
1873 (5 of 1873); Sec. 78 of the
Probate and Administration Act,
1881 (5 of 1881); or Sec. 9 or
Src. 10 o f the Succession
Cerrific:ite Acr. 1889 (7 of 1889):
( 42 1
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(a) where the amount does not exceed The same duty as a bond duty
Rs. 1000; No. 15 for such arnoun t.
Advocate
4. Affidavit,incIudngan~m;ltionor
declaration in the case of persons
Rs. 201-
by the law allowed to affirm or
declare instead of swearing.
(c) forthesolepupseofena~lingany
person to receive any pension or
charitable allowance.
Descripriorl of l~~srnmlent ,
Exenrptio~r
Agreement or memorandum of
a,greemcnt-
it] eseur~tiorr01'cr
/Ippoitrn~~errr
polvet; whether of trustees or of
property, movczlble or
immoveable, wherc made by any
wlriling not being zl W111.
Pxc~~~pli~~rs
Appraisemcnr orvaluntion made
of one party
for the inFu~*mation
only, ilnd nut being in any manner
obljgalory bcwccn parties eidleinby
agreement or operalion of law.
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Instrumenrs of apprenticeship
executed by a Magistr~teunder the
Apprenrices Act, 1850 (19 of
18501, or by which a person is
apprenticed by or ar the charge of
any public charity.
Esct~~pfio~z
Alhticleof any Associnrion not
formed for profit and rcgistered
under Scc. 26 of the Indian
Companies Act, 1882 (6 of 1882).
!
13. Award, [hat is to say, any decision Thc same duty as aBond (No.
in writing by an arbilrator or 15) for the amount or value
u m p i r c , not being an award of the property to which the
directing a pani tion, on a reference award rclatcs, as set forth in
made otherwise than by an order such awardsubjcct toa maxi-
orthe Court in thecou~seoPa suir- mum of Two hundred fifiy
rupees.
13. Bond(usdeiinedbySec. 2 ( 5 ) )
not being a Dcbcnture (No. 27)
and not being otl~e~\vise
provided
for thc Cou~t-fccsAct, 1870 (7 of
1870).
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E,I-er~~piiot
Is
16. Bottomry Bond, that is to say, any The same duty as aBond (No.
inslrumenr whereby the master of 15) for thc sarnc arnoun t.
a sea-going dlip b o ~ ~ o w money
s
on the security of thc ship to enable
h i m to preserve i h c ship or
prosecure her vtlyase.
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(a) if the duty which the original The same duty as is payable
instrument is chargeabIe does not on theoriginal
exceed rupee one;
Exenrp fiotz
Counterpm of any lease granted
to acultivator when such lease i s
exempted from duty.
26. Customs-Bonds-
(a) wherebysuchl~therentisfixed
and no premium is paid or
delivered -
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( ~ where
i ihe iease does not purport The same duty as a
to k for any definite term; conveyance (No. 23) for a
c o n s i b t i 4 e q d to three
t h s the amount or vdue of
theaveragemual rent which
would be paid or delivered
for the first ten years if lhe
lease continued so Iong.
E-renlpfio~r
Memorandum of any association
not formed for profit and registered
under Sec. 25 of the Indian
Companies Act. 1956.
40. Mortgage-deed:- Not being an
agreement relating to deposit of
title-deeds,pawn or pledge (No.
6 ) , bottomry bond (No. 16),
mortgage of a corp (No.411,
respondentiu Bond (No. 561, or
security bond (No. 57)-
(61 1
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(b) of any stock or marketable security Two rupees for every Rs.
exceeding in value twenty rupees. 5,000or part thereof of the
value of the stock u securjty .,
'
A. Instrument of -
B. Dissolution of -
(d) whm~ngnotmorethmfive
persons to actjointly andsevcrally
in more than one transaction or
m
y
1-,
(el *- - - grnmehfivebur
not mom than ten persons to act Rs. 1001-
joinrly and~vemllyin more than
onc mmction or generally,
fiemptions :
Receipt-
a) endorsed on or contained in any
instrument duIy stamped (or any
instrument exempted) under the
proviso to Sec. 3 (instrument
executed on behalf of the Govt.)
(orany cheque or biIl of exchange
payable on demand)
acknowledgingthe receipt of h e
consideration-money thcrein
expressed of the rcccipt of any
principal-money, interest or mnui ty
secured;
(a) when the amount s e c d does not The samr:duty asa Bond (No.
exceed Rs. 1000; 15) for the amount secumd.
Exemprions
Bond or other instrument, when
executed
58. Settlement-
Esenlplion
Surrender of lease, when such
lease is cxcmpted from duty.
Exemption
Transferof any Iease exempt from
duty.
64. Trust-
A. Declaration of- of, or concerning, The same duty as a Bond
any property when made by any (No. 15) for a sum equal to
written notbeing a will. the amount or value of the
property concerned, as set
forth in Iheinshment, but nd
e x d i n g Rs.801-
B. Revocation of - of, orconceming, The same as a Bond vo.15)
any property when made by any '
fwasumqual to theamount
instsument other than a will. or value of the poperty
See also Settlement (No. 58)
concerned, as set forth in the
instrument,but not e x d n g
Valuation See Appnisement (No.
Rs.801-
8)
VakiI Seehtry asaVakil (No. 30)
i
Act
to further amend the Indian Stamp Act, 1899 (Act No.11 of
1899) in its application to NagaIand.
Be it enacted in the Fifty-fifth year of the Republic of India as
folbws:
Amendment of Section 10
2. In the Indian Stamp Act, 1899 (Act N0.H of is%),for existing
Section 10,the following may be substituted, namely:
"10(1)Except as otherwise e x p ~ s s l yprovided in [his Act, all
duties with which any instruments are chargeable shall ke paid, and
such payment shall be indicated on such instruments, by means of
stamps-
(a) accordingto the provisions herein contained; or
(b) when no such provision is applicable thereto, as the
Government may by rule b t .
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