GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

BOMBAY ACT No. LX OF 1958.

THE MAHARASHTRA STAMP ACT.

[ As modified upto the 5th December 2018. ]

V

PRINTED IN INDIA BY THE GOVERNMENT CENTRAL PRESS, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING STATIONERY
AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2018

[Price : Rs. 128.00]

THE MAHARASHTRA STAMP ACT.

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I

PRELIMINARY

1.

2.

3.

4.

5.

6.

7.

8.

9.

Short  title,  extent  and  commencement.

Definitions.

CHAPTER  II

STAMP DUTIES

(A) Of the Liability of Instruments to Duty

Instruments  chargeable  with  duty.

Several  instruments  used  in  single  transaction  of  development  agreement,  sale,  lease,
mortgage  or  settlement.

Instruments  relating  to  several  distinct  matters.

Instruments  coming  within  several  descriptions  in  Schedule-I.

Payment  of higher  duty  in  respect of  certain  instruments.

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

Power  to  reduce,  remit  or  compound  duties.

(B) Of Stamps and mode of using them

10. Duties how to be paid.

10A. Duties to be paid in cash, by demand draft or by pay order by Government Controlled

bodies,  Insurance  Companies  and  Banks.

10B Stock exchange, etc., to deduct stamp duty from trading member’s account.

10C. Duties to be paid in cash, or by demand draft or by pay order by notary.

10D. Certain  Departments,  Organisations,  Institutions,  etc.,  to  ensure  payment  of  stamp

duty.

11. Use of adhesive stamps.

12. Cancellation  of  adhesive  stamps.

13.

Instruments  stamped  with  impressed  stamps  how  to  be  written.

14. Only one instrument to be on same stamp.

14A. Alterations  in  instruments  how  to  be  charged.

15.

Instruments written contrary to section 13, 14 or 14A deemed not duly stamped.

16. Denoting  duty.

H 2351—1

(ii)

SECTIONS.

Maharashtra  Stamp  Act

[1958 : Bom.  LX

17.

18.

19.

(C) Of the time of stamping Instruments

Instruments  executed  in  State.

Instruments  executed  out  of  State.

Payment  of  duty  on  certain  instruments  or  copies  thereof    liable  to  be  increased  duty
in Maharashtra State.

(D) Of  Valuations for  Duty

20. Conversion  of  amount  expressed  in  foreign  currencies.

21.

Stock  and marketable  securities  how  to be  valued.

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

23.

Instruments  reserving  interest.

24. Certain instruments connected with mortgage of marketable securities to be chargeable

as  agreement.

25. How transfers in consideration of debt or subject to future payments, etc., to be charged.

26. Valuation in case of annuity, etc.

27.

28.

Stamp  where value  of subject  matter is  indeterminate.

Facts affecting duty to be set forth in instrument.

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

(E) Duty by whom payable

30. Duties by whom payable.

30A Duties  payable  by  financial  institution.

CHAPTER  III

ADJUDICATION AS TO STAMPS

31. Adjudication  as  to  proper  stamps.

32. Certificate  by  Collector.

32A Instrument  of  conveyance,  etc.  undervalued  how  to  be  dealt  with.

32B. Appeal.

32C. Revision.

CHAPTER  IV

INSTRUMENTS NOT DULY STAMPED

33. Examination  and  impounding  of  instruments.

33A. Impounding  of  Instruments  after  registration.

34.

Instruments  not  duly  stamped  inadmissible  in  evidence,  etc.

35. Admission  of  instrument  where  not  to  be  questioned.

36. Admission  of  improperly  stamped  instruments.

37.

Instruments  impounded  how  dealt  with.

38. Deleted

39. Collector's  power  to  stamp  instruments  impounded.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

(iii)

SECTIONS.

40.

Instruments  unduly  stamped  by  accident.

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

42.

43.

44.

Prosecution  for  offence  against  stamp  law.

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

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

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

46. Recovery  of  duties  and  penalties.s.

CHAPTER  V

ALLOWANCES FOR STAMPS IN CERTAIN CASES

47. Allowance  for  spoiled  stamps.

48. Application  for  relief  under  section  47  when  to  be  made.

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

50. Allowance  for  misused  stamps.

51. Allowance  for  spoiled  or  misused stamps  how  to  be  made.

52. Allowance  for  stamps  not  required  for  use.

52A. Allowances  for  duty.

52B. Invalidation of Stamps and Saving.

CHAPTER  VI

REFERENCE, REVISION AND APPEAL

53. Control  of  and  Statement  of  Case  to  Chief  Controlling  Revenue  Authority.

53A. Revision  of  Collector's  decision  under sections  32,  39  and  41.

54.

55.

56.

57.

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

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

Procedure  in  disposing  of  case  stated.

Statement of case by other Courts to High Court.

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

CHAPTER  VII

OFFENCE AND PROCEDURE

59.

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

59A No  prosecution  under  section  59  if  instrument  admitted  by  Court.

60.

61.

62.

63.

Penalty  for  making  false  declaration  on  clearance  list.

Penalty  for  failure  to  cancel  adhesive  stamp.

Penalty  for  omission  to  comply  with  provisions  of  section  28.

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

63A Non-remittance  of  stamp  duty  within  prescribed  time  to  be  offence.

H 2351—1a

(iv)

SECTIONS.

Maharashtra  Stamp  Act

[1958 : Bom.  LX

64.

Institution  and  conduct  of  prosecutions.

65. Deleted.

66.

Place  of  trial.

CHAPTER  VIII

SUPPLEMENTAL PROVISIONS

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

67A. Obligation  to  furnish  information.

68.

Power   to inspect  and call  for information.

68A. Prevention  or  obstruction  of  an officer  to  be  an  offence.

69.

Power  to  make  rules.

70. Rounding off fractions in duty payable or allowance to be made.

71. Deleted.

72. Delegation  of  certain  powers.

73.

Saving  as  Court-fees.

73A. Deleted.

73B. Deleted.

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

75. Act to be translated and sold cheaply.

76. Repeal  of  enactments.

SCHEDULE I.

SCHEDULE II.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

1

BOMBAY ACT No. LX OF 19581
[THE MAHARASHTRA STAMP ACT.]

[This  Act  received  the  assent  of  the  President  on  4th  June  1958 ;  and
assent  was  first  published  in  the Bombay  Government  Gazette,  Part  IV,  on
the 11th June 1958].

Amended by Bom. 95 of 1958.
Adapted  and  modified  by  the  Maharashtra  Adaptation  of  Laws  (State

and Concurrent  Subjects) Order,  1960.
Amended by Mah. 10 of 1960.
31 of 1962.
10 of 1965.
29 of 1972.
13 of 1974 (1-5-1974).*
16 of 1979 (4-7-1980).*
27 of 1985 (10-12-1985).*
9 of 1988.
27 of 1988 @ (29-8-1988).*
1 of 1989 (6-1-1989).*
18 of 1989 (1-12-1989).*
9 of 1990 †(7-2-1990).*
17 of 1993 (1-5-1993).*
20 of 1994 @@(28-2-1994).*
29 of 1994 (1-5-1994).*
38 of 1994 (17-8-1994).*
12 of 1995 $(8-6-1995).*
16 of 1995 (1-9-1995).*
9 of 1997 $$(15-9-1996).*
30 of 1997 $$$(15-5-1997).*

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*

@

†

For Statement of Objects and Reasons, See Bombay Government Gazette, 1958, Extra. Part
V, p. 122.

This indicates the date of commencement of the Act.

Maharashtra Ordinance No. 6 of 1988 was repealed by Mah. 27 of 1988, s. 3(1).

Maharashtra Ordinance No. 2 of 1990 was repealed by Mah. 9 of 1990, s. 4(1).

@@ Maharashtra Ordinance No. 5 of 1994 was repealed by Mah. 20 of 1994, s. 4.

$

Maharashtra Ordinance No. 8 of 1995 was repealed by Mah. 12 of 1995, s. 15.

$$ Maharashtra Ordinance No. 12 of 1995 was repealed by Mah. 9 of 1997, s. 48.

$$$ Section 9 of Mah. 30 of 1997 reads as under :—

“9. (1) Notwithstanding anything contained in any judgement, decree or order of any
court to the contrary or in the Stamp Act, stamp duty assessed, levied and collected including
any action taken in pursuance of such assessment, levy and collection by the authorities
under the said Act, acting or purporting to act under the provisions of article 25 in the
Schedule I to the Stamp Act shall be deemed to have been validly levied and collected in
accordance with law as if the provisions of the said article 25, as amended by the Maharashtra
Tax Laws (Levy, Amendment and Validation) Act, 1997, had been continuously in force at
all material time and accordingly,—

(a) all actions, proceedings or things done or taken by the authorities under the
Stamp Act in connection with the levy and collection of the stamp duty shall for all
purposes, be deemed to have been done or taken in accordance with the provisions of
the said Act ;

Mah.
XXX  of
1997.

Validation  of
duty levied and
collected.

2

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Amended by Mah. 21 of 1998 @ (1-5-1998).*

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1 of 2002 (1-1-2000).*
22 of 2001 (1 -5-2001)*
20 of 2002 (1-5-2002).*
8 of 2003 (29-3-2003).*
10 of 2003 @@ (3-2-2003).*
16 of 2003 ‡(1-5-2003).
13 of 2004, Sec. 1(29-6-2004).*
                    Sec. 2 to 6 (1-7-2004)*
32 of 2005 @@@ (7-5-2005)*
12 of 2006 ‡‡(1-5-2006)
16 of 2008 *@@(5-6-2008)
17 of 2009
5 of 2010
15 of 2011 (16-9-2011)*
41 of 2011 ‡‡‡(28-11-2011)*
8 of 2012.
24 of 2012 (22-8-2012)*
8 of 2013 £(1-5-2013)*
27 of 2014 (1-7-2014)*
20 of 2015 (24-4-2015)*
18 of 2016 (29-4-2016)*
47 of 2017 (19-8-2017)*
59 of 2017 (7-9-2017)*
5 of 2018@@@ (15-12-2016)*

An Act to consolidate and amend the law relating to stamps and

stamp duties in the State of Bombay.

WHEREAS it is expedient to consolidate and amend the law relating to
stamps  and  rates  of  stamp  duties  other  than  those  in  respect  of  document
specified in entry 91 of List I in the Seventh Schedule to the Constitution of
India in the State of Bombay ; It is hereby enacted in the Ninth Year of the
Republic of India as follows :—

(b) no suit or other proceedings shall be maintainable or continued in any court,
against the said authorities for the refund of the stamp duty so levied and collected ;
(c) no court or any other authority shall enforce any decree or order directing the

refund of the stamp duty so levied or collected.
(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall

be construed as preventing a person,—

(a)  from  questioning  in  accordance  with  the  provisions  of  the  Stamp  Act  as
amended by this Amendment Act, any assessment, re-assessment, levy or collection
of stamp duty referred to in sub-section (1), or

(b) from claiming refund to any stamp duty paid by him under the Stamp Act, in
excess  of  the  amount  due  from  him  by  way  of  stamp  duty  under  the  said  Act,  as
amended by this Amendment Act.”.
This indicates the date of enforcement of Act.
Maharashtra Ordinance No. 6 of 1998 was repealed by Mah. 21 of 1998, s. 30.
Mah.  Act  16  of  2003  came  into  force  with  effect  from  1st  May  2003, vide  Maharashtra
Government Gazette, Part IV-B, p. 105.

*
@
‡

@@ Maharashtra Ordinance No. 1 of 2003 was repealed by Mah. X of 2003, s.4.
@@@ Maharashtra Ordinance No. 2 of 2005 was repealed by Mah. XXXII of 2005, s.6.
‡‡ Mah.  Act  12  of  2006  came  into  force  with  effect  from  1st  May  2006, vide  Maharashtra

Government Gazette, Part IV-B (Extra.), dated 2nd May 2006, p. 667.

*@@ This Act come into force w.e.f. 5th June 2008 vide, G. N., R & F.D., No. Mudrank 2007/2797/

CR.434/M-1, dated 31st May 2008.

‡‡‡ Maharashtra Ordinance No. XXII of 2011 was repealed by Mah. 41 of 2011, s. 5..
£

Mah. Act 8 of 2013 came into force with effect from 1st May 2013 vide G. N., F.D., No. VAT
15B/C. R. 57/Taxation-1, dated the 25th April 2013.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

4.

(1) Notwithstanding anything contained in any judgement, decree or order of any court
to the contrary or in the principal Act, stamp duty assessed, levied and collected, including any
action taken in pursuance of such assessment, levy and collection by the authorities under the
said Act, acting or purporting to act under the provisions of article 25 in the Schedule I to the
principal Act shall be deemed to have been validly levided and collected in accordance with law as
if the provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and
Validation) Act, 2017 (hereinafter in this section referred to as “ the Amendment Act ”) had been
continuously in force at all material time and accordingly,—

Mah. V
of 2018.

3

Validation.

(a) all actions, proceedings or things done or taken by the authorities under the principal
Act in connection with the levy and collection of the stamp duty shall for all purposes, be
deemed to have been done or taken in accordance with the provisions of the said Act ;

(b)  no  suit  or  other  proceedings  shall  be  maintainable  or  continued  in  any  court,

against the said authorities for the refund of the stamp duty so levied and collected ;

(c) no court or any other authority shall enforce any decree or order directing the refund

of the stamp duty so levide or collected.

(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be

construed as preventing a person,—

(a) from questioning in accordance with the provisions of the principal Act as amended
by the Amendment Act, any assessment, reassessment, levy or collection of stamp duty
referred to in sub-section (1), or

(b) from claiming refund of any stamp duty paid by him under the principal Act, in
excess of the amount due from him by way of stamp duty under the principal Act, as amended
by the Amendment Act.

4

Maharashtra  Stamp  Act

[1958 : Bom.  LX

CHAPTER  I

PRELIMINARY

Short title,
extent and
commence-
ment.

Definitions.

1. (1) This Act may be called the 1[the Maharashtra Stamp Act].

(2) It extends to the whole of the 2[State of Maharashtra].

(3) It shall come into force on such date 3as the State Government may,

by  notification  in  the Official  Gazette,  direct.

2.
context,—

In  this  Act,  unless  there  is  anything  repugnant  in  the  subject  or

4[(aa) “Additional Controller of Stamps, Mumbai” means the officer
or officers so designated by the State Government and includes any other
officer  whom the  State Government  may,  by notification  in the Official
Gazette, appoint in  this behalf ;]

(a) “ association ”  means  any  association,  exchange,  organisation
or  body  of  individuals,  whether  incorporated  or  not,  established  for  the
purpose  of  regulating  and  controlling  business  of  the  sale  or  purchase
of, or other transaction relating to, any goods or marketable securities ;

5[(b) “ banker ”  means  an  association,  a  company  or  a  person  who
accepts,  for  the  purpose  of  lending  or  investment,  deposits  of  money
from  the  public,  repayable  on  demand  or  otherwise  and  withdrawable
by  cheque,  draft, order  or  otherwise  ;].

(c) “ bond ”  includes,—

(i) any  instrument  whereby  a  person  obliges  himself  to  pay
money  to  another,  on  condition  that  obligation  shall  be  void  if  a
specified act is performed, or is not performed, as the case may be ;

(ii) any  instrument  attested  by  a  witness  and  not  payable  to
order  or bearer,  whereby  a  person obliges  himself  to  pay money  to
another ;  and

(iii) any  instrument  so  attested  whereby  a  person,  obliges
himself  to  deliver  grain  or  other  agricultural  produce  to  another  ;

6[Explanation.—Notwithstanding anything contained in any law for
the  time  being  in  force,  for  the  purposes  of  this  clause,  "attested",  in
relation to an instrument, means attested by one or more witnesses each
of whom has seen the executant sign or affix his mark to the instrument,
or has seen some other person sign the instrument in the presence and
by  the  direction  of  the  executant,  or  has  received  from  the  executant  a
personal  acknowledgment  of  his  signature  or  mark  or  of  the  signature
of such other person, and each of whom has signed the instrument in the
presence of the executant ; but it shall not be necessary that more than
one of such witnesses shall have been present at the same time, and no
particular  form  of  attestation  shall  be  necessary ;]

1 The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. entry

67, w.e.f. 1st May 1960.

2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption

of Laws (State and Concurrent Subjects) Order, 1960.

3 This  Act  came  into  force  w.e.f.  16th  February  1959, vide G.N.,  R.D.,  No.  STP.  1507  IR,

dated 4-2-1959, B.G.G., Part IV-B, p. 191.

4 Clause (aa) was inserted by Mah. 20 of 2015, s. 2.
5 Clause (b) was substituted for the original by Mah. 27 of 1985, s. 2(a).
6 This Explanation was added Mah. 27 of 1985, s. 2(b).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

5

(d) “ chargeable ”  means,  as  applied  to  an  instrument  executed  or
first  executed  after  the  commencement  of  this  Act,  chargeable  under
this Act and as applied to any other instruments, chargeable under the
law in force in the State when such instrument was executed or, where
several  persons  executed  the  instrument  at  different  times,  first
executed  ;

1[(dd) “ Chief  Controlling  Revenue  Authority ”  means  such  officer
as  the  State  Government  may,  by  notification  in  the Official  Gazette,
appoint  in  this  behalf  for  the  whole  or  any  part  of  the 2[State  of
Maharashtra];]

(e) “ clearance list ” means a list of transactions relating to contracts
required  to  be  submitted  to  the  clearing  house  of  an  association  in
accordance with  the rules  or bye-laws  of the  association :

Provided  that no  instrument  shall,  for the  purposes  of  this Act,  be
deemed to be a clearance list unless it contains the following declaration
signed  by  the  person  dealing  in  such  transaction  or  on  his  behalf  by  a
properly  constituted  attorney,  namely  :—

“ I/We  hereby  solemnly  declare  that  the  above  list  contains  a
complete  and  true  statement  of  my/our  transactions 3[including
crossed out transactions and transactions required to be submitted
to  the  clearing  house  in  accordance  with  the  rules/bye-laws  of  the
association].  I/We  further declare  that  no  transaction for  which  an
exemption is claimed under Article 5 or Article 43 in Schedule I to
*the Bombay Stamp Act, 1958, as the case may be, is omitted. ”.

Explanation.—Transaction for the purpose for this clause shall

include  both  sale  and  purchase ;

Bom LX
of  1958.

*

*

(f) “ Collector ”  means 4*

  the  Chief  Officer
in  charge  of  the  revenue  administration  of  a  district,  and  includes  any
officer  whom the  State Government  may,  by notification  in the Official
Gazette, appoint in this behalf ; 5[and on whom any or all the powers of
the  Collector  under  this  Act  are  conferred  by  the  same  notification  or
any  other  like  notification  ;]

*

*

6[(g) “ Conveyance ”  includes,—

(i) a  conveyance  on  sale,

(ii) every  instrument, 7*

(iii) every  decree  or  final  order  of  any  Civil  Court,

1 Clause (dd) was inserted by Bom. 95 of 1958, s. 2.
2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption

of Laws (State and Concurrent Subjects) Order, 1960.

3 This portion was substituted for the portion beginning with the words “and that it” and ending

with the words “ of the association” by Mah. 10 of 1965, s. 2.

4 The  words  “in  Greater  Bombay  the  Collector  of  Bombay  and  elsewhere”  were  deleted  by

Mah. 9 of 1988, s. 32(a).

5 These words were added, by Mah. 9 of 1988, s. 32 (b).
6 Clasue (g) was substituted for the original by Mah. 27 of 1985, s. 2 (c).
7 The word “and” was deleted by Mah. 17 of 1993, s. 28 (a)(i).
* The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. entry 67

w.e.f. 1st May 1960.

H 2351—2

6

Maharashtra  Stamp  Act

[1958 : Bom.  LX

1[(iv) every order made by the High Court under section 394 of
the  Companies  Act,  1956  or  every  order  made  by  the  National
Company Law Tribunal under sections 230 to 234 of the Companies
Act, 2013 or every confirmation issued by the Central Government
under sub-section (3) of section 233 of the Companies Act, 2013, in
respect  of  the  amalgamation,  merger,  demerger,  arrangement  or
reconstruction  of  companies  (including  subsidiaries  of  parent
company) ;  and  every  order  of  the  Reserve  Bank  of  India  under
section  44A  of  the  Banking  Regulation    Act,  1949  in  respect  of
amalgamation  or reconstruction  of  Banking  Companies ;  ]

1 of
1956.

18 of
2013.
18 of
2013.

10 of
1949.

by  which  property,  whether  moveable  or  immoveable,  or  any
estate  or  interest  in  any  property  is  transferred  to,  or  vested  in,
any other person, inter vivos and which is not otherwise specifically
provided  for  by  Schedule  I ;

Explanation.—An  instrument  whereby  a  co-owner  of  any  property
transfers  his  interest  to  another  co-owner  of  the  property  and  which  is
not an instrument of partition, shall, for the purposes of this clause, be
deemed  to  be  an  instrument  by  which  property  is  transferred inter
vivos ; ]

2[(ga) “ Deputy  Inspector  General  of  Registration  and  Deputy
Controller  of  Stamps ”  means  the  officer  or  officers 3[so  designated  by
the State Government may, by notification in the Official Gazette, appoint
in this behalf ;]

(h) “ duly  stamped ”  as  applied  to  an  instrument  means  that  the
instrument  bears  an  adhesive  or  impressed  stamp  of  not  less  than  the
proper  amount  and  that  such  stamp  has  been  affixed  or  used  in
accordance with the law for the time being in force in the state ;

(i) “ executed ”  and  “ execution ”  used  with  reference  to

instruments,  mean  “ signed ”  and  “ signature ”.

4[Explanation.—The  terms  “ signed ”  and  “ signature ”  also  include
attribution  of  electronic  record  as  per  section  11  of  the  Information
Technology Act, 2000 ; ]

21 of
2000.

(j) “ Government  securities ”  means  a  Government  security  as

defined in the Public Debt Act, 1944 ;

XVIII of
1944.

5[(ja) “ immoveable  property ”  includes  land,  benefits  to  arise  out
of  land,  and  things  attached  to  the  earth,  or  permanently  fastened  to
anything attached to the earth ;]

1 Sub-clause (iv) was substituted by Mah. 5 of 2018, s. 2.
2 Clasue (ga) was inserted by Mah. 13 of 2004, s. 2.
3 These words were substituted for the original by Mah. 12 of 2006, s. 2.
4 The Explanation was added by Mah. 32 of 2005, s. 2(1).
5 Clause (ja) was inserted by Mah. 27 of 1985, s. 2(d).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

7

21 of
2000.

(k) “ impressed  stamp ”  includes,—

(i) labels affixed and impressed  by the proper officer ;

(ii) stamps embossed or engraved on stamped paper ;

1[(iii) impression  by  franking  machine  ;

(iv) impression by any such machine as the State Government

may, by notification in the Official Gazette, specify ;]

2[(v) receipt  of  e-payment ;]

(l) “ instrument ”  includes  every  document  by  which  any  right  or
liability  is,  or  purports  to  be,  created,  transferred,  limited,  extended,
extinguished or recorded, but does not include a bill of exchange, cheque,
promissory  note,  bill  of  lading,  letter  of  credit,  policy  of  insurance,
transfer  of  share,  debenture,  proxy  and  receipt  ;

3[Explanation.—The  term “ document ”  also  includes any  electronic
record  as  defined  in  clause  (t)  of  sub-section  (1)  of  section  2  of  the
Information  Technology  Act,  2000 ; ]

4[(la) “ instrument  of  gift ”  includes,  where  the  gift  is  of  any
moveable 5[or  immoveable]  property  but  has  not  been  made  in  writing,
any  instrument  recording  whether  by  way  of  declaration  or  otherwise
the making or acceptance of such oral gift ; ]

(m) “ instrument  of  partition ”  means  any  instrument  whereby
co-owners  of  any  property  divide  or  agree  to  divide  such  property  in
severalty  and  includes,—

(i) a final order for effecting a partition passed by any revenue

authority  or  any  civil  court,

(ii) an award by an arbitrator directing a partition, and

(iii) when any partition is effected without executing any such
instrument, any instrument or instruments signed by the co-owners
and  recording,  whether  by  way  of  declaration  of  such  partition  or
otherwise,  the  terms  of  such  partition  amongst  the  co-owners  ;

(n) “ lease ”  means  a  lease  of  immovable  property, 6[or  moveable

(or both)] and  includes also,—

(i) a Patta ;

(ii)  a  Kabulayat,  or  other  undertaking  in  writing,  not  being  a
counterpart of a lease to cultivate, occupy or pay or deliver rent for
immovable  property  ;

1 Sub-clauses (iii) and (iv) were added by Mah. 20 of 1994, s. 2.
2 Sub-clause (v) was added by Mah. 41 of 2011, s. 2.
3 This Explanation was added by Mah. 32 of 2005, s. 2(2).
4 Clause (la) was inserted by Mah. 31 of 1962, s. 2.
5 These words were inserted by Mah. 13 of 1974, s. 2.
6 These words were inserted by Mah. 17 of 1993, s. 28(b) (i).

H 2351—2a

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[1958 : Bom.  LX

(iii) any instrument by which tolls of any description are let ;

(iv) any writing on an application for a lease intended to signify

that the application is granted ;

1[(v)  a  decree  or  final  order  of  any  Civil  Court  in  respect  of

lease :

Provided  that,  where  subsequently  an  instrument  of  lease  is

executed  in  pursuance  of  such  decree  or  order,  the  stamp  duty,  if

any,  already  paid  and  recovered  on  such  decree  or  order  shall  be

adjusted towards the total duty leviable on such instrument; ]

2[(na) “ market value ” in relation to any property which is the subject

matter  of  an  instrument,  means  the  price  which  such  property  would

have  fetched  if  sold  in  open  market  on  the  date  of  execution  of  such

instrument] 3[or  the  consideration  stated  in  the  instrument,  whichever

is higher ] ;

(o)  “ marketable  security ”  means  a  security  of  such  description  as

to be capable of being sold in any stock market in India, 4*

*

* ;

(p)  “ mortgage  deed ”  includes  every  instrument  whereby,  for  the

purpose of securing money advanced, or to be advanced, by way of loan,

or an existing or future debt, or the performance of an engagement, one

person transfers or creates to, or in favour of, another, a right over or in

respect  of  specified  property  ;

5[(pa) “ moveable property ” includes standing timber, growing crops

and  grass,  fruit  upon  and  juice  in  trees  and  property  of  every  other

description, except immoveable property, by which any right or liability

is  or  is  purported  to  be  created,  transferred,  limited,  extended,

extinguished  or  recorded ;  ]

(q)  “ paper ”  includes  vellum,  parchment  or  any  other  material  on

which an instrument may be written ;

(r)  “ power  of  attorney ”  includes  any  instrument  (not  chargeable

with  a  fee  under  the  law  relating  to  court-fees  for  the  time  being  in

force)  empowering  a  specified  person  to  act  for  and  in  the  name  of  the

person executing it 6[and includes an instrument by which a person, not

being  a  person  who  is  a  legal  practitioner,  is  authorised  to  appear  on

behalf  of  any  party  in  any  proceeding  before  any  court,  Tribunal  or

authority  ] ;

1 Sub-clause (v) was inserted by Mah. 17 of 1993, s. 28(b) (ii)
2 Clause (na) was inserted by Mah. 16 of 1979, s. 2.
3 This portion was added by Mah. 27 of 1985, s. 2(e).
4 The words “ or in the United Kingdom ” were deleted, Mah. 27 of 1985, s. 2 (f).
5 Clause (pa) was inserted by Mah. 17 of 1993, s. 28(c).
6 This portion was added by Mah. 27 of 1985, s. 2(g).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

9

1[(ra)  “ public  officer ”  means  a  public  officer  as  defined  in    clause

(17) of section 2 of the Code of Civil Procedure, 1908 ; ]

V of
1908

(x) “ Schedule ” means a Schedule appended to this Act ;

(t) “ settlement ” means any non-testamentory disposition in writing

of  movable  or  immovable  property  made,—

(i)  in  consideration  of  marriage,

(ii) for the purpose of distributing property of the settler among
his family or those for whom he desires to provide, or for the purpose
of  providing  for  some  person  dependant  on  him,  or

(iii)  for any  religious or  charitable purpose,  and

includes  an  agreement  in  writing  to  make  such  a  disposition  and
where any such disposition has not been made in writing, any instrument
recording whether by way of declaration of trust or otherwise, the terms
of  any  such  disposition ;

(u) “ soldier ”  includes  any  person  below  the  rank  of  a

non-commissioned  officer  who  is  enrolled  under  the  Army  Act,  1950.

XLVI of
1950.

CHAPTER  II

STAMP DUTIES

(A) Of the Liability of Instruments to Duty

3. Subject  to  the  provisions  of  this  Act  and  the  exemptions  contained
in Schedule I, the following instruments shall be chargeable with duty of the
amount  indicated  in  Schedule  I  as  the  proper  duty  therefor  respectively,
that is to say—

Instruments
chargeable
with duty.

(a) every  instrument  mentioned  in  Schedule  I,  which,  not  having
been  previously  executed  by  any  person,  is  executed  in  the  State  on  or
after the date of commencement of this Act ;

(b) every  instrument  mentioned  in  Schedule  I,  which,  not  having
been previously executed by any person, is executed out of the State on
or after  the said  date, relates to  any property situate,  or to  any matter
or thing done or to be done in this State and is received in this State :

2[Provided  that  a  copy  or  extract,  whether  certified  to  be  a  true
copy  or  not  and  whether  a  fascimile  image  or  otherwise  of  the  original
instrument  on  which  stamp  duty  is  chargeable  under  the  provisions  of
this  section,  shall  be  chargeable  with  full  stamp  duty  indicated  in  the
Schedule I if the proper duty payable on such original instrument is not
paid: ]

3[Provided further that] no duty shall be chargeable in respect of—

(1) any instrument executed by or on behalf of, or in favour of,
the  Government  in  cases  where,  but  for  this  exemption,  the

1 Clause (ra) was inserted, ibid., s. 2(h).
2 This proviso was inserted by Mah. 21 of 1998, s. 6 (a).
3 These words were substituted for the words “Provided that” by Mah. 21 of 1998, s. 6(b).

10

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Government  would  be  liable  to  pay  the  duty  chargeable  in  respect

of  such  instrument 1[or  where  the  Government  has  undertaken  to

bear the expenses towards the payment of the duty.]

(2)  any  instrument  for  the  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 the Bombay Coasting Vessels Act, 1838, or

2[Merchant Shipping Act, 1958].

XIX
1838.
XLIV of
1958.

Several
instruments
used in single
transaction of
6[development
agreement,]
sale, 7[lease,]
mortgage or
settlement.

4.

(1) Where, in the case of any 3[development agreement,] sale, 4[lease,]

mortgage  or  settlement,  several  instruments  are  employed  for  completing

the  transaction,  the  principal  instrument  only  shall  be  chargeable  with  the

duty prescribed in Schedule I for the conveyance, 3[development agreement,]

4[lease,] mortgage or  settlement, and each of the other  instruments shall be

chargeable with a duty of 5[one hundred rupees] instead of the duty (if any)

prescribed  for  it  in  that  Schedule.

(2) The parties may determine for themselves which of the instruments

so  employed  shall,  for  the  purposes  of  sub-section  (1),  be  deemed  to  be  the

principal  instrument.

8[(3)  If  the  parties  fail  to  determine  the  principal  instrument  between

themselves,  then  the  officer  before  whom  the  instrument  is  produced  may,

for  the  purposes  of  this  section,  determine  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.

Instruments
relating to
several
distinct
matters.

Instruments
coming
within several
descriptions
in
Schedule I.

5. 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. Subject to the provisions of section 5, an instrument so framed as to

come  within  two  or  more  of  the  descriptions  in  Schedule  I  shall,  where  the

duties  chargeable  thereunder  are  different,  be  chargeable  only  with  the

highest of such duties :

1 These words were added by Mah. 27 of 1985, s. 3(a).
2 These words and figures were substituted for the words and figures “Indian Registration of

Ships Act, 1841” by Mah. 27 of 1985, s. 3(b).

3 These words were inserted by Mah. 32 of 2005, s. 3(1).
4 This word was inserted by Mah. 20 of 2015, s. 3(a).
5 These words were substituted for the words “twenty rupees” by Mah. 13 of 2004, s. 3.
6 These words were inserted by Mah. 32 of 2005, s. 3(2).
7 This word was inserted by Mah. 20 of 2015, s. 3(b).
8 Sub-section (3) was inserted by Mah. 27 of 1985, s. 4(b).

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Maharashtra  Stamp  Act

11

Provided that nothing in this Act contained shall render chargeable with
duty  exceeding 1[one  hundred  rupees]  a  counterpart  or  duplicate  of  any
instrument  chargeable  with  duty  and  in  respect  of  which  the  proper  duty
has been paid.

7.

(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,—

Payment of
higher duty in
respect of
certain
instruments.

(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 this 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 thereof  :

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.

2[(3) The provisions of this Act and the rules made thereunder, in so far
as  they  relate  to  the  recovery  of  duties  chargeable  on  instruments  under
section 3 shall, so far as may be, apply to the recovery of duties chargeable on
a counterpart,  duplicate or  a copy of  an instrument  under sub-section  (1).]

IX of
1914.

8.

(1) Notwithstanding anything in this Act, any local authority raising
a  loan  under  the  provisions  of  the  Local  Authorities  Loans    Act,  1914  or  of
any other law for the time being in force, by the issue of bonds or securities
other  than  debentures  shall,  in  respect  of  such  loan,  be  chargeable  with  a
duty  of 3[two  per  centum]  on  the  total  amount  of  such  bonds  or  securities
issued by it, and such bonds or securities need not be stamped, and shall not
be  chargeable  with  any  further  duty  on  renewal,  consolidation,  sub-divison
or  otherwise.

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

(2) The provisions of sub-section (1) exempting certain bonds or securities
from  being  stamped  and  from  being  chargeable  with  certain  further  duty
shall apply to the bonds or securities other than debentures of all outstanding
loans of the kind mentioned therein, and all such bonds or securities shall be
valid, whether the same are stamped or not.

1 These words were substituted for the words “ten rupees” by Mah. 5 of 2010, s. 2.
2 Sub-section (3) was added by Mah. 17 of 1993, s. 29.
3 These words were substituted for the words “one and half per centum” by Mah. 17 of 1993, s. 30.

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[1958 : Bom.  LX

Power to
reduce, remit
or compound
duties.

(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  State  Government  a  sum
equal to ten per centum upon the amount of duty payable, and a like penalty
for every  month after  the first  month during  which such  neglect continues.

9. The State Government 1[, if satisfied that it is necessary to do so in
the public interest] may, by rule or order published in the Official Gazette,—

(a) reduce  or  remit,  whether  prospectively  or  retrospectively,  in
the whole or any part of the State the duties with which any instruments
or 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

(b) provide  for  the  composition  or  consolidation  of  duties  in  the
case  of  issues  by  any  incorporated  company  or  other  body  corporate  of
bonds  or  marketable  securities  other  than  debentures.

(B)—Of Stamps and the mode of using them.

Duties how to
be paid.

10.

(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  provisions  herein  contained  ;  or

(b)  when  no  such  provision  is  applicable  thereto,  as  the  State

Government  may,  by  rules,  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 ;

(b) in the case of instruments stamped with impressed stamps, the

number of stamps which may be used.

2[(2-1A)  From  the  date  of  coming  into  force  of  the  Bombay  Stamp
(Amendment) Act, 2003, in the case of instruments, stamped with impressed
stamps,  such  stamps  shall  bear  the  stamp  and  signature  with  date,  of  the
authorised officer of the Treasury, Sub-Treasury or the General Stamp Office
in  the  State,  or  of  the  proper  officer  appointed  by  the  Chief  Controlling
Revenue Authority, Superintendent of Stamps or Collector of Stamps in the
State :

Provided  that,  the  Chief  Controlling  Revenue  Authority  may,  by
notification  in  the Official  Gazette,  from  the  specified  date,  do  away  with
such  requirement.]

3[(2A)  The  Chief  Controlling  Revenue  Authority  may,  subject  to  such
conditions as he may deem fit to impose, authorise use of franking machine
or any other machine specified under sub-clause (iv) of  clause (k) of section
2, for making impressions on instruments chargeable with duties to indicate
payment of duties payable on such instruments.

1 These words were inserted by Mah. 27 of 1985, s. 6.
2 Sub-section (2-1A) was inserted by Mah. 10 of 2003, s. 2 (a).
3 Sub-sections (2A), (2B) and (2C) were inserted by Mah. 20 of 1994, s. 3(1).

Mah. X
of 2003.

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Maharashtra  Stamp  Act

13

(2B)  (a)  Where  the  Chief  Controlling  Revenue  Authority  or  the
Superintendent of Stamps, Bombay when authorised by the Chief Controlling
Revenue Authority in this behalf, is satisfied that having regard to the extent
of  instruments executed  and  the  duty chargeable  thereon,  it  is necessary  in
public interest to authorise any person, body for organisation to such use of
franking machine or any other machine, he may, by order in writing authorise
such  person,  body  or  organisation ;

(b) Every  such authorisation shall  be subject  to such conditions,  if any,
as  the  Chief  Controlling  Revenue  Authority  may,  by  any  general  or  special
order,  specify  in  this  behalf.

(2C) The procedure to regulate the use of franking machine or any other
machine  as  so  authorised  shall  be  such  as  the  Chief  Controlling  Revenue
Authority  may,  by  order  determine.]

1[(3)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Chief
Controlling Revenue Authority, shall, by notification in the Official  Gazette,
specify  the  instruments  in  Schedule  I  in  respect  of  which  the  duties
chargeable, as specified in column 2 of the said Schedule shall be paid,—

(i) by means of a franking machine ;

(ii) by way of cash ;

(iii) by demand draft ; 2[* * *]

(iv) by 3[pay order ; or]

4[(v) by e-payment,]

in  any Government  Treasury  or Sub-Treasury  or  General Stamp  Office
5[or, as  the case  may be, Government  Receipt Accounting  System (G.R.A.S.)
(Virtual Treasury)] and such payment shall be indicated on such instrument
by  endorsement  to  that  effect  made  on  the  instrument  by  the  proper  officer
duly  notified  by  the  Chief  Controlling  Revenue  Authority  for  this  purpose.]

6[(3A) The  procedure  to  regulate  the  use  of  e-payment,  through
Government  Receipt  Accounting  System  (G.R.A.S.)  (Virtual  Treasury)  for
payment  of  duty  shall  be  such  as  the  Chief  Controlling  Revenue  Authority
may by an order determine.]

7[(4)  An  impression  made  under  sub-sections  (2A),  (2B)  and  (2C)  or,  as
the case may be, an endorsement made under sub-section (3) 8[or, under sub-
section (2) of section 32A] on any instrument, shall have the same effect as if
the duty of an amount equal to the amount indicated in the impression or, as
the case may be, stated in the endorsement has been paid, in respect of, and
such  payment  has  been  indicated  on  such  instrument  by  means  of  stamps,
under  sub-section  (1)].

1 Sub-section (3) was substituted for the original by Mah. 10 of 2003, s. 2(b).
2 The word “or” was deleted by Mah. 41 of 2011, s. 3(a).
3 This word was substituted for the word “pay order” by Mah. 41 of 2011, s. 3(b).
4 This clause was added  by Mah. 41 of 2011, s. 3(c).
5 These words, brackets and letters were inserted  by Mah. 41 of 2011, s. 3(d).
6 Sub-section (3A) was inserted by Mah. 20 of 2015, s.4.
7 Sub-section (4) was substituted by Mah. 20 of 1994, s. 3(2).
8 These words were inserted by Mah. 9 of 1997, s. 7.
H 2351—3

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Maharashtra  Stamp  Act

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Duties to be
paid in cash,
by demand
draft or by
pay order by
Government
controlled
bodies,
Insurance
Companies
and Banks.

1[10A. Notwithstanding  anything  contained  in  section  10,  the  State
Government may, by notification in the Official Gazette, direct that,  in case
of  the  bodies  owned  or  controlled  by  the  State  or  Central  Government,
Insurance Companies and Nationalised Banks, the duty may be paid by their
Head Office or Regional Office or Zonal Office by way of cash, or by demand
draft or by pay order, in any Government Treasury or Sub-Treasury or General
Stamp Office, Mumbai and the proper officer, not below the rank of Branch
Manager, so notified by the Chief Controlling Revenue Authority, shall make
an endorsement on the instrument as follows :—

Stock ex-
change, etc., to
deduct stamp
duty from
trading
member’s
account.

Duties to be
paid in cash,
or by demand
draft or by
pay order by
notary.

Certain
Departments,
organisations,
institutions,
etc., to ensure
payment of
stamp duty.

“Stamp duty of Rs ............ paid  in  cash/by  demand  draft/pay  order,

vide Receipt/Challan No. .................. dated the ................... ”.

Signature  of  proper  Officer.]
2[10B. Notwithstanding  anything  contained  in  this  Act,  in  case  of
transactions  through  stock  exchange  or  an  association  as  defined  in    clause
(a)  of  section  2  of  the  Forward  Contracts  (Regulation)  Act,  1952,  the  stock
exchange or, as the case may be, an association, shall collect the due stamp
duty by deducting the same from the trading member’s account at the time of
settlement  of  such  transactions.  The  stamp  duty  so  collected  shall  be
transferred  to  the  Government  Treasury,  Sub-Treasury  or  General  Stamp
Office  in  the  manner  specified  by  the  Chief  Controlling  Revenue  Authority.
Explanation.—For the purposes of this section, “ stock exchange ” means
the  stock  exchange  as  defined  in  clause  (j)  of  section  2  of  the  Securities
Contract  (Regulation)  Act,  1956.]

3[10C. Notwithstanding  anything  contained  in  section  10,  in  case  of
the notary appointed under the Notaries Act, 1952, for the whole or any part
of  the  State  of  Maharashtra,  the  duty  payable  for  performing  the  functions
entrusted  to  him  under  any  law  for  the  time  being  in  force, may be  paid by
him by way of cash, or by demand draft or by pay order, in any  Government
Treasury or Sub-Treasury or General Stamp Office, Mumbai and the notary
shall make an endorsement on the instrument as follows, namely :—

Stamp duty of Rs ..................... paid  *in  cash/by  demand  draft/by  pay
order, vide  * Receipt/Challan  No. .....................,  dated the  ....................., in  *
Government  Treasury/Sub-Treasury Office  at  ................./the General  Stamp
Office,  Mumbai.

74 of
1952.

42 of
1956.

53 of
1952.

Seal of the notary.
*Strike  out  whatever  is  not  applicable.]
4[10D.

Signature of the notary with date.

5[(1) Nothwithstanding anything contained in this Act, the State
Government may, by notification in the Official Gazette, direct that any State
Government  Department,  institution  of  local  self-government,  semi
Government  organization,  banking  or  non-banking  financial  institution  or
the body owned, controlled or substantially financed by the State Government
or  any  class  of  them,  shall  ensure  that  the  proper  duty  is  paid  to  the  State
Government  through  Government  Receipt  Accounting  System  (G.R.A.S.)  or
by any other system of payment as may be notified by the State Government
in  this  behalf,  in  respect  of  such  instruments,  as  may  be  specified  in  the
notification in which such Department or body, etc., is a party or which create

1 This section was inserted by Mah. 10 of 2003, s. 3.
2 This section was inserted by Mah. 32 of 2005, s. 4.
3 Section 10C was inserted by Mah. 5 of 2010, s. 3.
4 Section 10D was inserted by Mah. 20 of 2015, s. 5.
5 Sub-section (1) was substituted by Mah. 47 of 2017, s. 2(a).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

15

a right in favour of such Department or body, etc., and of which registration
is  not  compulsory :

Provided that, in case of instruments requiring stamp duty of less than
rupees  five  hundred,  the  stamp  duty  may  be  paid  to  the  State  Government
through  any  other  mode  of  payment  permissible  under  this  Act  and  the
provisions  of  sub-sections  (2)  and  (3)  shall  not  be  applicable  in  case  of  such
payment.]

(2) The  Chief  Controlling  Revenue  Authority  shall  authorise  a  person
nominated by such Department or body, etc. as mentioned in sub-section (1)
as a proper officer for defacing the challan 1[electronically in the Government
Receipt Accounting System (G.R.A.S.) or any other system of payment notified
by  the  State  Government  in  this  behalf]  and  making  the  endorsement  on
such  instruments.

(3) It  shall  be  the  duty  of  the  proper  officer  so  authorised  under
sub-section  (2)  to  make  an  endorsement  on  the  instruments  after  defacing
the  challan,  as  follows :—

“ Stamp duty of Rs. ............ paid in *cash/by demand draft/by pay order /
e-Challan, vide  Receipt / Challan  No.  .................. / GRN  No.  ...............
CIN..............,  dated the ..........................

Seal of the Office.
*Strike  out  whatever  is  not  applicable :]
2[Provided  that,  whenever  the  Stamp  Duty  has  been  paid  through
Government  Receipt  Accounting  System  (G.R.A.S.)  by  receipt  of  e-payment
i.e. electronically  Secured  Bank  and  Treasury  Receipt  (e-SBTR),  the
provisions of sub-sections (2) and (3) shall not be applicable.]

Signature  of  the  Officer.

11. The following instruments may be stamped with adhesive stamps,

namely :—

(a) 3[*
*]
4[(b) instrument  mentioned  at 5[articles  1,]  5(a)  to  (g),  17,  29,  37,

*

*

*

Use of
adhesive
stamps.

6[41], 42, 43, 59(a) and 62 in Schedule I].

12.

(1)  (a)  Whoever  affixes  any  adhesive  stamp  to  any  Instrument
chargeable  with  duty  which  has  been  executed  by  any  person  shall,  when
affixing such stamp, cancel the same so that it cannot be used again ; and

Cancellation
of adhesive
stamps.

(b) Whoever executes any instrument on any paper bearing an adhesive
stamp  shall,  at  the  time  of  execution,  unless  such  stamp  has  been  already
cancelled in the manner aforesaid, cancel the same so that it cannot be used
again.

(2)  Any  instrument  bearing  an  adhesive  stamp  which  has  not  been
cancelled  so  that  it  cannot  be  used  again,  shall,  so  far  as  such  stamp  is
concerned,  be  deemed  to  be  unstamped.

(3)  The  person  required  by  sub-section  (1)  to  cancel  an  adhesive  stamp
may  cancel  it  by  writing  on  or  across  the  stamp  his  name  or  initials  or  the
name  or  initials  of  his  firm  with  the  true  date  of  his  so writing,  or  in  any
other  effectual  manner.
1 These words were inserted by Mah. 47 of 2017, s. 2(b).
2 This proviso was added by Mah. 47 of 2017, s. 2(c).
3 Clause (a) was deleted by Mah. 9 of 1988, s. 34(a).
4 Clause (b) was substituted for the original clauses (b) and (c) by Mah. 10 of 1965, s. 3.
5 This word and figure were substituted for the word and letters “article Nos.” by Mah. 9 of 1988,

s. 34(b).

6 These figures were substituted for the figures, brackets and letter “41(a)” by Mah. 7 of 1985, s. 8.
H 2351—3a

16

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Instruments
stamped with
impressed
stamps how
to be written.

1[13. Every  instrument  for  which  sheet  of  paper  stamped  with
impressed  stamp  is  used  shall  be  written  in  such  manner  that  the  writing
may appear on the face and, if required, on the reverse of such sheet so that
it cannot be used for or applied to any other instrument.

Explanation  I.—Where  two  or  more  sheets  of  papers  stamped  with
impressed  stamps  are  used  to  make  up  the  amount  of  duty  chargeable  in
respect of any instrument, either a portion of such instrument shall be written
on each sheet so used, or the sheet on which no such portion is written shall
be  signed  by  the  executant  or  one  of  the  executants,  with  an  endorsement
indicating  that  the  additional  sheet  is  attached  to  the  sheet  on  which  the
instrument  is  written.

Explanation  II.—Where  the  sheet  or  sheets  bearing  impressed  stamps
is or are insufficient to admit of the entire instrument being written thereon,
so  much  plain  paper  may  be  subjoined  thereto  as  may  be  necessary  for
completing  the  writing  of  such  instrument,  provided  a  substantial  part  of
the  instrument  is  written  on  the  sheet  which  bears  the  stamp  before  any
part is written on the plain paper so subjoined ; and such plain paper may or
may not be signed by the executant but where it is not so signed it shall not
render  the  instrument  not  duly  stamped].

Only one
instrument to
be on same
stamp.

14. 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.

Alterations in
instruments
how to be
charged.

2[14A. Where due  to material  alterations made  in an  instrument by  a
party,  with  or  without  the  consent  of  other  parties,  the  character  of  the
instrument is materially or substantially altered, then such instrument shall
require  a  fresh  stamp  paper  according  to  its  altered  character.]

Instrument
written
contrary to
sections 13
5[,14 or 14A
deemed not
duly
stamped.]

Denoting duty.

15. Every  instrument  written  in  contravention  of  section  13, 3[14  or

14A] shall be deemed to be 4[not duly stamped].

16. 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  Collector  for  that  purpose,  and  on
production  of  both  the  instruments,  be  denoted  upon  such  first  mentioned
instrument,  by  endorsement  under  the  hand  of  the  Collector  in  such  other
manner (if any) as the State Government may, by rules, prescribe.

1 Section 13 was substituted for the original by Mah. 27 of 1985, s. 9.
2 Section 14A was inserted by Mah. 27 of 1985, s. 10.
3 These figures, word and letter were substituted for the words and figures “or section 14”, Mah.

27 of 1985, s. 11(a).

4 These words were substituted for the word “unstamped”, Mah. 27 of 1985, s. 11(b).
5 These figures, words and letters were substituted for the words and figures “or 14 deemed

unstamped”, Mah. 27 of 1985, s. 11(c).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

17

(C)—Of the time of stamping Instruments.

17. All instruments chargeable with duty and executed by any person
in  this  State  shall  be  stamped  before  or  at  the  time  of  execution 1[or
immediately  thereafter] 2[on  the  next  working  day  following  the  day  of
execution]  :

Instruments
executed in
State.

3[Provided that the clearance list described in Article 19, 20, 21, 22 or 23
of  Schedule  I  may  be  stamped  by  an  officer  authorised  by  the  State
Government by rules made under this Act, if such clearance list is submitted
for  stamping  by  the  clearing  house  of  an  Association  in  accordance  with  its
rules  and  bye-laws  with  the  requisite  amount  of  stamp  duty,  within  two
months from the date of its execution.]

18.

(1)  Every  instrument  chargeable  with  duty  executed  only  out  of
this State may be stamped within three months after it has been first received
in this State.

Instruments
executed out
of State.

Payment of
duty on
certain
instruments
8[or copies
thereof] liable
to increased
duty in
9[Maharashtra
State].

(2) Where any such instrument cannot, with reference to the description
of stamp prescribed therefor, be duly stamped by a private person, it may be
taken  within  the  said  period  of  three  months  to  the  Collector,  who  shall
stamp  the  same,  in  such  manner  as  the  State  Government  may  by  rule
prescribe, with a stamp of such value as the person so taking such instrument
may require and pay for.

19. Where  any  instrument  of  the  nature  described  in  any  article  in
Schedule  I  and  relating  to  any  property  situate  or  to  any  matter  or  thing
done or to be done in this State is executed out of the State and subsequently
4[such instrument or a copy of the instrument is] received in the State,—

(a) the amount of duty chargeable on such instrument 5[ or a copy of
the instrument] shall be the amount of duty chargeable under Schedule
I  on  a  document  of  the  like  description  executed  in  this  State  less  the
amount  of  duty,  if  any  already  paid  under  any  law  in  force  in  India
excluding the State of Jammu and Kashmir on such instrument when it
was  executed  ;

(b)  and  in  addition  to  the  stamps,  if  any,  already  affixed  thereto
such  instrument 6[  or  a  copy  of  the  instrument ]  shall  be  stamped  with
the stamps necessary for the payment of the duty chargeable on it under
clause (a) of this section in the same manner and at the same time and
by  the  same  persons  as  though  such  instrument 6[  or  a  copy  of  the
instrument] were an instrument received in this State for the first time
at the time when it became chargeable with the higher duty, and

(c) the provisions contained in clause (b) of the proviso to sub- section
(3)  of  section  32  shall  apply  to  such  instrument 7[  or  a  copy  of  such
instrument]  as  if  such  were  an  instrument  executed  or  first  executed
out of this State and first received in this State when it became chargeable
to  the  higher  duty  aforesaid,  but  the  provisions  contained  in  clause  (a)
of  the  said  proviso shall  not  apply  thereto.

1 These words were added, Mah. 27 of 1985, s. 12.
2 These words were added by Mah. 17 of 1993, s. 31.
3 This proviso was substituted for the original by Bom. 95 of 1958, s. 3.
4 These words were inserted by Mah. 17 of 1993, s. 32(a).
5 These words were inserted, Mah. 17 of 1993, s. 32(b).
6 These words were inserted, Mah. 17 of 1993, s. 32(c).
7 These words were inserted, Mah. 17 of 1993, s. 32 (d).
8 These words were inserted, Mah. 17 of 1993, s. 32 (e).
9 These words were substituted for the words “Bombay State” by the Maharashtra Adaption of

Laws (State and Concurrent Subjects) Order, 1960.

18

Maharashtra  Stamp  Act

[1958 : Bom.  LX

(D) — Of  Valuations  for  Duty.

Conversion of
amount
expressed in
foreign
currencies.

20. (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  for  the  conversion  of  British  or  any  foreign
currency  into  the  currency  of  India  prescribed  under  sub-section  ( 2)  of
section 20 of the Indian Stamp Act, 1899, shall be deemed to be current rate
for  the  purpose  of  sub-section  (1).

II of
1899.

Stock and
marketable
securities
how to be
valued.

21. 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.

Effect of
Statement of
rate of
exchange or
average price.

22. 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.

Instruments
reserving
interest.

23. Where  interest  is  expressly  made  payable  by  the  terms  of  an
instrument,  such  instrument  shall  not be  chargeable  with  duty  higher  than
that  which  it  would  have  been  chargeable  had  no  mention  of  interest  been
made  therein.

Certain
instruments
connected
with mort-
gages of
marketable
securities to
be chargeable
as agree-
ments.

How transfer
in consider-
ation of debt
or subject to
future
payments, etc.
to be charged.

24.

(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  No. 5 (h) of Schedule I.

(2) A release or discharge of any such instrument shall only be chargeable

with the  like duty.

1[25. Where  any  property  is  transferred  to  any  person—

(a) in consideration, wholly or in part, of any debt due to him ; or

(b) subject either certainly or contingently to the payment or transfer
(to  him  or  any  other  person)  of  any  money  or  stock,  whether  being  or
constituting  a  charge  or  incumbrance  upon  the  property  or  not,  such
debt,  money  or  stock,  shall  be  deemed  to  be  the  whole  or  part,  as  the
case  may  be,  of  the  consideration  in  respect  whereof  the  transfer  is
chargeable with ad valorem duty :

Provided  that,  nothing  in  this  section  shall  apply  to  any  such

certificate of sale as is mentioned in Article 16 of Schedule I.

Explanation.—Where  property  is  sold  and  sale  is  subject  to  a
mortgage  or  other  incumbrance,  any  unpaid  mortgage-money  or  money
charged,  together  with  the  interest  (if  any)  due  on  the  same,  shall  be

1 Section 25 was substituted for the original by Mah. 27 of 1985, s. 13.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

19

deemed  to  be  part  of  the  consideration  for  the  sale,  whether  or  not  the
purchaser  expressly  undertakes  with  the  seller  to  pay  the  same  or
indemnify the seller if the seller has to pay the same :

Provided  that,  where  any  property  subject  to  a  mortgage  is
transferred to the mortgage, 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 of the
property  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.  The  property  is  subject  to  a
mortgage to C for Rs. 1,000 and unpaid interest of Rs. 200. The sale is subject
to the mortgage. 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. Where  an  instrument  is  executed  to  secure  the  payment  of  an
annuity  or  other  sum  payable  periodically  or  where  the  consideration  for  a
conveyance  is  an  annuity  or  other  sum  payable  periodically,  the  amount
secured by such instrument or the consideration for such conveyance, as the
case may be, shall, for the purposes of this Act, be deemed to be,—

Valuation in
case of
annuity, etc.

(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 or
conveyance,  the  total  amount  which,  according  to  the  terms  of  such
instrument  or  conveyance,  will  or  may  be  payable  during  the  period  of
twenty  years  calculated  from  the  date  on  which  the  first  payment
becomes due ; and

(c) where the sum is payable for an indefinite time terminable with
any  life  in  being  at  the  date  of  such  instrument  or  conveyance,  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.

27. Where the amount or value of the subject matter of any  instrument
chargeable with ad valorem duty cannot be, or in the case  of an instrument
executed  before  the  commencement  of  this  Act  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, 1[have  been  sufficient,  and  the
instrument shall be deemed to be insufficiently stamped as respects the excess
amount and the provisions of section 34 shall accordingly apply in relation to
the admission of the instrument in evidence :

Provided  that,  for  the  purpose  of  application  of  section  34  to  such  an
instrument,  it  shall  be  sufficient  if  the  deficiency  in  the  duty  is  paid,  and
thereupon  no  penalty  shall  be  levied :]

1 These words were substituted for the words “have been sufficient” by Mah. 27 of 1985. s. 14(a).

Stamp where
value of
subject
matter is
indetermi-
nate.

20

Maharashtra  Stamp  Act

[1958 : Bom.  LX

1[Provided further that] in the case of the lease of a mine in which royalty
or a share of the produce is received as the rent or 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 Collector may, having regard
to all the circumstances of the case, have estimated as likely to be payable
by way of royalty or share to the Government under the lease, or

(b) when the lease has been granted by any other person, at 2[fifty

thousand rupees] a year ;
and the whole amount of such royalty or share, whatever it may be, shall

be claimable under such lease :

Provided also that, where proceedings have been taken in respect of an
instrument  under  section  31  or  40,  the  amount  certified  by  the  Collector
shall be deemed to be the stamp actually used at the date of execution.

Facts affect-
ing duty to be
set forth in
instrument.

28. The  consideration  (if  any) 3[the  market  value]  and  all  other  facts
and  circumstances  affecting  the  chargeability  of  any  instrument  with  duty,
or the amount of the duty with which it is chargeable, shall be fully and truly
set  forth  therein.

Direction as
to duty in case
of certain
conveyances.

29.

(1)  Where  any  property  has  been  contracted  to  be  sold  for  one
consideration  for  the  whole,  and  is  conveyed  to  the  purchaser  in  separate
parts  by  different  instruments,  the 4[market  value]  shall  be  apportioned  in
such manner as the parties think fit, provided that a distinct 4[market value]
for  each  separate  part  is  set  forth  in  the  conveyance  relating  thereto,  and
such conveyance shall be chargeable with ad-valorem duty in respect of such
distinct 4[market  value].

(2) Where  property  contracted  to  be  purchased  for  one  consideration
for  the  whole,  by  two  or  more  persons  jointly,  or  by  any  person  for  himself
and others or wholly for others, is conveyed in parts by separate instruments
of the persons, by or for whom the same was purchased, for distinct parts of
the  consideration,  the  conveyance  of  each  separate  part  shall  be  chargeable
with ad-valorem duty in respect of the distinct part 5[in respect of the market
value of  such part  of property.]

(3) Where a person, having contracted for the purchase of any property
but  not  having  obtained  a  conveyance  thereof,  contracts  to  sell  the  same  to
any  other  person  and  the  property  is  in  consequence  conveyed  immediately
to  the  sub-purchaser,  the  conveyance  shall  be  chargeable  with ad-valorem
6[in  respect  of  the  market  value  of  the  property  at  the  time  of  sale]  by  the
original  purchaser  to  the  sub-purchaser.

(4) Where a person, having contracted for the purchase of any property
but not having obtained a conveyance thereof, contracts to sell the whole, or
any  part  thereof,  to  any  other  person,  or  persons,  and  the  property  is  in
consequence  conveyed  by  the  original  seller  to  different  persons  in  parts,
the conveyance of each part sold to a sub-purchaser shall be chargeable with

1 These words were substituted for the words “Provided that” by Mah. 27 of 1985, s. 14(b).
2 These words were substituted for the words “twenty thousand rupees” by Mah. 17 of 1993,

s. 33.

3 These words were inserted by Mah. 16 of 1979, s. 4.
4 These words were substituted for the word “consideration” by Mah. 16 of 1979, s. 5(a).
5 These words were substituted for the words “of the consideration therein specified” by Mah. 16

of 1979, s. 5(b).

6 These words were substituted for the words “in respect of the consideration for the sale ” by

Mah. 16 of 1979, s. 5(c).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

21

ad-valorem duty 1[in respect only of the market value of the part sold to the
sub-purchaser,  without  regard  to  the  amount  of  the  market  value  of  the
property  conveyed  by  the  original  seller,  and  the  conveyance  of  the  residue
(if  any)  of  such  property  to  the  original  purchaser  shall  be  chargeable  with
ad-valorem duty in respect of the market value of such residue :]

Provided  that  notwithstanding  anything  contained  in  article  25  of
Schedule  I  the  duty  on  such  last  mentioned  conveyance  shall  in  no  case  be
less  than 2[ten  rupees].

3[(5)  Where  a  sub-purchaser  takes  an  actual  conveyance  of  the  interest
of the person immediately selling to him, which is chargeable with ad-valorem
duty in respect of the market value of the property which is the subject matter
of  the  conveyance  and  is  duly  stamped  accordingly,  any  conveyance  to  be
made afterwards to him in respect of the same property by the original seller
shall be chargeable with a duty equal to that which would be chargeable on a
conveyance for the market value of the property which is the subject matter
of  the  conveyance  or  where  such  duty  exceeds 4[fifty  rupees]  with  a  duty  of
4[fifty  rupees].

(E)—Duty  by  whom  payable.

30.

In  the  absence  of  an  agreement  to  the  contrary,  the  expense  of

providing  the  proper  stamp  shall  be  borne,—

(a)  in  the  case  of  any  instrument  described  in  any  of  the  following

Duties by
whom
payable.

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. 5[59  (a)]  (Transfer  of  debentures,  being  marketable
securities  whether  the  debentures  is  liable  to  duty  or  not,  except
debentures provided for by section 8 of the Indian Stamp Act, 1899),
No. 59(b) (Transfer of any interest secured by a bond or mortgage
deed  or  policy  of  insurance  by  the  person  drawing  or  making  such
instrument ;

1 This portion was substituted for the portion beginning with the words “in respect only of the
consideration paid by the such sub-purchaser” and ending with the words “considerations paid
by the sub-purchaser” by Mah. 16 of 1979, s. 5(d).

2 These  words  were  substituted  for  the  words  “three  rupees”  by  Mah.  27  of  1985,

s. 15(a).

3 Sub-section (5) was substituted for the original by Mah. 16 of 1979, s. 5(e).
4 These words were substituted for the words “seven rupees and fifty naye paise” by Mah. 27 of

1985, s. 15(b).

5 These figures, brackets and letter were substituted for the figures, brackets and letter “58(a)”

by Mah. 27 of 1985, s. 16(a).

H 2351—4

II of 1899.

22

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Duties
payable by
financial
institution.

(b) in  the  case  of  a  conveyance  (including  a  re-conveyance  of
mortgaged property) by the grantee ; in the case of a lease or agreement
to  lease  by  the  lessee  or  intended  lessee;

(c) in the case of a counterpart of 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  such  certificate  relates  ; 1[**]

(f) in  the  case  of  an  instrument  of  partition  by  the  parties  thereto
in proportion to their respective share in the whole property partitioned,
or,  when  the  partition  is  made  in  execution  of  an  order  passed  by  a
Revenue  authority  or  Civil  Court  or  arbitrator,  in  such  proportion  as
such  authority,  Court  or 2[arbitrator  directs  ; 3[**]],

4[(f-a) in case of instruments of works contract as provided in Article

63 of SCHEDULE-I,  by the person receiving  the contract ;]

5[(g) in any  other case, by  the person executing  the instrument.]

6[30A.

(1) Notwithstanding  anything  contained  in  section  30,
where  any  instrument  referred  to  in  clauses  (a)  to  (g)  of  section  30,  is
executed on or after the date of commencement of the Maharashtra Tax
Laws (Levy and Amendment) Act, 2013, in favour of or by any financial
institution  such  as  Bank,  Non-banking  Finance  Company,  Housing
Finance Company or alike, which creates any right in favour of any such
financial  institution,  the  liability  to  pay  proper  stamp  duty  shall  be  on
such financial institution concerned without affecting their right, if any,
to  collect  it  from  the  other  party 7[if  the  other  party  fails  to  pay  the
proper  stamp  duty].

Mah.
VIII of
2013.

(2) In  respect  of  any  such  instrument  executed  before  the  date  of
commencement  of  the  Maharashtra  Tax  Laws  (Levy  and  Amendment)
Act,  2013,  and  are  effective  and  where  proper  stamp  duty  is  not  paid,
then the financial institution shall impound such instrument on or before
the  30th  September  2013  and  forward  the  same  to  the  Collector  for
recovery.

Mah.
VIII of
2013.

(3) Where the financial institution fails to impound such instrument
as  provided  in  sub-section  (2),  then  the  concerned  financial  institution
shall be liable to pay a penalty equal to the stamp duty payable on such
instrument.]

1 The word “and” was deleted by Mah. 27 of 1985, s. 16(b).
2 These words were substituted for the words “arbitrator directs” by Mah. 27 of 1985, s. 16 (c).
3 The word “and” was deleted by Mah. 20 of 2015, s. 6(a).
4 Clause (f-a) was inserted by Mah. 20 of 2015, s. 6(b).
5 Clause (g) was added by Mah. 27 of 1985,, s. 16(d).
6 Section 30A was inserted by Mah. 8 of 2013, s. 2.
7 These words were added by Mah. 47 of 2017, s. 3.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

23

Adjudication
as to proper
stamps.

CHAPTER  III.

ADJUDICATION AS TO STAMPS.

31.

1[(1)  When  an  instrument,  whether  executed  or  not  and  whether
previously stamped or not, is brought to the Collector,2[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 3[or the Article of Schedule I under which]
it is chargeable and pays 4[a fee of one hundred rupees] in case not involving
stamp  duty  on ad  valorem  basis,  and  one  rupee  for  every  Rs.  1,000  or  part
thereof,  subject  to  a  minimum  of  five  rupees  and  maximum  of  twenty-five
rupees in cases involving stamp duty on ad valorem basis, the Collector shall
determine  the  duty  (if  any)  with  which, 3[or  the  Article  of  Schedule  I  under
which] in his judgement, the instrument is chargeable.]

(2)  For  this  purpose  the  Collector  may  require  to  be  furnished  with
5[a true copy or] 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  such  application  until 6[such  true
copy  or  abstract]  and  evidence  have  been  furnished  accordingly  :

Provided  that—

(a) no evidence furnished in pursuance of this section shall be used
against any person in any civil proceeding, except in an inquiry 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.

7[(3) Where the Collector acting under sub-sections (1) and (2) is not the
Collector of the District and if he has reason to believe that the market value
of  the  property,  which  is  the  subject  matter  of  the  instrument,  received  by
him for adjudication, has not been truly set forth therein, 8[he shall, for the
purpose  of  assessing  the  stamp  duty,  determine  the  true  market  value  of
such  property,  as  laid  down  in  the  Bombay  Stamp  (Determination  of  True
Market Value  of Property)  Rules, 1995]].

1 Sub-section (1) was substituted for the original by Mah. 13 of 1974, s. 3.
2 These words were substituted for the words “and the person bringing it” by Mah. 9 of 1997,

s. 8(a).

3 These words were inserted by Mah. 27 of 1985, s. 17(a).
4 These words were substituted for the words “a fee of fifty rupees” by Mah. 22 of 2001, s. 2(a)

w.e.f. 1-5-2001.

5 These words were inserted by Mah. 27 of 1985, s. 17(b)(i).
6 These words were substituted for the words “such abstract” by Mah. 27 of 1985, s. 17(b)(ii).
7 Sub-section (3) was added by Mah. 16 of 1979, s. 6.
8 This portion was substituted for the portion beginning with the words “he may” and ending

with the words “on the instrument” by Mah. 30 of 1997, s. 2(a).

H 2351—4a

24

Maharashtra  Stamp  Act

[1958 : Bom.  LX

1[(4) When an instrument is brought to the Collector for adjudication,—

(i)  within  one  month  of  execution  or  first  execution  of  such

instrument in the State ; or

(ii) if, such instrument is executed or first executed, out of the State,
within three months from the date of first receipt of such instrument in
this State,

the person liable to pay the stamp duty under section 30 shall pay the same
within sixty days from the date of service of the notice of demand in respect
of the stamp duty adjudicated by the Collector. If such person fails to pay the
stamp  duty  so  demanded  within  the  said  period,  he  shall  be  liable  to  pay  a
penalty  at  the  rate  of  two  per  cent.,  of  the  deficient  portion  of  the  stamp
duty,  for  every  month  or  part  thereof,  from  the  date  of  execution  of  such
instrument, or as the case may be, date of the first receipt of such instrument
in the State] :

2[Provided that, in no case, the amount of the penalty shall exceed

3[four  times]  the  deficient  portion  of  the  stamp  duty.]

Certificate by
Collector.

32.

(1) When an instrument brought to the Collector under section 31,

is in his opinion, one of a description chargeable with duty, and—

(a)  the  Collector  determines  that  it  is  already  fully  stamped,  or

(b)  the  duty  determined  by  the  Collector  under  section  31,  or  such
sum as with the duty already paid in respect of the instrument, is equal
to the duty, so determined has been paid,

the  Collector  shall  certify  by  endorsement  on  such  instrument  that  the  full
duty 4[(stating the relevant Article of Schedule I and the amount)] with which
it is chargeable has been paid.

(2) When  such  instrument  is,  in  his  opinion,  not  chargeable  with  duty,
the Collector shall certify in manner aforesaid that such instrument is not so
chargeable.

(3) 5[Subject to the provisions of section 53-A, any instrument upon which
an  endorsement  has  been  made]  under  this  section,  shall  be  deemed  to  be
duly  stamped  or  not  chargeable  with  duty,  as  the  case  may  be  ;  and,  if
chargeable with duty, shall be receivable in evidence or otherwise, and may
be acted upon and registered as if it had been originally duly stamped :

Provided  that  nothing  in  this  section  shall  authorise  the  Collector  to

endorse,—

(a)  any  instrument  executed  or  first  executed  in  the  State  and
brought  to  him  after  the  expiration  of  one  month  from  the  date  of  its
execution or first execution, as the case may be ;

(b)  any  instrument  executed  or  first  executed  out  of  the  State  and
brought  to  him  after  the  expiration  of  three  months  after  it  has  been
first received in this State ; or

1 Sub-section (4) was added by Mah. 30 of 1997, s. 2 (b).
2 This proviso was added by Mah. 22 of 2001, s. 2(b).
3 These words were substituted for the word “double” by Mah. 20 of 2015, s. 7.
4 These brackets, words and figures were substituted for the brackets and words “ (stating the

amount) ” by Mah. 27 of 1985, s. 18(a).

5 These words were substituted for the words “ Any instrument upon which an endorsement has

been made ” by Mah. 27 of 1985, s. 18(b).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

25

Instrument of
conveyance,
etc. under
valued how to
be dealt with.

XVI of
1908.

Mah.
XXVII of
1985.

Mah. IX
of 1997.

(c) any instrument chargeable with the duty of twenty naye paise or
less  when  brought  to  him,  after  the  drawing  or  execution  thereof,  on
paper  not  duly  stamped.

1[32A.

(1)  Every  instrument  of  conveyance,  exchange,  gift,  certificate
of  sale,  deed  of  partition  or  power  of  attorney  to  sell  immovable  property
when given for consideration, deed of settlement or transfer of lease by way
of assignment 2[and also any other instruments mentioned in SCHEDULE I
chargeable with duty on the basis of market value of the property], presented
for  registration  under  the  provisions  of  Registration  Act,  1908,  shall  be
accompained by a true copy thereof :

Provided that, in case of such instruments executed on or after the 4th
July 1980, to the date of commencement of the Bombay Stamp (Amendment)
Act,  1985,  an  extract  of  the  instrument  to  be  taken  from  the  registration
record  shall  be  deemed  to  be  the  true  copy  accompanying  the  instrument,
presented  for  registration  for  the  purposes  of  sub-section  (1).

3[(2)  Any  registering  officer  receiving  such  instrument  for  registration
has  reason  to  believe,  on  the  basis  of  the  information  available  with  him  in
this behalf, that the market value of immovable property which is the subject
matter  of  such  instrument  has  not  been  truly  set  forth  therein,  he  shall,
immediately  after  receiving  of  such  instrument,  refer  it  to  the  Collector  for
determination  of the  true  market value  of  such property  :

Provided  that,  in  respect  of  the  instrument  presented  for  registration
before the date of commencement of the Maharashtra Tax Laws (Levy, Second
Amendment and Validation) Act, 1996 where, in the opinion of the registering
officer, the true market value of the immovable property, which is the subject
matter  of  the  said  instrument,  has  not  been  determined  by  the  Collector  of
the  District,  it  shall  be  lawful  for  the  registering  officer  to  verify  the  true
market  value  of  such  property  as  per  the  annual  statement  of  rates  of
immovable  property  determined  under  the  Bombay  Stamp  (Determination
of True Market Value of Property) Rules, 1995, and issue notice to the person,
who is liable to pay stamp duty under section 30 calling upon such person to
pay the deficit amount of stamp duty and penalty at the rate of 2 per cent., of
the deficient portion of the stamp duty, for every month or part thereof from
the date of execution of such instrument :

Provided further that, on the receipt of such notice, if the person liable
to pay deficit amount of stamp duty and the penalty, pays within one month
from  the  date  of  receipt  of  such  notice,  the  deficient  amount  of  stamp  duty
and  also pays  the  fixed penalty  of rupees  two  hundred fifty,  he  shall not  be
liable  to  make  payment  of  penalty  at  the  rate  of  2  per  cent.,  as  provided  in
the  first  proviso;  and  the  reference  already  made  to  the  Collector  of  the
District shall abate :

Provided also that, in no case, the amount of the penalty to be charged
under  the  proviso  shall  exceed 4[four  times]  the  deficit  portion  of  the  stamp
duty.]

1 Section 32A shall be deemed to have been substituted with effect from the 4th July 1980 by

Mah. 27 of 1985, s. 19.

2 These words were inserted by Mah. 20 of 2015, s. 8(i).
3 Sub-section (2) was substituted by Mah. 13 of 2004, s. 4.
4 These words were substituted for the word “double” by Mah. 20 of 2015, s. 8(ii).

26

Maharashtra  Stamp  Act

[1958 : Bom.  LX

(3)  If  any  person  referred  to  in  section  33,  before  whom  any  such
instrument  is  produced  or  comes  in  the  performance  of  his  functions,  has
reason to believe that the market value of the immoveable property which is
the subject matter of such instrument has not been truly set forth therein, he
may,  after  performing  his  function  in  respect  of  such  instrument,  refer  the
instrument alongwith a true copy of such instrument to the Collector of the
District for determination of the true market value of such property and the
proper duty payable on  the instrument :

1[Provided  that  if  the  person,  before  whom  any  such  instrument  is
produced or comes in performance of his functions, is an officer appointed as
the Collector under clause (f) of section 2, and he has reason to believe that
the  market  value  of  the  immovable  property  which  is  the  subject  matter  of
such instrument has not been truly set-forth therein, he shall, for the purpose
of assessing the stamp duty, determine the true market value of such property
in the manner laid down in the Bombay Stamp (Determination of True Market
Value  of  Property)  Rules,  1995. ]

(4)  On  receipt  of  the  instrument  or  the  true  copy  of  the  instrument  as
the  case  may  be,  under  sub-section  (2)  or  (3),  the  Collector  of  the  District
shall,  after  giving  the  parties  concerned  a  reasonable  opportunity  of  being
heard  and  in  accordance  with  the  rules  made  by  the  State  Government  in
that  behalf,  determine  the  true  market  value  of  the  immoveable  property
which  is  the  subject  matter  of  the  instrument  and  the  proper  duty  payable
thereon. Upon such determination, the Collector of the District shall require
the party liable to pay the duty, to make the payment of the amount required
to  make  up  the  difference  between  the  amount  of  duty  determined  under
this  sub-section  and the  amount  of  duty already  paid  by  him and  shall  also
require  such  party  to  pay  in  addition, 2[a  penalty 3[of  2  per  cent.,  for  every
month  or  part  thereof]  from  the  date  of  execution  of  the  instrument  on
differential  amount  of  stamp  duty]  ;  and  on  such  payment,  the  instrument
received under sub-section (2) or (3) shall be returned to the officer or person
referred  to  therein  :

4[***]

5[Provided also that, in no case, the amount of the penalty shall exceed

6[four  times]  the  deficient  portion  of  the  stamp  duty.]

(5) The Collector of the District may, suo motu or on receipt of information
from  any  source,  within 7[ten  years]  from  the  date  of  registration  of  any
instrument  referred  to  in  sub-section  (1)  (not  being  the  instrument  upon
which an endorsement has been made under section 32 or the instrument or
the instruments in respect of which the proper duty has been determined by
him under sub-section (4) or an instrument executed before the 4th July 1980),

1 This proviso was added by Mah. 30 of 1997, s. 3(b).
2 These words were substituted for the portion beginning with the words “ a penalty of ” and

ending with the words and figures “ the 1st March 1990 ” by Mah. 9 of 1997, s. 9(b)(i).

3 These words and figure were substituted for the words and figures “ of 15 per cent. for each year

or part of the year ” by Mah. 30 of 1997, s. 3(c).

4 First and second provisos were deleted by Mah. 20 of 2015, s. 8(iii)(a).
5 This proviso was added by Mah. 22 of 2001, s. 3(b).
6 These words were substituted for the word “double” by Mah. 20 of 2015, s. 8(iii)(b).
7 These words were substituted for the words “eight years” by Mah. 30 of 1997, s. 3(d).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

27

Appeal.

call  for  the  true  copy  or  an  abstract  of  the  instrument  from  the  registering
officer  and  examine  it  for  the  purpose  of  satisfying  himself  as  to  the
correctness  of  the  market  value  of  the  immoveable  property  which  is  the
subject matter of such instrument and the duty payable thereon ; and if, after
such  examination,  he  has  reason  to  believe  that  the  market  value  of  such
property  has  not  been  truly  and  fully  set  forth  in  the  instrument  he  shall
proceed  as  provided  in  sub-section  (4).

1[(6)  It  shall  be  lawful  for  the  Chief  Controlling  Revenue  Authority  or
the  Collector  of  the  District  to  transfer  to  any  other  Officer,  any  reference
received  by  the  Collector  of  the  District  under  this  section,  for  disposal  in
accordance with the Bombay Stamp (Determination of True Market Value of
Property)  Rules,  1995.]

2[32B.

(1) Any person aggrieved by  any order determining the market
value  under  sub-section  (3)  of  section  31  or  under  section  32A  or  any  order
imposing  any  penalty  under  section  32A  may,  within  sixty  days  from  the
date  of  receipt  of  such  order,  by  an  application  in  writting  (accompanied  by
such fee not exceeding three hundred rupees as the State Government may,
from time to time, by notification in the Official Gazette, specify ; and different
rates of fees may be specified for different areas), file an appeal against such
order,  to  the 3[Additional  Controller  of  Stamps,  Mumbai  in  respect  of  the
property, which is the subject matter of the instrument, is situated in Mumbai
City and Mumbai Suburban Districts and in respect of the properties situated
in  the  other  parts  to  the]  Deputy  Inspector  General  of  Registration  and
Deputy  Controller  of  Stamps,  who  shall  after  considering  the  same,  pass
such  order  thereon  as  he  thinks  just  and  proper;  and  the  order  so  passed
shall,  subject  to  the  provisions  of    section  32C,  be  final  and  shall  not  be
questioned in any Court or before any authority :

Provided  that,  all  applications  made  and  pending  with  the  Collector
immediately  before  the  commencement  of  the  Bombay  Stamp  (Amendment)
Act, 1989 (hereinafter, in this section, referred to as “ the Amendment Act ”),
for  being  referred  to  Courts  for  decision  under  section  32B  as  it  existed
immediately  before  the  coming  into  force  of  the  Amendment  Act,  shall,  on
the coming into force of the Amendment Act be transferred by the Collector
to  the  Deputy  Inspector  General  of  Registration  and  Deputy  Controller  of
Stamps and the applications so transferred shall be deemed to be the appeals
filed  and  pending  before  the  Deputy  Inspector  General  of  Registration  and
Deputy  Controller  of  Stamps  who  shall  dispose  off  the  same  in  accordance
with this section :

Provided further that, nothing contained in sub-section (1) and the first
proviso shall affect the references already made by the Collector to the Courts
and pending before the Courts immediately before the commencement of the
Amendment Act ; and such references shall be disposed off by the concerned
Courts as if the Amendment Act has not been passed.

1 Sub-section (6) was substituted, Mah. 30 of 1997, s. 3(e).
2 These sections were substituted for section 32B by Mah. 18 of 1989, s. 3.
3 These words were inserted by Mah. 20 of 2015, s. 9(i).

Mah.
XVIII of
1989.

28

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Revision.

Examination
and impound-
ing of instru-
ments.

(2) No appeal and no application for revision shall lie against the order
of  the 1[Additional  Controller  of  Stamps,  Mumbai  or  the]  Deputy  Inspector
General of Registration and Deputy Controller of Stamps, passed under sub-
section  (1).

32C. Subject to the provisions of section 32B and any rules which may
be  made  in  this  behalf  by  the  State  Government,  the  Chief  Controlling
Revenue  Authority  may, suo  motu,  call  for  and  examine  the  record  of  any
order  passed  (including  an  order  passed  in  appeal)  under  this  Act  or  the
rules  made  thereunder,  by  any  officer  and  pass  such  order  thereon  as  he
thinks just and proper; and the order so passed shall be final and shall not be
called in question in any Court or before any authority :

Provided  that,  no  notice  calling  for  the  record  under  this  section  shall
be  served  by  the  Chief  Controlling  Revenue  Authority  after  the  expiry  of
three years from the date of communication of the order sought to be revised
and no order of revision, shall be made by the said Authority hereunder after
the expiry of five years from such date :

Provided further that, no order shall be passed under this section which
adversely affects any person, unless such person has been given a reasonable
opportunity  of  being  heard.]

CHAPTER   IV.
INSTRUMENTS NOT DULY STAMPED.

33.

(1) 2[Subject to the provisions of section 32A, every person]  having
by law or consent of parties authority to receive evidence,  and every person
in charge of a public office, except an officer of  police 3[or any  other officer,
empowered  by  law  to  investigate  offences  under  any  law  for  the  time  being
in force,] before whom any instrument, chargeable, in his opinion, with duty,
is produced or comes in the performance of his functions shall, if it appears
to  him  that  such  instrument  is  not  duly  stamped,  impound  the  same
4[irrespective  whether  the  instrument  is  or  is  not  valid  in  law.]

(2) For that purpose every such person shall examine every instrument
so  chargeable  and  so  produced  or  coming  before  him  in  order  to  ascertain
whether it is stamped with a stamp of the value and description required by
the  law  for  the  time  being  in  force  in  the  State  when  such  instrument  was
executed  or  first  executed  :

Provided  that—

(a) nothing  herein  contained  shall  be  deemed  to  require  any
Magistrate  or  Judge  of  Criminal  Court  to  examine  or  impound,  if  he
does  not  think  fit  so  to  do,  any  instrument  coming  before  him  in  the
course of any proceeding other than a proceeding under 5[Chapter IX or
Part D of Chapter X of the Code of Criminal Procedure, 1973];

2 of
1974.

1 These words were inserted by Mah. 20 of 2015, s. 9(ii).
2 These  words  were  substituted  for  the  words  “Every  person”  by  Mah.  16  of  1979,

s. 8.

3 These words were inserted by Mah. 27 of 1985, s. 20(a)(i).
4 These words were added Mah. 27 of 1985, s. 20 (a)(ii).
5 These words, figures and letter were substituted for the words and figures “Chapter XII or

Chapter XXXVI of the Code of Criminal Procedure, 1998” Mah. 27 of 1985, s. 20(b).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

29

(b) in  the  case  of  a  Judge  of  a  High  Court,  the  duty  of  examining
and impounding any instrument under this section may be delegated to
such officer as the Court may appoint in this behalf.

(3) For the purposes of this section, in cases of doubt,—

(a) the  State  Government  may  determine  what  offices  shall  be

deemed to be public offices ; and

(b) the  State  Government  may  determine  who  shall  be  deemed  to

be  persons in  charge  of public  offices.

XVI of
1908.

1[33A. When  through  mistake  or  otherwise  any  instrument  which    is
not  duly  stamped  is  registered  under  the  Registration  Act,  1908,  the
registering  officer  may  call  for  the  original  instrument  from  the  party  and,
after giving the party an opportunity of being heard and recording the reasons
in writing and furnishing a copy thereof to the party, impound it. On failure
to  produce  such  original  instrument  by  the  party,  a  true  copy  of  such
instrument  taken out  from the  registration record  shall, for  the purposes  of
this section, be  deemed to be original  of such instrument.]

Impounding of
instrument
after registra-
tion.

34. No  instrument  chargeable  with  duty 2*  *  *  *  shall  be  admitted  in
evidence  for  any purpose  by  any  person having  by  law  or consent  of  parties
authority  to  receive  evidence,  or  shall  be  acted  upon,  registered  or
authenticated  by  any  such  person  or  by  any  public  officer  unless    such
instrument is duly stamped 3[or if the instrument is written on sheet of paper
with impressed stamp 4[such stamp paper is purchased in the name of one of
the  parties  to  the  instrument ]]:

Instruments
not duly
stamped
inadmissible
in evidence,
etc.

Provided  that,—

5[(a)  any  such  instrument  shall,  subject  to  all  just  exceptions,  be

admitted  in  evidence  on  payment  of—

(i) the duty with which the same is chargeable, or in the case of an
instrument insufficiently stamped, the amount required to make up such
duty, and

6[(ii)  a  penalty  at  the  rate  of  2  per  cent.  of  the  deficient  portion  of
the stamp duty for every month or part thereof, from the date of execution
of  such  instrument :

Provided  that,  in  no  case,  the  amount  of  the  penalty  shall  exceed

7[four  times]  the  deficient  portion  of  the  stamp  duty ;]

(b) where  a  contract  or  agreement  of  any  kind  is  effected  by
correspondence  consisting  of  two  or  more  letters  and  any  one  of  the
letters  bears  the  proper  stamp,  the  contract  or  agreement  shall  be
deemed  to  be  duly  stamped ;

1 Section 33A was inserted by Mah. 27 of 1985, s. 21.
2 The brackets, words, figures and letter “(not being any instrument referred to in sub-section (2)

of section 32A)” were deleted by Mah. 29 of 1994, s. 2(1).

3 These words were inserted by Mah. 29 of 1994, s. 2(2).
4 These words were substituted for the portion beginning with the words “and the executor or one
of the executors” and ending with the words “the stamp paper is purchased” by Mah. 9 of 1997,
s. 10.

5 Clause (a) was substituted for the original by Mah. 27 of 1985, s. 22(a).
6 Sub-clause (ii) was substituted by Mah. 22 of 2001, s. 4.
7 These words were substituted for the word “double” by Mah. 20 of 2015, s. 10.

H 2351—5

30

Maharashtra  Stamp  Act

[1958 : Bom.  LX

(c) nothing  herein  contained  shall  prevent  the  admission  of  any
instrument  in  evidence  in  any  proceeding  in  a  Criminal  Court,  other
than  a  proceeding 1[under  Chapter  IX  of  Part  D  of  Chapter  X  of  the
Code  of  Criminal  Procedure,  1973] ;

2 of
1974.

(d) nothing  herein  contained  shall  prevent  the  admission  of  any
instrument in any Court when such instrument has been executed by or
on  behalf  of  the  Government  or  where  it  bears  the  certificate  of  the
Collector as provided by section 32 or  any other provision of this Act ;

2[(e) nothing herein contained shall prevent the admission of a copy
of  any  instrument  or  of  an  oral  admission  of  the  contents  of  any
instrument,  if  the  stamp  duty  or  a  deficient  portion  of  the  stamp  duty
and penalty as specified in clause (a) is paid.]

Admission of
instrument
where not to
be questioned.

35. Where an instrument has been admitted in evidence, such admission
shall not, except as provided in section 58, be called in question at any stage
of  the  same  suit  or  proceeding  on  the  ground  that  the  instrument  has  not
been  duly  stamped.

Admission of
improperly
stamped
instrument.

36. The  State  Government  may  make  rules  providing  that,  where  an
instrument  bears  a  stamp  of  sufficient  amount  but  of  improper  description,
it may, on payment of the duty with which the same is chargeable, be certified
to be duly stamped, and any instrument so certified shall then be deemed to
have been duly stamped as from the date of its execution.

Instruments
impounded
how dealt
with.

37.

(1) When  the  person  impounding  an  instrument  under  section  33
has  by  law  or  consent  of  parties  authority  to  receive  evidence  and  admits
such instrument in evidence upon payment of a penalty as provided by section
34  or  of  duty  as  provided  by  section  36,  he  shall  send  to  the  Collector  an
authenticated copy of such instrument, together with a certificate in writing,
stating  the  amount  of  duty  and  penalty  levied  in  respect  thereof,  and  shall
send  such  amount  to  the  Collector,  or  to  such  person  as  he  may  appoint  in
this behalf.

3[(2) In every other case, a person so impounding the original instrument
shall  prepare  an  authentic  copy  of  such  instrument  and  where  it  is  a  true
copy or an abstract referred to in section 31 or true copy referred to in section
33A, he shall send such authentic copy or, the true copy or, as the case may
be,  an  abstract  to  the  Collector,  for  the  purpose  of  taking  action  on  the
authentic copy or a true copy or, as the case may be, an abstract as if it were
the  original  instrument  and  endorsing  thereon  a  certificate  with  reference
to  the  instrument  under  clause  (a)  of  sub-section  (1)  of  section  39  or  under
sub-section (1) of section 41, as the case may be. On receipt of the authentic
copy, the true copy or, as the case may be, an abstract with the certificate as
aforesaid  endorsed  thereon,  the  person  who  has  impounded  the  original
instrument shall copy on the original instrument the certificate endorsed on
the authentic copy and shall authenticate such certificate; and where it is a
true copy or an abstract on which the certificate as aforsaid is endorsed, the
registering officer who has forwarded the true copy or an abstract shall make
appropriate entries in respect of the instrument of which it was a true copy
or  an  abstract,  in  the  relevant  register  maintained  by  him  and  on  an

1 These  words,  figures  and  letter  were  substituted  for  the  words  and  figures  “under  Chapter  XII  or

Chapter XXXVI of the Code of Criminal Procedure, 1998” by Mah. 27 of 1985, s. 22(b).

2 Clause (e) was added by Mah. 27 of 1985, s. 22 (c).
3 Sub-section (2) was substituted for the original by Mah. 27 of 1985, s. 23.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

31

application made in this behalf issue under his signature a certificate to the
effect 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 of that instrument,
and the name and residence of the person paying such duty and penalty.]

38.

[ Collector’s  power  to  refund  penalty  paid  under  section  37,  sub-

section (1). (Deleted by Mah. 20 of 2015, s. 11) ]

39.

(1) When  the  Collector  impounds  any  instrument  under  section
33,  or  receives  any  instrument  sent  to  him  under  sub-section  (2)  of  section
37, not being an instrument chargeable with a duty of twenty naye paise, or
less,  he  shall  adopt  the  following  procedure  :—

Collector’s
power  to
stamp
instruments
impounded.

(a) if he is of opinion that such instrument is duly stamped or is not
chargeable with duty, he shall certify by endorsement thereon that it is
duly stamped, or that it is not so chargeable, as the case may be ;

(b) if he is of opinion that such instrument is chargeable with duty
and is not duly stamped he shall require the payment of the proper duty
or the amount required to make up the same, together with a penalty of
1[an  amount  equal  to 2[2  per  cent  of  the  deficient  portion  of  the  stamp
duty, for every month or part thereof] from the date of execution of the
instrument subject to the payment of a minimum penalty of rupees one
hundred ]  :

3[Provided that, in no case, the amount of the penalty shall exceed

4[four  times]  the  deficient  portion  of  the  stamp  duty :]

5[Provided further that], when such instrument has been impounded
only because it has been written in contravention of section 13 or  section
14, the Collector may, if he thinks fit, remit the whole penalty prescribed
by this  section.
(2) 6[Subject  to  the  provisions  of  section  53A,  every  certificate]  under
clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive
evidence  of  the  matters  stated  therein.

(3) Where an instrument has been sent to the Collector under sub-section
(2) of section 37 the Collector shall, when he has dealt with it as provided by
this  section,  return  it  to  the  impounding  officer.

40.

If any instrument chargeable with duty and not duly stamped, not
being  an  instrument  chargeable  with  a  duty  of  twenty  naye  paise  or  less  is
produced  by  any  person  of  his  own  motion  before  the  Collector  within  one
year from the date of its execution or first execution, and such person brings
to the notice of the Collector the fact that such instrument is not duly stamped
and offers to pay to the Collector the amount of the proper duty, or the amount
required to make up the same, and the Collector 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,

1 This  portion  was  substituted  for  the  portion  beginning  with  the  words  “ five  rupees ”  and

ending with the words “ falls short of five rupees ” by Mah. 9 of 1997, s. 11.

2 These words were substituted for the words “ twenty four per cent., of the deficit portion of the

stamp duty, for every year or part thereof ” by Mah. 30 of 1997, s. 4.

3 This proviso was inserted by Mah. 22 of 2001, s. 5(a).
4 These words were substituted for the word “double” by Mah.  2 of 2015, s.12.
5 These words were substituted for the words “Provided that” by Mah. 22 of 2001, s. 5(b).
6 These words, figures and letter were substituted for the words “ Every Certificate ” by Mah. 27

of 1985, s. 24.

H 2351—5a

Instruments
unduly
stamped by
accident.

32

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Endorsement
of instru-
ments on
which duty
has been paid
under section
34, 39 or 40.

receive  such  amount  and  proceed  as  next  hereinafter  prescribed 1[with  the
prior approval of the Additional Controller of Stamps, Mumbai for the areas
in Mumbai City and Mumbai Suburban Districts and for the other areas the
Deputy Inspector General of Registration and Deputy Controller of Stamps].

41.

(1) When  the  duty  and  penalty  (if  any)  leviable  in  respect  of  any
instrument 2[(not being any instrument referred to in sub-section (1) of section
32A),] have  been paid under  section 34, section 39  or section 40,  the person
admitting such instrument in evidence or the Collector, 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.

(2) 3[Subject  to  the  provisions  of  section  53A,  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 4[on  the  application  in  this  behalf,  to  the  person  who  produced
it, or to the person from whose possession it came into the hands of the Officer
impounding  it,  or  to  any  other  person  according  to  the  directions  of  such
person  :]

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 Collector has certified that its further detention is necessary and
has  not  cancelled  such  certificate  ;

(b) nothing  in  this  section  shall  affect  the  provisions  of  rule  9  of

Order XIII in Schedule I of the Code of Civil Procedure, 1908.

V of
1908.

Prosecution
for offence
against
stamp law.

42. The  taking  of  proceedings  or  the  payment  of  a  penalty  under  this
Chapter  in  respect  of  any  instrument  shall  not  bar  the  prosecution  of  any
person who appears to have committed an  offence against the stamp law 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 Collector that the offence was committed with an intention of evading
payment  of  the  proper  duty.

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

43.

(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.

1 These words were added by Mah. 20 of 2015, s. 13.
2 These brackets, words, figures and letter were inserted by Mah. 16 of 1979, s. 10.
3 These words, figures and letters were substituted for the words “Every instrument” by Mah. 27

of 1985, s. 25(a).

4 This portion was substituted for the portion beginning with the words “on his application” and

ending with the words “ such person may direct :” by Mah. 27 of 1985, s. 25(b).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

33

(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
1[for the reasons to be recorded in writing,] include the amount in such order,
no further proceedings for the recovery of the amount shall be maintainable.

44.

(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 Authority stamp duty
in excess of that which is legally chargeable has been charged and paid under
section  34  or  section  39,  such  authority  may,  upon  application  in  writing
made  by  the  party  concerned  within 2[one  year]  from  the  date  of  receipt  of
the  order charging  the  same,  refund the  excess.

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

45.

(1) If any instrument sent to the Collector 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.

(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.

Non-liability
for loss of
instruments
sent under
section 37.

46.

3[(1)] All duties, penalties and other sums required to be paid under
this 4[Act]  may  be  recovered  by  the  Collector  by  distress  and  sale  of  the
moveable property of the person from whom the same are due, or as an arrear
of  land  revenue.

Recovery of
duties and
penalties.

5[(2)  For  the  purpose  of  effecting  such  recovery,  as  arrears  of  land

revenue,—

(a) the Cheif Controlling Revenue Authority shall have and exercise
all  the  powers  and  perform  all  the  duties  of  the  Commissioner  under
the Maharashtra Land Revenue Code, 1966 ;

(b)  the  officer  appointed  as  the  Collector  under  clause  (f)  of
section  2  shall  have  and  exercise  all  the  powers  and  perform  all  the
duties  of  the  Collector  under  the  said  Code.

(3)  Every  notice  issued  or  order  passed  in  exercise  of  the  powers
conferred by sub-section (2) shall, for the purposes of this Act, be deemed
to be a notice issued or an order passed under this Act.]

1 These words were inserted by Mah. 27 of 1985, s. 26.
2 These words were substituted for the words “three months”, ibid., s. 27.
3 Section 46 was renumbered as sub-section (1) thereof by Mah. 30 of 1997, s. 5.
4 This word was substituted for the word “ Chapter ” by Mah. 17 of 1993, s. 35.
5 Sub-section (2) was added by Mah. 30 of 1997, s. 5.

Mah.
XLI of
1966.

34

Maharashtra  Stamp  Act

[1958 : Bom.  LX

CHAPTER  V

ALLOWANCES FOR STAMPS IN CERTAIN CASES

Allowance for
spoiled
stamps.

47. Subject to such rules as may be made by the State Government as
to the evidence to be required, or the enquiry to be made, the Collector 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  :—

(a) the  stamp  on  any  paper  inadvertently  and  undersignedly
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 1[by  the party]  to be  absolutely

void in law from the beginning ;

2[(1A) has been afterwards found by the Court, to be absolutely
void  from  the  beginning  under  section  31  of  the  Specific  Relief
Act, 1963 ;]

47 of
1963.

(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 is 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 by some other instrument between the same
parties and bearing a stamp of not less value ;

(7) is  deficient  in  value  and  the  transaction  intended  to  be
thereby  effected  had  been  effected  by  some  other  instrument
between the same parties and bearing a stamp of not less value ;

1 These words were inserted by Mah. 27 of 1985, s. 28(a)(i).
2 Clause (1A) was inserted by Mah. 27 of 1985, s. 28 (a) (ii).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

35

(8) is  inadvertently  and  undersignedly  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,  1[except
that  falling  under  sub-clause  (1A)],  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 2[to  be
cancelled or has been already given up to the Court to be cancelled.]

Explanation.—The  certificate  of  the  Collector  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.

48. The  application  for  relief  under  section  47  shall  be  made  within

the following  period, that is  to say,—

(1)  in  the  cases  mentioned  in  clause  (c)(5),  within 3[six  months]  of

the date of the instruments :

Application
for relief order
under section
47 when to be
made.

XVI of
1908.

4[Provided that, where an agreement to sale of immovable property
on  which  stamp  duty  is  paid  under  Article  25  of  the  SCHEDULE  I,  is
registered  under  the  provisions  of  the  Registration  Act,  1908  and
thereafter such agreement is cancelled by a registered cancellation deed
for  whatsoever  reasons  before  taking  the  possession  of  the  property
which  is  the  subject  matter  of  such  agreement,  within  a  period  of  five
years  from  the  date  of  execution  of  the  agreement  to  sale,  then  the
application  for  relief  may  be  made  within  a  period  of  six  months  from
the  date  of  registration  of  cancellation  deed.]

5[(2) in the case when for unavoidable circumstances any instrument
for which another instrument has been substituted cannnot be given up
to be cancelled, the application may be made within six months after the
date  of  execution  of  the  substituted  instruments ;

(3) in any other case, within 6[six months] from the date of purchase

of stamps].

49. The  Chief  Controlling  Revenue  Authority  or  the  Collector  if
empowered  by  the  Chief  Controlling  Revenue  Authority  in  this  behalf  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 :

Allowance in
case of
printed forms
no longer
required by
Corporations.

Provided that such authority is satisfied that the duty in respect of such

stamped papers has been duly paid.

1 These words, brackets, figures and letter were inserted by Mah. 27 of 1985, s. 28 (b) (i).
2 These words were inserted for the words “ to be cancelled ” by Mah. 27 of 1985, s. 28 (b) (ii).
3 These  words  were  substituted  for  the  words  “ two  months ”  by  Mah.  27  of  1985,

s. 29(a).

4 This proviso was substituted by Mah. 20 of 2015, s. 14.
5 Clauses (2) and (3) were substituted for the original clauses (2) and (3) and the proviso thereto

by Mah. 27 of 1985, s. 29 (b).

6 These words were substituted for the words “ one year ” by Mah. 18 of 1989, s. 4.

36

Allowance for
misused
stamps.

Allowance for
spoiled or
misused
stamps how
to be made.

Allowance for
stamps  not
required for
use.

Maharashtra  Stamp  Act

[1958 : Bom.  LX

50.

(1)  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

(2)  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  provisions  of  section  13  ;
the Collector may, on application made within 1[six months] after the date of
the instrument, or, if it is not dated, within 1[six months] 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.

2[51.

In any case in which allowance is made for spoiled stamps under
section 47, or misused stamps under section 50, or in respect of printed forms
no longer required under section 49, the Collector may give, in lieu thereof,—

(a) the  same  value  in  money,  deducting 3[therefrom  such  amount
as  may  be  prescribed  by  rules  made  in  this  behalf  by  the  State
Government] ;  or

(b) if the applicant so requires, other stamps of the same description

and value ; or

(c) if  the  applicant  so  requires,  stamps  of  any  other  description  of

the same amount in value :

Provided  that,  in  the  cases  covered  by  clauses  (b)  and  (c)  a  stationery
charge  as  may  be  prescribed  by  rules  made  by  the  State  Government,  shall
also be recovered in respect of spoiled or misused stamp papers, surrendered.]

52. 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 Collector shall repay to such person the
value of such stamp or stamps in money, deducting 4[thereform such amount
as may be prescribed by rules made in this behalf by the State Government]
upon such person delivering up the same to be cancelled, and proving to the
Collector's  satisfaction,—

(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[six  months]

next  preceding  the  date  on  which  they  were  so  delivered  :

Provided  that,  where  the  person  is  a  licensed  vendor  of  stamp,  the
Collector may, if he thinks fit, make the repayment of the sum actually paid
by the vendor  without any such deduction  as aforesaid.

1 These words were substituted for the words “one year”  by Mah. 18 of 1989, s. 5.
2 Section 51 was substituted for the original by Mah. 27 of 1985, s. 31.
3 These words were substituted for the words, “ ten paise for each rupee or fraction of a rupees of
the total value of the stamps or rupees twenty-five for each stamp, whichever is less ;” by Mah.
18 of 1989, s. 6.

4 These words were substituted for the words “ ten paise for each rupee or portion of a rupee or

rupees twenty-five for each stamp, whichever is less,”, by Mah. 18 of 1989, s. 7(1).

37

Allowance for
duty.

Invalidation
of stamps and
saving.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

1[52A.

(1) Notwithstanding  anything  contained  in  sections  47,  50,  51
and 52, when payment to duty is made by stamps or in cash as provided for
under  sub-section  (3)  of  section  10  or  section  10A  or  section  10B,  and  when
the amount of duty paid exceeds rupees 2[five lakhs], the concerned Collector
shall not make allowance for the stamps, or the cash amount paid under the
Challans which are spoilt or misused or not required for use, but shall, after
making necessary enquiries, forward the application with his remarks thereon
to,—

(a) the  Additional  Controller  of  Stamps  for  the  cases  handled  by
the  Collectors  working  in  the  Mumbai  City  District  and  Mumbai
Suburban District; and

(b) the  concerened  Deputy  Inspector  General  of  Registration  and
Deputy Controller of Stamps of the division for the cases handled by the
Collectors  other  than  those  mentioned  in  clause  (a).

(2) The  Additional  Controller  of  Stamps  or,  the  concerned  Deputy
Inspector  General  of  Registration  and  Deputy  Controller  of  Stamps  of
the division, as the case may be, on receiving such application consider
the same and decide whether such allowance shall be given or not, and
accordingly  shall,  grant  the  same,  if  the  amount  of  allowance  does  not
exceed rupees 3[twenty lakhs], and if, it exceeds rupees 4[twenty lakhs],
shall  submit  such  application,  with  his  remarks  thereon  to  the  Chief
Controlling  Revenue  Authority  for  decision.

(3) The  Chief  Controlling  Revenue  Authority  on  receiving  such
application shall decide on merit whether such allowance shall be given
or not, and pass such order thereon as he thinks just and proper, which
shall  be  final  and  shall  not  be  questioned  in  any  court  or  before  any
authority.]

5[52B. Notwithstanding  anything  contained  in  sections  47,  50,  51  and

52,—

(a) Any stamps which have been purchased but have not been used
or  in  respect  of  which  no  allowance  has  been  claimed  on  or  before  the
day  immediately  preceding  the  date  of  commencement  of  the  Bombay
Stamp  (Amendment)  Act,  1989  (hereinafter  referred  to  as  “ the
commencement  date ”)  and  the  period  of  six  months  from  the  date  of
purchase of such stamps has not elapsed before the commencement date,
may be used before a period of six months from the date of purchase of
such stamps is completed, or delivered for claiming the allowance under
the  relevant  provision  of  this  Act;  and  any  stamps  not  so  used  or  so
delivered  within  the  period  aforsaid  shall  be  rendered  invalid.

(b)  Any  stamps  which  have  been  purchased  on  or  after  the
commencement  date  but  have  not  been  used,  or  no  allowance  has  been
claimed in  respect thereof, within  a period of  six months from  the date
of  purchase  thereof,  shall  be  rendered  invalid.]

1 Section 52A was substituted for the original by Mah. 12 of 2006, s. 3.
2 These words were substituted for the words “one lakh” by Mah. 20 of 2015, s. 15(a).
3 These words were substituted for the words “ten lakh” by Mah. 20 of 2015, s. 15(b).
4 These words were substituted for the words “ten lakh” by Mah. 20 of 2015, s. 15(b).
5 Section 52B was inserted by Mah. 18 of 1989, s. 8.
H 2351—6

Bom.
XVIII of
1989.

38

Maharashtra  Stamp  Act

[1958 : Bom.  LX

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

Revision of
Collector’s
decision under
sections 32,
39 and 41.

CHAPTER  VI.
1[REFERENCE, REVISION AND APPEAL]

53.

(1) The  powers  exercisable  by  a  Collector  under 2[Chapter  III],
Chapter  IV  and  Chapter  V  and  under  clause  (a)  of 3[the  second  proviso]  to
section 27 shall in all cases be subject to the control of the Chief Controlling
Revenue  Authority :

4[Provided  that  nothing  contained  in  this  sub-section  shall  apply 5[in
relation  to  any  order  of  the  Collector  of  the  District  determining  the  true
market value of the immoveable property which is the subject-matter of the
instrument]  referred  to  in  sub-section  (1)  of  section  32A].

6[(1A) Any person aggrieved by an order of the Collector under Chapter
III,  Chapter  IV,  Chapter  V  and  under  clause  (a)  of  the  second  proviso  to
section 27 may, within sixty days from the date of receipt of such order, by an
application in writing, accompanied by a fee of three hundred rupees, file an
appeal  against  such  order  to  the  Chief  Controlling  Revenue  Authority,  who
shall,  after  giving  the  parties  a  reasonable  opportunity  of  being  heard,
consider  the  case  and pass  such  order  thereon  as  he thinks  just  and  proper
and the order so passed shall be final.]

(2) If  any  Collector,  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.

(3) Such authority 7[after giving the parties a reasonable opportunity of
being  heard,]  shall  consider  the  case  and  send  a  copy  of  its  decision  to  the
Collector,  who  shall  proceed  to  assess  and  charge  the  duty  (if  any)  in
conformity  with  such  decision.

8[53A.

(1)  Notwithstanding  anything  contained  in  sub-section  (3)  of
section 32, sub-section (2) of section 39 and sub-section (2) of section 41, when
through mistake or otherwise any instrument is charged with less duty than
leviable thereon or is held not chargeable with duty, as the case may be, by
the Collector, the Chief Controlling Revenue Authority may, within a period
of six years from the date of certificate of the Collector under sections 32, 39
or 41, as the case may be, require the concerned party to produce before him
the  instrument and,  after giving  a reasonable  opportunity of  being heard  to
the party, examine such instrument whether any duty is chargeable, or any
duty is less levied, thereon and order the recovery of the deficit duty, if any,
from  the  concerned  party.  An  endorsement  shall  thereafter  be  made  on  the
instrument  after payment  of  such deficit  duty.

(2) On failure to produce the original instrument by the party, the Chief
Controlling Revenue Authority shall proceed under this section on the basis
of  the  true  copy  or  an  abstract  of  the  instrument  filed  with  the  Collector

1 This heading was substituted for the heading “ REFERENCE AND REVISION ” by Mah. 9 of

1997, s. 12.

2 These words and figures were inserted by Mah. 27 of 1985, s. 34(a)(i).
3 These words were substituted for the words “ the first proviso ” by Mah. 27 of 1985, s. 34(a)(ii).
4 This proviso was added by Mah. 16 of 1979, s. 11.
5 These words were substituted for the words “ in relation to any instrument ” by Mah. 9 of 1997,

s. 13.

6 Sub-section (1A) was inserted by Mah. 9 of 1997, s. 13.
7 These words were inserted by Mah. 27 of 1985, s. 34(b).
8 Section 53A was inserted by Mah. 27 of 1985, s. 35.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

39

under  section  31  or  sub-section  (2)  of  section  37  and  such  copy  or  abstract
shall be deemed to be the original instrument for the purposes of this section.]

54.

1[(1) The Chief Controlling Revenue Authority may state any case—
(a) referred to it under sub-section (2) of section 53 ;
(b)  on  an  application  made  to  it  by  party  interested,  within  the
period,  which  in  the  opinion  of  the  Authority  is  reasonable,  raising  a
subtantial question of law for referring the same ; or

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

(c)  otherwise  coming to  its  notice  ;

and refer such case formulating the precise question 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.

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 High 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 High
Court may direct in that behalf.

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

56.  (1) The  High  Court  upon  the  hearing  of  any  such  case  shall  decide
the question raised thereby, and shall deliver its judgement thereon containing
the  grounds  on  which  such  decision  is  founded.

Procedure in
disposing of
case stated.

(2)  The  High  Court  shall  sent  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 2[,  pass  such  orders  as  are  necessary  for  disposal  of  the  case
conformably  to  such  judgment.]

57.

(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 clause (a) of the
proviso  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.

Statement of
case by other
Courts to
High Court.

(2) The  High  Court  shall  deal  with  the  case  as  if  it  had  been  referred
under  section  54,  and  send  a  copy  of  its  judgement  under  the  seal  of  the
Court  and  the  signature  of  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
judgement.

(3) Reference  made  under  sub-section  (2),  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.

3[(4)  Without  prejudice  to  the  provisions  of  section  58,  no  Court  shall

take  action  under  this  section,—

(a) where the instrument has already been impounded or a penalty
is levied in respect thereof under clause (a) of the proviso to section 34 ;
or

(b) in the case to which section 35 applies.]

1 Sub-section (1) was substituted for the original by Mah. 27 of 1985, s. 36.
2 These words were substituted for the words “ dispose of the case conformably to such judgement ”

by Mah. 27 of 1985, s. 37.

3 Sub-section (4) was added by Mah. 27 of 1985, s. 38.
H 2351—6a

40

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

Maharashtra  Stamp  Act

[1958 : Bom.  LX

2 of
1974.

58.

(1) When any Court in the exercise of its civil or revenue jurisdiction
or  any  Criminal  Court  in  any  proceeding 1[under  Chapter  IX  or  Part  D  of
Chapter  X  of  the  Code  of  Criminal  Procedure,  1973,]  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 reference are made by, such first mentioned Court
may, of its own motion or on the application of the Collector, take such order
into  consideration.

(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,
2[and  may  require,—

(i) the party or person concerned to make the payment of the proper
duty  or  the  amount  required  to  make  up  the  same,  together  with  a
penalty under section 34, or payment of a higher duty and penalty than
those  paid,  to  itself  or  to  the  Collector ;  and

(ii) 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  Collector,  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.

3[(3A) When the duty and penalty leviable in respect of any instrument
in accordance with the declaration made under sub-section (3) and required
to  be  paid  thereunder  are  paid  to  the  Court  or  to  the  Collector,  then  the
Court  or,  as  the  case  may  be,  the  Collector  shall  certify  by  endorsement
thereon that  the proper duty  and penalty, stating  the amount of  each, have
been levied in respect of such instrument, and the name and residence of the
person  paying  the  same.

(3B) Every instrument so endorsed shall thereupon be delivered, on an
application in this behalf, to the person from whose possession the instrument
came  in  the  possession  of  such  Court,  or  as  such  person  may  direct,  to  any
other  person  authorised  by  him.]

(4)  The  Collector  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 Collector considers him to have committed
in respect of such instrument :

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,
4[is paid to the  Court or the Collector, unless the  Collector thinks] that
the offence was committed with an intention of evading payment of the
proper  duty,

1 These words, figures and letters were substituted for the words and figures “ under Chapter
XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, ” by Mah. 27 of 1985, s. 39(a).
2 This portion was substituted for the portion beginning with the words, “ and may require ” and

ending with the words  “ the same when produced ” by Mah. 27 of 1985, s. 39(b).

3 Sub-sections (3A) and (3B) were inserted by Mah. 27 of 1985, s. 39(c).
4 These words were substituted for the words “ is paid to the Collector, unless he thinks ” by

Mah. 27 of 1985, s. 39(d).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

41

(b) except for the purposes 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
OFFENCE AND PROCEDURE

59.

(1) 1[Any person who, with the intention to evade the duty, executes
or  signs]  otherwise  than  as  a  witness  any  instrument  chargeable  with  duty
without  the  same  being  duly  stamped  shall,  on  conviction,  for  every  such
offence 2[be punished with rigorous 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 :]

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, on conviction, be punished with fine which may extend to five hundred
rupees.

3[59A. No person shall be prosecuted under section 59, in respect of an
instrument  which  was  produced  in  Court  and  which  was  admitted  after  a
decision by the Court that the said instrument was duly stamped or that no
stamp  was  required.]

60. Any  person  who  in  a  clearance  list  makes  a  declaration  which  is
false or which he either knows or believes to be false, shall, on conviction, be
punished  with 4[rigorous  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.]

61. Any  person  required  by  section  12  to  cancel  an  adhesive  stamp,
fails to cancel such stamp in the manner prescribed by that section he shall,
on conviction, be punished with fine which may extend to one hundred rupees.

62. 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

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

No prosecu-
tion under
section 59, if
instrument
admitted by
Court.

Penalty for
making false
declaration on
clearance list.

Penalty for
failure to
cancel
adhesive
stamp.

Penalty for
omission to
comply with
provisions of
section 28.

1 These words were substituted for the words “ Any person executing or signing ” by Mah. 27 of

1985, s. 40.

2 These words  were substituted for  words “ be punished  with fine  which may extend  to five

hundred rupees ” by Mah. 18 of 1989, s. 9.

3 Section 59A was inserted by Mah. 27 of 1985, s. 41.
4 These words were substituted for the words “ imprisonment for a term which may extend to six
months or with fine which may extend to five hundred rupees or with both ” by Mah. 18 of 1989,
s. 10.

42

Maharashtra  Stamp  Act

[1958 : Bom.  LX

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

Non-remit-
tance of
stamp duty
within
prescribed
time to be
offence.

(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

(c) 1[makes any false statement or does any other act] calculated to
deprive the Government of any duty or penalty under this Act, shall, on
conviction,  be  punished  with  fine  which  may  extend  to  five  thousand
rupees.

63.

(a) Any  person  appointed  to  sell  stamps  who  disobeys  any  rule

made under section 69 ; and

2 [(b) any person not so appointed, who carries on business of dealing in
stamps other than adhesive stamps of twenty paise or of lesser value,] shall,
on  conviction,  be  punished  with 3[rigorous  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].

4[63A.

(1)  Any  person  who,  before  the  date  of  commencement  of  the
Maharashtra  Tax  Laws  (Levy,  Amendment  and  Validation)  Act,  1997
(hereinafter, in this section, referred to as “ the said date ”), has collected or
any time after the said date collects, from any person, any sum purporting to
be towards the payment of stamp duty, shall within 120 days from the said
date or, as the case may be, within 30 days from the date of collection of such
amount,  remit  the  same  in  Government  Treasury  or  General  Stamp  Office,
Mumbai, or any other place as the State Government may, by notification in
the Official Gazette, specify in this behalf.

(2)  Whoever  contravenes  the  provisions  of  sub-section  (1)  shall,  on
conviction,  be  punished  with  rigorous  imprisonment  for  a  term  which  shall
not be less than one month but which may extend to six months and with a
fine which  may extend to five  thousand rupees.]

Mah.
XXX of
1997.

Institution
and conduct of
prosecutions.

64.

(1) No prosecution in respect of any offence punishable under this
Act  or  any  Act  hereby  repealed  shall  be  instituted  without  the  sanction  of
the Collector or such other officer as the State Government generally, or the
Collector  specially,  authorises  in  that  behalf.

(2) The Chief Controlling Revenue Authority or any officer generally or
specially  authorised  by  it  in  this  behalf,  may  stay  any  such  prosecution  or
compound  any  such  offence.

(3) The  amount  of  any  such  composition  shall  be  recoverable  in  the

manner  provided  by  section  46.

65.

(Jurisdiction to try offences.) [deleted by Mah. 27 of 1985 section 44.]

1 These words were substituted for the words “ does any other act ” by Mah. 27 of 1985, s. 42.
2 Clasue (b) was substituted for the original by Mah. 27 of 1985, s. 43.
3 These words were substituted for the words “ imprisonment for a term which may extend to six
months or with fine which may extend to five hundred rupees or with both ” by Mah. 18 of 1989,
s. 11.

4 This section was inserted by Mah. 30 of 1997, s. 7.

43

Place of trial.

Books, etc. to
be open to
inspection.

Obligation to
furnish
information.

Powers to
inspect and
call for
information.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

1[66. Every  offence  under  this  Act  committed  in  respect  of  any
instrument may be tried in any district or a Metropolitan area in which such
instrument  is  executed  or  found  or  where  such  offence  is  triable  under  the
Code  of  Criminal  Procedure,  1973].

2 of
1974.

CHAPTER  VIII
SUPPLEMENTAL PROVISIONS

67. Every  public  officer  having  in  his  custody  any  registers,  books,
records, papers, documents 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,  shall  at  all  reasonable  times  permit  any  person
authorised in writing 2[by the State Government or] by the Collector to inspect
for  such  purpose,  the  register,  books,  papers,  documents  and  proceedings
and to take such notes and extracts as he may deem necessary without fee or
charge 3[and, if necessary, to seize and impound them under section 33].

4[67A.

(1) Any  such  individual,  institution,  organisation,  company  or
a  body  responsible  for  creating,  executing,  maintaining,  recording,  verifying
an  instrument  chargeable  with  duty  as  may  be  notified  by  the  State
Government  in  the Official  Gazette,  shall,  when  called  upon  by  any  officer
specifically  authorised  by  the  Chief  Controlling  Revenue  Authority  in  this
behalf, furnish information in the form and within the time limit specified by
the  Chief Controlling  Revenue  Authority.

(2) Any  such  individual,  institution,  organisation,  company  or  a  body
responsible  to  furnish  the  information  under  sub-section  (1)  fails  to  furnish
the same within the specified time, the Chief Controlling Revenue Authority
or any other officer authorised by him in this behalf, direct such defaulter to
pay  by  way  of  penalty,  a  sum  not  less  than  rupees  five  hundred  but  which
may extend to rupees ten thousand for each failure.]

5[68. Any officer not below the rank of collector having sufficient reason
to  believe  that,  it  is  necessary  to  inspect  or  call  for  any  registers,  books,
records, including a diskette, magnetic cartridge tape, CD-ROM or any other
computer  readable  media  or  any  electronic  record  mentioned  under  clause
(t)  of  sub-section  (1)  of  section  2  of  the  Information  Technology  Act,  2000,
papers,  documents,  instruments  or  proceedings  which  may  lead  to  the
discovery  of  any  fraud  or  omission  in  relation  to  any  duty,  shall,  at  all
reasonable  times  may  himself  or  through  any  officer  authorised  by  him  in
this  behalf,  who  shall  be  not  below  the  rank  of Gazetted  Group-B  officer  or
Sub-Registrar,  Grade-I  appointed  under  the  Registration  Act,  1908  or
Inspector of Stamps, enter in any premises and inspect the same in the custody
of any person, office, firm or any other entity and take such notes and extracts
as  he  may  deem  necessary,  without  payment  of  any  fee  or  charge,  and  if
necessary,  seize  and  impound  only  the  chargeable  documents  as  per  the
provisions  of  section  33.]

21 of
2000.

XVI of
1908.

1 Section 66 was substituted for the original by Mah. 27 of 1985, s. 45.
2 These words were inserted by Mah. 27 of 1985, s. 46(a).
3 These words were added by Mah. 27 of 1985, s. 46(b).
4 Section 67A was inserted by Mah. 20 of 2015, s. 16.
5 Section 68 was substituted by Mah. 20 of 2015, s. 17.

44

Prevention or
obstruction of
an officer to
be an offence.

Power to
make ruls.

Maharashtra  Stamp  Act

[1958 : Bom.  LX

1[68A.

If  any  person  prevents  or  obstructs  entry  of  any  officer
authorised under section 68 or fails to give any reasonable assistance to him,
he  shall,  on  conviction,  be  punished  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 rupees five thousand.]

2[69.

(1) The  State  Government  may,  by  notification  in  the Official
Gazette, make rules to carry out generally the purposes of this Act, and such
rules  may  provide  that  a  breach  thereof  shall,  on  conviction,  be  punished
with  fine  not  exceeding  five  hundred  rupees.

(2) Without  prejudice  to  the  generality  of  the  powers  conferred  by  sub-
section (1), and in particular such rules 3[may regulate, or provide for all or
any of the following matters, namely] :—

(a) the supply, sale and use of stamps and stamped papers ;

(b) the persons by whom alone such sale is to be conducted ; 4*

(c) the  duties  and  remuneration  of  such  persons ; 5*

6[(ca) the manner of payment of stamp duty, and refund thereof, by

e-payment ;]

7[(d) the manner of ascertaining the true market value of immovable

property ;  ]

8[(e)  the  procedure  for suo  motu  revision  proceedings  ;  and

(f)  the  amount to  be  deducted  from  the  allowance of  stamps  under

section 47, 50, 51, or 52 :]
Provided  that, such  rules  shall  not restrict  the  sale  of adhesive  stamps

of twenty  paise or of  lesser value.

(3) All rules made under this Act shall be made subject of the condition

of  previous  publication  in  the Official  Gazette.

9[Provided that, if State Government is satisfied that circumstances exists
which  render  it  necessary  to  take  immediate  action,  it  may  dispense  with
the condition of previous publication of any rule to be made under this section.]
(4) Every rule made under this section shall be laid, as soon as may be,
after  it  is  made,  before  each  House  of  the  State  Legislature  while  it  is  in
session for a total period of thirty days, which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making
any modification in the rule, or both Houses agree that the rule should not be
made,  and  notify  such  decision  in  the Official  Gazette,  the  rule  shall,  from
the date of publication of such notification, have effect only in such modified
form  or  be  of  no  effect,  as  the  case  may  be  ;  so,  however,  that  any  such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything  previously  done  or  omitted  to  be  done  under  that  rule.

1 Section 68A was inserted by Mah. 20 of 2015, s. 18.
2 Sections  69  and  70  were  substituted  for  the  original  sections  69,  70  and  71  by

Mah. 27 of 1985, s. 48.

3 These  words  were  substituted  for  the  words  “ may  regulate ”  by  Mah.  9  of  1988,

s. 37(a).

4 The word “ and ” was deleted by Mah. 9 of 1988, s. 37(b).
5 The word “ and ” was deleted by Mah. 18 of 1989, s. 12(a).
6 Clause (ca) was inserted by Mah. 41 of 2011, s. 4.
7 Clause (d) was inserted by Mah. 9 of 1988, s. 37(d).
8 These clauses were added by Mah. 18 of 1989, s. 12(b).
9 This proviso was added by Mah. 12 of 1995, s. 2.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

45

70.

1[(1)] In determining the amount of duty payable, or of the allowance
to  be  made,  under  this  Act,  any  fraction  of  ten  paise  equal  to  or  exceeding
five paise shall be rounded off to the next ten paise and fractions of less than
five  paise  shall  be  disregarded.

Rounding off
of fractions in
duty payable
or allowances
to be made.

2*

*

*

71.

[Publication of rules. (Deleted by Mah. 27 of 1985, s. 48.)]

72. The  State  Government  may  by  notification  in  the Official  Gazette

delegate—

Delegation of
certain
powers.

(a) all or any of the powers conferred on it by sections 2(f), 33(3)(b),

64, 3[and 69] to the Chief  Controlling Revenue Authority ; 4[***]

5[(a-a) powers  conferred  on  it  by  clause  (b)  of  section  9,  to  the

Additional  Controller  of  Stamps,  Mumbai  or  any  other  officer ;  and]

(b) all  or  any  of  the  powers  conferred  on  the  Chief  Controlling
Revenue  Authority  by  sections  44,  53(1)  and  64(2)  to  such  subordinate
Revenue  Authority  as  may  be  specified  in  the  notification.

73. Nothing in this Act contained shall be deemed to affect the duties
chargeable under any enactment for the time being in force relating to court-
fees.

Saving as
court-fees.

73A.

[Use  of  former  State  Stamps  permissible  for  certain  period  to  be

notified]. [Deleted by Mah. 27 of 1985, s. 49].

73B.

[Use of Bombay Government Stamps by Maharashtra for  certain

period]. [Deleted by Mah. 27 of 1985, s. 49].

74. For  the  avoidance  of  doubt,  it  is  hereby  declared  that  nothing  in
this  Act  shall  apply  to  rates  of  stamp  duty  in  respect  of  bills  of  exchange,
cheques,  promissory  notes,  bills  of  lading,  letters  of  credit,  policies  of
insurance,  transfer  of  shares,  debentures,  proxies  and  receipts.

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

75. The  State  Government  shall  make  provision  for  the  sale  of
translation  of  this  Act  in 6[Marathi  and  Hindi]  at  a  price 7[as  may  be  fixed
from time to  time] per copy.

Act to be
translated
and sold
cheaply.

1 Section 70 was renumbered as sub-section (1) and after sub-section (1) so renumbered, sub-

section (2) was added by Mah. 8 of 2013, s. 3.

2 Sub-section (2) was deleted by Mah. 18 of 2016, s. 2.
3 This word and figures were substituted for the figures and word “ 69 and 75 ” by Mah. 17 of

1993, s. 36.

4 The word “and” was deleted by Mah. 20 of 2015, s. 19(i).
5 Clause (a-a) was inserted by Mah. 20 of 2015, s. 19(ii).
6 These  words  were  substituted  for  the  words  “ the  principal  vernacular  languages  of  the

territories administered by it ” by Mah. 27 or 1985, s. 50(a).

7 These words were substituted for the words “ not exceeding one rupee ” by Mah. 17 of 1993,

s. 37.

H 2351—7

46

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Repeal of
enactments.

76.

(1)  The  enactments  specified  in  column  3  of  Schedule  II  hereto
annexed shall be repealed in the manner and to the extent specified in column
4 thereof :

Provided  that,  the  repeal  hereby  made  shall  not  affect—

(i) any right, title, obligation, or liability already acquired, accrued

or  incurred  or  anything  done  or  suffered,

(ii)  any  legal  proceeding  or  remedy  in  respect  of  any  such  right,

title,  obligation  or  liability,

under  the  provisions  of  the  enactments  hereby  repealed  and  any  such
proceeding may be instituted, continued and disposed of and any such remedy
may be enforced as if this Act had not been passed.

(2) Any  appointment,  notification,  notice,  order,  rule  or  form  made  or
issued under any of the enactments hereby repealed shall be deemed to have
been  made  or  issued  under  the  provisions  of  this  Act,  in  so  far  as  such
appointment, notification, notice, order, rule or form is not inconsistent with
the  provisions  of  this  Act  and  shall  continue  in  force,  unless  and  until  it  is
superseded by an appointment, notification, notice, order, rule or form made
or  issued under  this  Act.

(3) All stamps in denominations of annas four or multiples thereof shall
be deemed to be stamps of the value of twenty-five naye paise or, as the case
may  be,  multiples  thereof  and  valid  accordingly.

1958 : Bom.  LX]

Maharashtra  Stamp  Act

47

1[SCHEDULE  I

STAMP DUTY ON INSTRUMENTS

(See  section  3)

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

1. ACKNOWLEDGEMENT  OF,—
2[(1)] 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  creditor’s
possession, and  the amount or  value of
such  debt—
3[*
(c) exceeds  rupees  5,000  but  does

*]

*

*

One  rupee.

not exceed rupees 10,000 ;

4[* * *]

5[(d) exceeds  rupees  10,000  but  is

Fifty  rupees.

less than rupees 10,00,000 ; and

(e) is rupees 10,00,000 and above
6[(2) a  letter,  article,  document,
parcel,  package  or  consignment,  of  any
nature  or  description  whatsoever  or  by
whatever  name  called,  given  by  a
person,  courier  company,  firm  or  body
of  persons  whether  incorporated  or
unicorporated  to  the  sender  of  such
letter,  article,  document,  parcel,
package  or  consignment.

8[2. ADMINISTRATION  BOND,
including a bond given under  section 6
of  the  Government    Savings  Banks
Act,  1873  or  the    Indian  Succession
Act, 1925.

3. ADOPTION DEED, that is to say,
any  instrument  (other  than  a  Will)
recording  an  adoption  or  conferring  or
purporting  to  confer  an  authority  to
adopt.

V of
1873.
XXXIX of
1925.

One  Hundred  rupees.]
7[one  per  cent.  of  the  amount

charged  thereof. ]

Five  hundred  rupees.]

9[One  thousand  rupees.]

1 Schedule I was substituted by Mah. 27 of 1985, s. 51.
2 The  portion  beginning  with  the  words  “ a  debt  written ”  and  ending  with  the  words  “ fifty

rupees ” was renumbered as clause (1) by Mah. 29 of 1994, s. 3(1)(a).

3 Sub-clauses (a) and (b) were deleted by Mah. 32 of 2005, s. 5(1).
4 The word “and” was deleted by Mah. 18 of 2016, s. 3(i).
5 These sub-clauses were substituted for the sub clause (d) by Mah. 18 of 2016, s. 3(ii).
6 Clause (2) was added by Mah. 29 of 1994, s. 3(1)(b).
7 These words were substituted for the words “one rupee for every rupees one hundred or part

thereof” by Mah. 20 of 2015, s. 20(1)(B)

8 This Article was substituted by Mah. 20 of 2015, s. 20(2).
9 These words were substituted for the words “Two hundred rupees” by Mah. 20 of 2015, s. 20(3).

H 2351—7a

48

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

1[One  hundred  rupees].

4. AFFIDAVIT,  that  is  to  say,  a
statement in writing purporting to be a
statement of facts, signed by the person
making it and confirmed by him on oath
or, in the case of persons by law allowed
to affirm or declare instead of swearing,
by  affirmation.

Exemptions

Affidavit  or  declaration  in  writing

when  made—

(a) as  a  condition  of  enrolment
under  the  Air  Force  Act,  1950,  the
Army Act, 1950 or the Navy Act, 1957 ;
(b) for  the  immediate  purposes  of
being  filed  or  used  in  any  court  or
before  the  officer  of  any  Court ;  or

XLV of
1950.
XLVI of
1950.
LXII of
1957.

(c) for the sole purpose of enabling
any person  to receive  any pension  or
charitable  allowance.
5. AGREEMENT 

ITS
RECORDS  OR  MEMORANDUM  OF
AN  AGREEMENT—

OR 

(a) if relating to the sale of a bill of

One rupee for every rupees 10,000

exchange ;

or  part  thereof.

(b) if  relating  to  the  purchase  of

sale  of  a  Government  security ;

(c) if  relating  to  the  purchase  or
sale  of  shares,  scrips,  stocks,  bonds,
debentures,  debenture  stocks  or  any
other  marketable  security  of  a  like
nature  in  or  of  any  incorporated
company  or  other  body  corporate—

(i) when  such  agreement  or
memorandum  of  an  agreement  is
with  or  through  a  member  or
between  members  of  Stock
Exchange  recognised  under  the
Securities  Contracts  (Regulation)
Act, 1956 ;

(ii) in any  other case ;

2[Fifty  paise  for  every  rupees
1,00,000  or  part  thereof  of  the
value of security at the time of its
purchase or sale, as the case may
be.]

One rupee for every rupees 10,000
or part thereof of the value of the
security at the time of its purchase
or sale, as the case may be.

XLII of
1956.

One rupee for every rupees 10,000
or part thereof of the value of the
security at the time of its purchase
or sale, as the case may be.

1 These words were substituted for the words “Twenty rupees” by Mah. 13 of 2004, s. 6(3).
2 This portion was substituted by Mah. 32 of 2005, s. 5(2)(A).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

49

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(d) if  relating  to  the  purchase  or

sale  of  cotton ;

(e) if  relating  to  the  purchase  or

sale  of  bullion  or  species ;

(f) if  relating  to  purchase  or  sale

of  oil  seeds ;

(g) if  relating  to  the  purchase  or
sale of yarn of any kind, non-mineral
oils or spices of any kind ;

5[(g-a) 6[(i)] if  relating  to  giving
authority  or  power  to  a  promoter  or
a  developer,  by  whatever  name
on,
called, 
development of or, sale or transfer (in
any  manner  whatsoever)  of,  any
immoveable  property.

construction 

for 

9[(ii) if  relating  to  the  purchase  of
one  or  more  units  in  any  scheme  or
project by a person from a developer :

Provided  that,  on  conveyance    of
property  by  the  person,  under  an
agreement  under  this  sub-clause,  to
the  subsequent  purchaser,  the  duty
chargeable    for  each  unit  under  this
sub- clause shall be adjusted against
the duty chargeable under  article 25
(conveyance)  after  keeping  the
balance of one hundred rupees, if such

1[One rupee for every rupees 10,000
or  part  thereof  of  the  value  of
cotton.]

2[One rupee for every rupees 10,000
or  part  thereof  of  the  value  of
silver or gold or sovereigns, as the
case may be.]

3[One rupee for every rupees 10,000
or  part  thereof  of  the  value  of  oil
seeds.]

4[One rupee for every rupees 10,000
or part thereof of the value of yarn
of  any  kind,  non-mineral  oil  or
spices of any kind, as the case may
be.]

7[The same duty as is leviable on a
Conveyance  under  clause  (b), 8[or
(c)], as the case may be, of Article
25,  on  the  market  value  of  the
property] :

Provided  that,  the  provisions  of
section  32A  shall, mutatis
such
mutandis,  apply 
agreement,  records  thereof  or
memorandum, as they apply to an
instrument  under  that  section :

to 

Provided further that, if the proper
stamp  duty  is  paid  under  clause
(g)  of  article  48  on  a  power  of
attorney  executed  between  the
same  parties  in  respect  of  the
same  property  then,  the  stamp
duty  under  this  article  shall  be
one  hundred  rupees.]

1 This portion was substituted for the portion beginning with the words “ One rupee ” and ending

with the words “ part thereof ” by Mah. 32 of 2005, s. 5(2)(B).

2 This portion was substituted for clauses (a), (b) and (c) by Mah. 32 of 2005, s. 5(2)(C).
3 This portion was substituted for the portion beginning with the words “One rupee ” and ending

with the words “ part thereof ” by Mah. 32 of 2005, s. 5(2) (D).

4 This portion was substituted for portion beginning with the words “One rupee” and ending with

the words “Official Gazette” by Mah. 32 of 2005, s. 5(2)(E).

5 Clause (g-a) was inserted by Mah. 9 of 1997, s. 14(2), with effect from 7th February 1990.
6 Clause (g-a) was re-numbered as sub-clause (i) by Mah. 32 of 2005, s. 5(2)(E).
7 This portion was substituted for the portion begining with the words “ Five rupees ” and ending

with the words “ Value of the Property ” by Mah. 16 of 2008, s. 2(a)(i).

8 Sub-clause (ii) was added by Mah. 32 of 2005, s. 5(2)(E).

50

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

transfer  or  assignment  is  made
1[within a period of one year] from the
date  of  the  agreement.  If  on
adjustment, no duty is required to be
paid, then the minimum duty for the
conveyance  shall  be  rupees  one
hundred.

Explanation.—For  the  purposes  of
this sub-clause, the unit shall include
a flat, apartment, tenement, block or
any  other  unit  by  whatever  name
called, as approved by the Competent
Authority  in the  building  plan.

3[ * * * * ]
4[ * * * * ]
5[(g-d) if  relating  to  transfer  of
tenancy  of  immoveable  property,  for
every square meter of the area of the
tenanted  property  the  right  of
tenancy in which is the subject matter
of  transfer  and  situated  within  the
limits  of—

(i) the  Municipal Corporation  of

Greater  Bombay—

(A) for  the  purpose  of  non-
residential  use  of  any  nature
whatsoever ;

7[(B) for  the  purpose  of

residential  use,—

(1) having  area  upto  27.88
square  metres  (300  square
feet) ;

(2) having  area  more  than
27.88  square  metres  (300
square  feet).

Same  duty  as  is  leviable  on
conveyance under clauses (a), (b),
2[or  (c)],  as  the  case  may  be,  of
article 25 on the market value of
the unit.]

6[The  same  duty  as  is  payable

under  article  36(iv).]

8[Two  hundred  rupees  or  an
amount equal to 5 per cent. of the
amount 
consideration,
whichever  is  higher].

of 

9[The  same  duty  as  is  payable

under  Article  36(iv).]]

1 These words were substituted for the words “ within a period of three years ” by Mah. 16 of

2008, s. 2(a)(ii).

2 These word, brackets and letter were substituted for the brackets, letters and word “,(c) or (d)”

by Mah. 8 of 2012, s. 2(a).

3 Clause (g-b) was deleted by Mah. 38 of 1994, s. 3(1)(a).

4 Clause (g-c) was deleted by Mah. 38 of 1994,s. 2(1)(a).

5 Clause (g-d) and Explanations I and II were inserted, ibid., s. 3(2).

6 These words and figures were substituted by Mah. 20 of 2015, s. 20(4)(A)(I)(a).

7 Entry (B) was substituted, Mah. 15 of 2011, s. 2(a)(viii)(A)(2).

8 These words and figures were substituted by Mah. 20 of 2015, s. 20(4)(A)(I)(b)(i).

9 This  words  and  figures  were  substituted  for  the  words  and  figures  “The  same  duty  as  is

payable under Article 60” by Mah. 20 of 2015, s. 20(4)(A)(I)(b)(ii).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

51

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(ii) the Municipal Corporations of
the Cities of Thane, Pune, Nagpur
and Navi Mumbai—

(A) for  the  purpose  of  non-
residential  use  of  any  nature
whatsoever ;

2[(B) for  the  purpose  of

residential  use,—

(1) having  area  upto  27.88
square  metres  (300  square
feet) ;

(2) having  area  more  than
27.88  square  metres  (300
square  feet).

5[(iii) any  Municipal  Corporations
other 
those  Municipal
Corporations  mentioned  in  columns
(i) and (ii),—

than 

(A) for  the  purpose  of  non-
residential  use  of  any  nature
whatsoever ;
7[(B) for 

the  purpose 

of

residential  use,—

(1) having  area  upto  27.88
square metres (300 square feet) ;

(2) having  area  more  than
27.88 square metres (300 square
feet).

(g-e) if  relating  to  hire-purchase.
10[ * * * * ]

1[The same duty as is payable under

article  36(iv).]]

3[One  hundred  rupees  or  an
amount equal to 5 per cent. of the
amount 
consideration,
whichever  is  higher.]

of 

4[The same duty as is payable under

Article   36(iv).]]

6[The same duty as is payable under

Article  36(iv).]

8[Fifty  rupees  or  an  amount  equal
to  5  per  cent.  of  the  amount  of
consideration,  whichever 
is
higher.]

9[The same duty as is payable under

Article   36(iv).]]

The same duty as is payable under

Article  36.]

1 These words  and figures were substituted  for the words and  figures “The same duty  as is

payable under Article 60”, by Mah. 20 of 2015, s. 20(4)(A)(II)(i).
2 This entry was substituted by Mah. 15 of 2011, s. 2(a)(viii)(B)(2).
3 These  words  were  substituted  for  the  word  “One  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(4)(A)(II)(ii)(a).

4 These words  and figures were substituted  for the words and  figures “The same duty  as is

payable under Article 60”, by Mah. 20 of 2015, s. 20(4)(A)(II)(ii)(b).

5 Clause (iii) was substituted by Mah. 22 of 2001, s. 6(b)(3).
6 These words  and figures were substituted  for the words and  figures “The same duty  as is

payable under Article 60”, by Mah. 20 of 2015, s. 20(4)(A)(III)(a).
7 Clause (B) was substituted by Mah. 15 of 2011, s. 2(a)(viii)(c)(2).
8 These  words  were  substituted  for  the  words  “Fifty  rupees”,  by  Mah.  20  of  2015,

s. 20(4)(A)(III)(b)(i).

9 These words  and figures were substituted  for the words and  figures “The same duty  as is

payable under Article 60”, by Mah. 20 of 2015, s. 20(4)(A)(III)(b)(ii).

10 Explanation I was deleted by Mah. 38 of 1994, s. 2(1)(b).

52

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

1[ * * * * ]
2[(h) 3[(A) If  relating  to,—

(i) any  advertisement  on  mass
media,  made  for  promotion  of  any
product ;  or  programme  or  event
with  an  intention  to  make  profits
or business out of it,—

(a) if  the  amount  agreed  does

not  exceed  rupees  ten  lakhs ;

Proper  Stamp  Duty
(2)

4[0.25  per  cent.  of]  the  amount
agreed  in  the  contract  subject  to
minimum of rupees 100.

(b) in any other case.

5[0.5 per cent. of] the amount agreed

in  the  contract.

  (ii) conferring  exclusive  rights
of  telecasting,  broad-casting  or
exhibition of an event or a film,—
(a) if  the  amount  agreed  does

not  exceed  rupees  ten  lakhs ;

6[0.25  per  cent.  of]  the  amount
agreed  in  the  contract  subject  to
minimum of rupees 100.

(b) in any other case

7[0.5 per cent. of] the amount agreed

in  the  contract.

(iii) specific performance by any
person or a group of persons where
the value of contract exceed rupees
1,00,000,—

(a) if  the  amount  agreed  does

not  exceed  rupees  ten  lakhs ;

8[0.25  per  cent.  of]  the  amount
agreed  in  the  contract  subject  to
minimum of rupees 100.

(b) in any other case

9[0.5 per cent. of] the amount agreed

in  the  contract.

1 Explanation II was deleted by Mah. 38 of 1994, 3(1)(b)
2 This clause was substituted by Mah. 32 of 2005, s. 2(a).
3 Sub-clause (A) was substituted by Mah. 17 of 2009, s. 2(a).
4 These figures and words were substituted for the words and figures “Two rupees and fifty paise

for every rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(i)(I).

5 These figures and words were substituted for the words and figures “Five rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(i)(II).

6 These figures and words were substituted for the words and figures “Two rupees and Fifty paise

for every rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(ii)(I)

7 These figures and words were substituted for the words and figures “Five rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(ii)(II).

8 These figures and words were substituted for the words and figures “Two rupees and fifty paise

for every rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(iii)(I).

9 These figures and words were substituted for the words and figures “Five rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(iii)(II).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

53

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(iv) creation  of  any  obligation,
right  or  interest  and  having
monetary  value,  but  not    covered
under  any  other  article,—

(a) if  the  amount  agreed  does

not  exceed  rupees  ten  lakhs ;

1[0.1 per cent. of] the amount agreed
in  the  contract    subject  to
minimum of rupees 100.

(b) in any other case

2[0.2 per cent. of] the amount agreed

in  the  contract.

14 of
1957.

(v) assignment  of  copyright

under the  Copyright Act,  1957,—

(a) if  the  amount  agreed  does

not  exceed  rupees  ten  lakhs ;

3[0.25  per  cent.  of]  the  amount
agreed  in  the  contract  subject  to
minimum of rupees 100.

(b) in any other case

4[0.5 per cent. of] the amount agreed

in  the  contract.

(vi) project under Built, Operate
and  Transfer  (BOT)  system,
whether with or without toll or fee
collection  rights,—

(a) if  the  amount  agreed  does

not  exceed  rupees  five  lakhs ;

5[0.1 per cent. of] the amount agreed
in  the  contract  subject  to
minimum of rupees 100.

(b) in any other case

6[0.2 per cent. of] the amount agreed

in  the  contract.]

(B) If  not  otherwise  provided

One  hundred  rupees.]

for,—

Explanation.—No  duty  shall  be
chargable  on  agreements  or  its
record  covered  under  sub-clauses
(b) and  (c)  of  this  article,  if  proper
duty is paid under article 51A.

1 These figures and words were substituted for the words and figures “One rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(iv)(i).

2 These figures and words were substituted for the words and figures “Two rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(iv)(ii).

3 These figures and words were substituted for the words and figures “Two rupees and fifty paise

for every rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(v)(I)

4 These figures and words were substituted for the words and figures “Five rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(v)(II).

5 These figures and words were substituted for the words and figures “One rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(vi)(i).

6 These figures and words were substituted for the words and figures “Two rupees for every

rupees 1,000 or part thereof on”, by Mah. 20 of 2015, s. 20(4)(B)(vi)(II).

H 2351—8

54

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

6. AGREEMENT  RELATING    TO
DEPOSIT  OF  THE  TITLE  DEEDS,
PAWN,  PLEDGE  OR  HYPOTHE-
CATION, that is to say, any instrument
evidencing  an  agreement  relating  to—
1[(1) The  deposit  of  the  title  deeds
or  instrument  constituting  or  being
evidence  of  the  title  to  any  property
whatever  (other  than  a  marketable
security),  where  such  deposit  has
been made by way of security for the
repayment  of  money  advanced  or  to
be  advanced  by  way  of  loan  or  an
existing  or  future  debt,—

(a) if the amount secured by such
deed  does  not  exceed  rupees  five
lakhs ;

(b) in any other case

(2) The  pawn,  pledge  or  hypothe-
cation  of  movable  property,  where
such  pawn,  pledge  or  hypothecation
has been made by way of security for
their  repayment  of  money  advanced
or  to  be  advanced  by  way  of  loan  or
an existing or  future debt,—

(a) if the amount secured by such
deed  does  not  exceed  rupees  five
lakhs ;

(b) in any other case

2[0.1  per  cent.  of]  the  amount
secured  by  such  deed  subject  to
the  minimum  of  one  hundred
rupees.

3[4[0.2  per  cent.  of]  the  amount
secured  by  such  deed  subject  to
the maximum of ten lakh rupees.].

5[0.1  per  cent.  of]  the  amount
secured  by  such  deed  subject  to
the  minimum  of  one  hundred
rupees.

6[7[0.2  per  cent.  of]  the  amount
secured  by  such  deed  subject  to
the maximum of ten lakh rupees]]

1 These clauses were substituted by Mah. 17 of 2009, s. 2(b)(i).
2 These figures and words were substituted for the words “one rupee for every one thousand or

part thereof for” by Mah. 20 of 2015, s. 20(5)(A)(i).

3 These words and figures were substituted for the words and figures “Two rupees for every
rupees 1,000 or part thereof for the amount secured by such deed”, by Mah. 27 of 2014, s. 2(1).
4 There figure and words were substituted for the words “Two rupees for every 1,000 or part there

of, for” by Mah. 20 of 2015, s. 20(5)(A)(ii).

5 These figures and words were substituted for the words “one rupee for every one thousand or

part thereof for” by Mah. 20 of 2015, s. 20(5)(B)(i).

6 These words and figures were substituted for the words and figures “Two rupees for every 1,000

or part thereof for the amount secured by such deed” by Mah. 27 of 2014, s. 2(2).

7 These figures and words were substituted for the words and figures “Two rupees for every 1,000

or part thereof, for” by Mah. 20 of 2015, s. 20(5)(B)(ii).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

55

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

1[Explanation I].—For the purposes
of  clause  (1)  of  this  Article,
notwithstanding  anything  contained
in  any  judgement,  decree  or  order  of
any  court  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
additional  loan  or  loans  taken
subsequently,  such  letter,  note,
memorandum or writing shall, in the
absence of any separate agreement or
memorandum  of  agreement  relating
to  deposit  of  such  title  deeds,  be
instrument
deemed  to  be  an 
evidencing  an  agreement  relating  to
the  deposit  of  title  deeds.

II.—For 

2[Explanation 

the
purposes  of  this  Article,  any  new
instrument  executed  for  additional
loan  or  extension  of  previous  loan
shall be treated as a fresh instrument
and  chargeable  with  the  duty  to  the
extent  of  additional  amount  being
secured  or  disbursed  or  sanctioned.]
Exemption
*
hypothecation

(1) 3*
*
(2) Letter 

*
of 

accompanying a bill of exchange.

7. APPOINTMENT 

IN  EXE-
CUTION  OF  A  POWER ; Where  made
by any writing not being a will—

(a) of  trustees
(b) of  property  moveable  or

4[One  thousand  rupees].
5[One  thousand  rupees].

immovable.

1 This Explanation was renumbered as Explanation I by Mah. 20 of 2002, s. 8(a)(ii).
2 This Explanation was inserted by Mah. 20 of 2015, s. 20(5)(B)(iii).
3 This entry was deleted by Mah. 9 of 1997, s. 14(3)(b).
4 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(6)(i).

5 These words were substituted for the words “Two hundred rupees” by Mah. 20 of 2015, s. 20

(6)(ii).
H 2351—8a

56

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

8. APPRAISEMENT 

OR
VALUATION made  otherwise  than
under an order of the court in the course
of a suit.

Exemption

(a) Appraisement on valuation made
for  the  information  of  one  party  only,
and not being in any manner obligatory
between parties either by agreement or
operation  of  law.

(b) Appraisement  of  crops  for  the
purpose  of  ascertaining  the  amount  to
be given to a landlord as rent.

9 . A P P R E N T I C E S H I P - D E E D ,
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,  not  being  articles  of
clerkship  (Article11).

Exemption

Instrument of aprenticeship executed
under the Apprentices  Act, 1961, or by
which  a  person  is  apprenticed  by  or  at
the charge of any public charity.

10. ARTICLES  OF  ASSOCIATION

OF  A  COMPANY—

3[Where  the  Company  has  no  share
capital]  or  nominal  share  capital  or
increased  share  capital.

Exemption

Articles of any association not formed
for  profit  and  registered  under  section
25 of the *Companies Act, 1956 [See also
Memorandum  of  Association  of  a
Company  (Article  39)].

11. ARTICLES  OF  CLERKSHIP  or
contract  whereby  any  person  first

1[One  hundred  rupees].

2[One  hundred  rupees].

LII of
1961.

I of
1956.

4[0.2  per  cent.  on  share  capital  or
increased  share  capital,  as  the
case  may  be], 5[,  subject  to  a
maximum of Rs. 50,00,000].

6[Seven  hundred  and  fifty  rupees].

1 These words were substituted for the words, brackets and figures “same duty as per Bond

(Article 13) subject to maximum of one hundred rupees”, by Mah. 20 of 2015, s. 20 (7).
2 These words were substituted for the words, “fifty rupees” by Mah. 13 of 2004, s. 6(7).
3 These words were substituted for the words “On the share capital” by Mah. 9 of 1998, s. 38(6).
4 These figures and words were substituted for the words and figures “One thousand rupees for

every rupees 5,00,000 or part thereof”, by Mah. 20 of 2015, s. 20(8).
5 These words, letters and figures were added by Mah. 22 of 2001, s. 6(c).
6 These words were substituted for the words “Three hundred and seventy-five rupees” by Mah.

17 of 1993, s. 38(6).

* Now see the companies Act, 2013 (18 of 2013).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

57

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

becomes  bound  to  serve  as  a  clerk  in
order  to  his  admission  as  an  Attorney
in any High Court.

ASSIGNMENT, 1[See  Development
Agreement [Article 5 (g-a)], Conveyance]
(Article  25),  Transfer  (Article  59)  and
Transfer of lease (Article 60), as the case
may be.

ATTORNEY, See entry as an Attorney
(Article  31)  and  Power  of  Attorney
(Article  48).

AUTHORITY  TO  ADOPT, See

Adoptation  Deed  (Article  3)

2[12. AWARD,  that  is  to  say,  any
decision  in  writing  by  an  arbitrator  or
umpire,  on a  reference made  otherwise
than  by  an  order  of  the  Court  in  the
course  of  a  suit,  being  an  award  made
as  a  result  of  a  written  agreement  to
submit  present  or  future  differences  to
Arbitration  but  not  being  an  award
directing  partition.

13. BOND  not  being  a  debenture
and  not  being  otherwise  provided  for
any  provisions  of  this  Act  (whether  or
not  such  provisions  relate  to  any
particular  types  of  Bonds),  or  by  the
*Bombay  Court-fees  Act,  1959—3[***]

Exemption

Bond  when  executed  by  any  person
for the purpose of guaranteeing that the
local  income  derived  from  private
subscriptions or a charitable dispensary
or hospital or any other object of public
utility shall not be less than a specified
sum per mensem.

14. BOTTOMERY BOND, that is to
say, any instrument whereby the master
of a seagoing ship borrows money on the
security  of  the  ship  to  enable  him  to
preserve  the  ship  or  prosecute  her
voyage.

Bom.
XXXVI
of 1959.

Five  hundred  rupees.]

4[one  per  cent.  of  amount  of  Bond,
subject  to  a  minimum  of  rupees
five  hundred.]

5[One  per  cent.  of  the  amount  of
Bond,  subject  to  a  minimum  of
rupees  five  hundred.]

1 These words, figure and letters were substituted for the words “ See conveyance”, by Mah. 32 of

2005, s. 5(4).

2 Article 12 was substituted by Mah. 20 of 2015, s. 20(9).
3 The words “for every rupees five hundred or part thereof” were deleted by Mah. 20 of 2015,

s. 20(10)(a).

4 These words were substituted for the words “Five rupees” by Mah. 20 of 2015, s. 20 (10)(b).
* The short title of this Act was amended as “the Maharashtra Court-fees Act” by Mah. 24 of

2012, Sch., w.e.f. 1-5-1960.

5 These words were substituted for the words and figures “same duty as a Bond (Article 13) for

the same amount” by Mah. 20 of 2015, s. 20(11).

58

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

15. CANCELLATION—Instrument
of,  if  attested  and  not  otherwise
provided  for.

Exemption

Instrument  revoking  a  Will.
16. 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 Officer or
any  other  officer  empowered  by  law  to
sell  property  by  public  auction.

4[17. CERTIFICATE  OR  OTHER
DOCUMENT,  evidencing  the  right  or
title  of the  holder thereof,  or any  other
person  either  to  any  shares,  scrip  or
stock in or of any incorporated company
or  other  body  corporate,  or  to  become
proprietor of share, scrip or stock, in or
of any such company or body. [See also
Letter  of  Allotment  of  Shares  (Article
37)] ;

Explanation.—for  the  purposes  of
this  Article,  the  value  of  shares,  scrip
or  stock  includes  the  amount  of
premium, if any.

18. CHARTER-PARTY,  that  is  to
say,  any  instrument  (except  an
agreement  for  the  hire  of  tug  steamer)
whereby  vessel  or  some  specified
principal  part  thereof  is  left  for  the
specified  purposes  of  the  charterer,
whether it includes a  penalty clause or
not.

19.

(1) CLEARANCE LIST relating
to  the  transactions  for  the  purchase  or
securities
sale  of  Government 
submitted  to  the  clearing  house  of  a
stock  exchange.

1[Five  hundred  rupees].

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),  (b)
2[3[or  (c)]]  as  the  case  may  be,  of
Article 25 on the market value of
the  property.

5[0.1 per cent.] of the value of the
shares,  scrip  or  stock.]

6[Five  hundred  rupees].

The  sum  of  duties  payable  under
Article  5(b)  or  43(g),  as  the  case
may  be, in  respect  of  each of  the
entries  in  such  list  on  the  value
of the securities calculated at the
making  up  price  or  the  contract
price, as the case may be.

1 These  words  were  substituted for  the  words  “One  Hundred  Rupees”,  by Mah.  20  of  2015,

s. 20(12).

2 The brackets, letter and word “(c) or (d)” were substituted for the word, brackets, and letter “or

(c)” by Mah. 27 of 1988, s. 2(a).

3 These word, brackets and letter were substituted for the brackets, letters and word “, (c) or (d)”

by Mah. 8 of 2012. s. 2(b).

4 Article 17 was substituted by Mah. 29 of 1994, s. 3(3).
5 These figures and words were substituted for the words “One rupees for every one thousand

rupees or part thereof,” by Mah. 20 of 2015, s. 20(13).

6 These words were substituted for the words “one hundred rupees” by Mah. 20 of 2015, s. 20(14).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

59

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

The  sum  of  duties  payable  under
Article 5(c)(i) or 43(f), as the case
may  be,  in  respect  of  each  of  the
entries in such list on the value of
the  securities  calculated  at  the
making  up  price  or  the  contract
price, as the case may be.

The  sum  of  duties  payable  under
Article 5(c)(ii) or 43(f), as the case
may  be,  in  respect  of  each  of  the
entries in such list on the value of
the  securities  calculated  at  the
making  up  price  or  the  contract
price, as the case may be.

The  sum  of  duties  payable  under
Article  5(d)  or  43(a),  as  the  case
may  be,  in  respect  of  each  of  the
entries in such list on the units of
transactions  or  part  thereof.

The  sum  of  duties  payable  under
Article  5(e)  or  43(b),  as  the  case
may  be,  in  respect  of  each  of  the
entries in such list on the units of
transactions  or  part  thereof.

The  sum  of  duties  payable  under
Article  5(f)  or  43(c),  as  the  case
may  be,  in  respect  of  the  entries
in  such  list  on  the  units  of
transactions  or  part  thereof.

The  sum  of  duties  payable  under
Article  5(g)  or  43(d),  as  the  case
may  be,  in  respect  of  the  entries
in  such  list  on  the  units  of
transactions  or  part  thereof.

1[Five  hundred  rupees].

XLII of
1956.

XLII of
1956.

(2) CLEARANCE  LIST,  relating  to
the transactions for the purchase or sale
of a share, scrip, stock, bond, debenture,
debenture  stock  or  other  marketable
security  for  like  nature  in  or  of  an
incorporated  company  or  other  body
corporate,  submitted  to  the  clearing
house  of  a  stock  exchange  recognised
under 
the  Securities  Contracts
(Regulation) Act,  1956.

(3) CLEARANCE  LIST,  relating  to
the transactions for the purchase or sale
of a share, scrip, stock, bond, debenture,
debenture  stock  or  other  marketable
security  of  a  like  nature  in  or  of  an
incorporated 
company  or  body
corporate,  submitted  to  the  clearing
house  of  a  stock  exchange,  not
recognised  under  the  Securities
Contract  (Regulation)  Act,  1956.

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

21. CLEARANCE  LIST,  relating  to
the transactions for the purchase or sale
of  bullion  or  species  submitted  to  the
clearing house of a Bullion Association.

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

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

24. 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
devidend  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.

1 These  words  were  substituted  for  the  words  “Two    hundred  rupees”  by  Mah.  20  of  2015,

s. 20(15).

60

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

25. CONVEYANCE  (not  being  a
transfer  charged  or  exempted  under
Article  59)—

On  the 1[true  market  value]  of  the
property, which is the subject matter of
Conveyance,—

2[(a) if relating to movable poperty

3  per  cent.  of  the  market  value  of

the  property.]

3[(b) if  relating  to  immovable

property  situated,—

(i) within  the  limits  of  any
Municipal  Corporation  or  any
Cantonment  area  annexed  to  it or
any urban area not mentioned in sub-
clause (ii).

(ii) within  the  limits  of  any
Municipal  Council  or Nagar
Panchayat  or  Cantonment  area
annexed  to  it,  or  any  rural  area
within  the  limits  of  the  Mumbai
Metropolitan  Region  Develop-
ment  Authority,  or  the  Influence
Areas as per the annual statement
of  rates  published  under  the
Bombay  Stamp  (Determination  of
True  Market  Value  of  Property)
Rules, 1995.

(iii) within  the  limits  of  any
Grampanchayat  area  or  any  such
area  not  mentioned  in  sub-clause
(ii).
(c) if relating to both moveable and

5  per  cent.  of  the  market  value  of

the  property.

4[5 per cent]. of the market value of

the  property.

5[4 per cent.] of the market value of

the  property.

The same duty as is payable under

immoveable  property.

clauses (a) and (b).

*

*]

6[(d) *
*
7[(da) if  relating  to  the  order  of
High  Court  in  respect  of  the
amalgamation  or  reconstruction  of
companies  under  section  394  of  the
Companies  Act,  1956  or  under  the
order  of  the  Reserve  Bank  of  India
under  section  44A  of  the  Banking
Regulation Act, 1949.

10 per cent. of the aggregate of the
market value of the shares issued
or  allotted  in  exchange  or
otherwise  and  the  amount  of
consideration  paid  for  such
amalgamation :

Provided  that,  the  amount  of  duty
chargeable under this clause shall
not  exceed,—
(i) an  amount  equal  to 8[5  per
cent.]  of  the  true  market  value

1 of
1956.

10 of
1949.

1 These words were substituted for the words “Market Value” by Mah. 9 of 1988, s. 38(e).
2 Clause (a) was substituted by Mah. 20 of 2015, s. 20(16).
3 Clause (b) was substituted by Mah. 8 of 2012, s. 2(c)(i).
4 This figure and words were substituted for the figure and words “4 per cent.” by Mah. 59 of

2017, s. 2(a)(i).

5 This figure and words were substituted for the figure and words “3 per cent.” by Mah. 59 of

2017, s. 2(a)(ii).

6 Clause (d) was deleted by Mah. 8 of 2012, s. 2(c)(ii).
7 This clause was substituted for the original by Mah.1 of 2002, s. 3, w.e.f. 1st January 2000.
8 This figure and words were substituted for the figure and words “7 per cent.” by Mah. 13 of

2004, s. 6(10)(III)(i).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

61

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

of  the  immovable  porperty
located  within  the  State  of
Maharashtra  of  the  transferor
company ;  or

(ii) an  amount  equal  to 1[5  per
cent.]  of  the  aggregate  of  the
market  value  of  the  shares
issued or allotted in exchange or
otherwise  and  the  amount  of
consideration  paid,  for  such
amalgamation,  whichever  is
higher :

Provided  further  that,  in  case  of
reconstruction  or  demerger  the
duty  chargeable  shall  not
exceed,—
(i) an  amount  equal  to 1[5  per
centum] of the true market value
of  the  immovable  property
located  within  the  State  of
Maharashtra  transferred  by  the
Demerging  Company  to  the
Resulting  Company ;  or

(ii) an  amount  equal  to  0.7  per
centum  of  the  aggregate  of  the
market  value  of  the  shares
issued  or  allotted  to  the
Resulting  Company  and  the
amount of consideration paid for
such  demerger,  whichever  is
higher.]

2[(e) 2*

*

*

*]

Exemption

XIV of
1957.

Assignment  of  copyright  under  the

Copyright  Act,  1957.

3[4[Explanation I].— For the purposes
of  this  article,  where  in  the  case  of
agreement  to  sell  an  immoveable
porperty,  the  possession  of  any

1 This figure and words were substituted for the figure and words “7 per centum” by Mah. 13 of

2004,  s. 6(10)(III)(ii).

2 Clause (e) was added by Mah. 9 of 1997, s. 14(4)(a) w.e.f. 15th September 1996 and clause (e)

was deleted by Mah. 30 of 1997, s. 1(c) w.e.f. 15th September 1996.

3

“Explanation I” alongwith both the provisos was deleted by Mah 29 of 1994, section 3(4)(b), but
it was not brought into force, subsequently by s. 8(1)(d) of Mah. 30 of 1994, was deemed to have
come into force w.e.f. 10th December 1985.

4 This Explanation was renumbered as Explanation I by Mah. 27 of 1988, s. 2(a)(ii).

H 2351—9

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(2)

immoveable property is transferred 1[or
agreed  to  be  transferred]  to  the
purchaser  before  the  execution,  or  at
the  time  of  execution,  or  after  the
execution  of,  such  agreement 2*
*
then  such  agreement  to  sell  shall  be
deemed  to  be  a  conveyance  and  stamp
duty  thereon  shall  be 
leviable
accordingly :

*

Provided  that,  the  provisions  of
section  32A  shall  apply mutatis
mutandis  to  such  agreement  which  is
deemed to be a conveyance as aforesaid,
as they apply to a conveyance under that
section :

Provided 

that,  where
further 
subsequently  a  conveyance  is  executed
in pursuance of such agreement of sale,
the stamp duty, if any already paid and
recovered  on  the  agreement  of  sale
which  is  deemed  to  be  a  conveyance,
shall be adjusted towards the total duty
leviable  on  the  conveyance :]

3[Provided  also  that,  where  proper
stamp  duty  is  paid  on  a  registered
agreement  to  sell  an  immovable
property,  treating  it  as  a  deemed
conveyance  and  subsequently  a
conveyance  deed  is  executed  without
any modification then such a conveyance
shall  be  treated  as  other  instrument
under  section  4  and  the  duty  of  one
hundred  rupees  shall  be  charged.]
4[Explanation II.—* * * * *]
5[Explanation  III.— 6[(i)]  For  the
purposes  of  clause  (da),  the  market
value of  shares,—

(a) in  relation  to  the  transferee
company, whose shares are listed and
quoted  for  trading  on  a  stock

1 These words were inserted by Mah. 17 of 1993, s. 38(12)(2)(c).
2 The words “ without executing the conveyance in respect thereof ” were deleted by Mah. 38 of

1994, s. 3(2).

3 This proviso was added by Mah. 8 of 2013, s. 4(a).
4 The Explanation II was deleted by Mah. 8 of 2012, s. 2(c)(iii).
5 Explanation III, which was added by section 14(4)(b) of Mah. 9 of 1997, was substituted by

Mah. 30 of 1997, s. 8(1)(e).

6 Explanation III was re-numbered as para (i) and after para (i) so re-numbered, para (ii) was

added by Mah. 32 of 2005, s. 5(5)(ii).

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(2)

exchange, means the market value of
shares  as  on  the  appointed  day
in  the  Scheme  of
mentioned 
Amalgamation  or  when  appointed
day  is  not  so  fixed,  the  date  of  order
of the High Court ; and

(b) in  relation  to  the  transferee
company, whose shares are not listed/
or  listed  but  not  quoted  for  trading
on  a  stock  exchange,  means  the
market value  of the shares  issued or
allotted with reference to the market
value  of  the  shares  of  the  transferor
company  or  as  determined  by  the
Collector  after  giving  the  transferee
company  an  opportunity  of  being
heard.]
1[(ii) for  the  purposes  of  clause  (da),
the number of shares issued or allotted
in  exchange  or  otherwise  shall  mean,
the  number  of  shares  of  the  transferor
company  accounted  as  per  exchange
ratio  as  on  appointed  date.]

26. COPY  OR  EXTRACT,    certified
to  be  a  true  copy  or  extract  by  or  by
order of any public officer under section
76 of the Indian Evidence Act, 1872, and
not  chargeable  under  the  law  for  the
time being in force relating to court-fees.
Exemption

(a) Copy of any paper which a public
officer  is  expressly  required  by  law  to
make or furnish for record in any public
office  or  for  a  public  purpose.

(b) Copy  of,  or  extract  from,  any
register  relating  to  births,  baptisms,
namings,  dedications,  marriages,
divorces,  deaths  or  burials.

(c) Copy  of  any  instrument  the
original  of  which  is  not  chargeable  to
duty.

1 of
1872.

2[Ten  rupees].

1 Explanation III was re-numbered as para (i) and after para (i) so re-numbered, para (ii) was

added by Mah. 32 of 2005, s. 5(5)(ii).

2 These  words  were  substituted  for  the  words  “Five  rupees ”  by  Mah.  17  of  1993,

s. 38(13).

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27. COUNTERPART  OR  DUPLI-
CATE  of  any  instrument  chargeable
with  duty  and  in  respect  of  which  the
proper  duty  has  been  paid.

2[28. 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  Custom  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.

29. 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, 3* * * when such goods exceed
in 4[value  hundred  rupees,  for  every
rupees  10,000  or  part  thereof ].

DEPOSIT  OF  TITLE-DEEDS, See
Agreement  relating  to  Deposit  of  the
Title-Deeds,  Pawn,  Pledge 
or
Hypothecation  (Article  6).

DISSOLUTION OF PARTNER-SHIP,

See  Partnership  (Article  47).

6[Explanation.—For  the  purposes  of
this  article,  the  words  “dock  or  port ”
shall  include  “ Airport ”  and  “ Cargo
Hub ”.]

30. DIVORCE—Instrument  of,  that
is to say, any instrument by which any
person  effects  the  dissolution  of  his
marriage.

The same duty as is payable on the
original,  subject  to  maximum  of
1[rupees  one  hundred].

Five  hundred  rupees.]

5[Ten  rupees].

7[One  hundred  rupees].

1 These words were substituted for the words “rupees twenty” by Mah. 32 of 2005, s. 5(6).
2 Article 28 was substituted by Mah. 20 of 2015, s. 20(17).
3 The words “ such instrument being executed by or on behalf of the owner of such goods upon the

sale or transfer of the property therein ” were deleted by Mah. 16 of 1995, s. 3(2).

4 These words and figures were substituted for the words “ value hundred rupees ” by Mah. 29 of

1994, s. 3(5).

5 These  words  were  substituted  for  the  words  “ One  rupee ”  by  Mah.  17  of  1993,

s. 38(6).

6 This Explanation was added by Mah. 32 of 2005, s. 5(7).
7 These  words  were  substituted  for  the  words  “ Fifty  rupees ”  by  Mah.  22  of  2001,

s. 6(f).

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(2)

DOWER—Instrument 

of,

See

Settlement  (Article  55).

DUPLICATE, See  Counterpart

(Article  27).

31. ENTRY  OF  MEMORANDUM
OF  MARRIAGE in  the  register  under
the 1[Maharashtra  Regulation  of
Marriage  Bureaus  and  Registration  of
Marriages Act, 1998].

32. EXCHANGE  OF  PROPERTY—

instrument  of—

Mah. 20
of 1999.

EXCISE  BOND, See  Customs  Bond

or  Excise  Bond  (Article  28).

5[Explanation.—For  the  purposes  of
this  article,  notwithstanding  anything
contained hereinabove, the highest duty
on  either  of  the  property  exchanged
shall  be  chargeable.]

33. FURTHER 

CHARGE—
Instrument  of,  that  is  to  say,  any
instrument  imposing  a  further  charge
on  mortgaged  property—

(a) when the original mortgage is
one  of  the  description  referred  to  in
clause  (a)  of  Article  40  (that  is,  with
possession)

2[One  hundred  rupees].

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),
(b)3[4[or (c)]], as the case may be,
of Article 25, on the market value
of  the  property  of  the  greatest
value.

The  same  duty  as  is  leviable  on  a
Conveyance under clause (a), (b),
6[7[or (c)]], as the case may be, of
Article  25,  for  the  amount  of  the
further  charge  secured  by  such
instrument.

1 These words and figures were substituted for the words and figures “Bombay Registration of

Marriages Act, 1953” by Mah. 32 of 2005, s. (8).

2 These  words  were  substituted  for  the  words  “ Fifty  rupees ”  by  Mah.  13  of  2004,

s. 6(11).

3 The brackets, letters and word “(c) or (d)” were substituted for the word, brackets and letter “or

(c)” by Mah. 27 of 1988, s. 2(c).

4 This  was  substituted  for  the  words,  brackets  and  letters  “ (c)  or  (d) ”  by  Mah.  8

of 2012, s. 2 (d).

5 This Explanation was added by Mah. 32 of 2005, s. 5(9).
6 The brackets, letters and word “(c) or (d)” were substituted for the word, brackets and letter “or

(c)” by Mah. 27 of 1988, s. 2(d).

7 This  was  substituted  for  the  words,  brackets  and  letters  “ (c)  or  (d) ”  by  Mah.  8

of 2012, s. 2(e).

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(b) when  such  mortgage  is  one  of
the description referred to  clause (b)
of  Article  40  (that  is,  without
possession)—

(i) if  at  the  time  of  execution  of
the  instrument  of  further  charge
possession of the  property is given
under  such  instrument.

(ii) if possession is not so given.

34. GIFT, Instrument of—not being
a  Settlement  (Article  55)  or  Will  or
Transfer  (Article  59).

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),  (b)
1[2[or  (c)]],  as  the  case  may  be,  of
Article 25, for the total amount of
the charge (including the original
mortgage  and  any  further  charge
already  made)  less  the  duty
already  paid  on  such  original
mortgage  and  further  charge.

3[4[One  thousand]  rupees  for  every
five  hundred  or  part  thereof  for
the  amount  of  further  charge
secured  by  such  instrument
subject  to  minimum  of  the  one
the
rupees 
hundred 
maximum of 5[ten lakh rupees]].
The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),  (b),
6[7[or  (c)]]  as  the  case  may  be,  of
Article 25, on the market value of
the  property  which  is  the  subject
matter of the gift :

and 

8[Provided  that,  if  the  property  is
gifted  to  a  family-member  being
the  husband,  wife,  brother  or
sister  of  the  donor  or  any  lineal
ascendant  or  descendant  of  the
donor,  then  the  amount  of  duty
chargeable  shall  be 9[at  the  rate
of 3 per cent. on the market value]
of  the  property  which  is  the
subject matter of the gift, 10[* *]].

1 This was substituted for the words, brackets and letters “(c) or (d)” by Mah. 8 of 2012, s. 2(e).
2 The brackets, letters and word “(c) or (d) were substituted for the word, brackets and letter “or

(c)” by Mah. 27 of 1988, s. 2(d).

3 This portion was substituted for the portion beginning with the words “ The same duty ” and

ending with the words “such instrument” by Mah. 16 of 2003, s. 2(b).

4 These  words  were  substituted  for  the  words  “Five  hundred”  by  Mah.  32  of  2005,

s. 5(10)(i).

5 These words were substituted for the words “Five lakh rupees” by Mah. 32 of 2005, s. 5(10)(ii).
6 The brackets, letters and word “(c) or (d)” were substituted for the word, brackets and letter “or

(c)” by Mah. 27 of 1988, s. 2(e).

7 This  was  substituted  for  the  words,  brackets  and  letters  ‘( c)  or  (d)’  by  Mah.  8

of 2012 S. 2 (f).

8 This proviso was added by Mah. 20 of 2002, s. 8(d).
9 These words were substituted for the words “at the same rate as specified in this article or at
the rate of rupees ten for every rupees five hundred or part thereof on the market value” by Mah.
59 of 2017, s. 2(b)(i).

10 The words “whichever is less” were deleted by Mah. 59 of 2017, s. 2(b)(ii).

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(2)

1[Provided  further  that,  if  the
residential  and  agricultural
property is gifted to husband, wife,
son,  daughter,  grandson,  grand-
daughter,  wife  of  deceased  son,
the  amount  of  duty  chargeable
shall  be  rupees  two  hundred.]

2[Five  hundred  rupees].

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b)
4[5[or (c)] ], as the case may be, of
article 25, on 10 per centum of the
market  value  of  the  property.

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b),
4[5[or  (c)]],  as  the  case  may  be,  of
article 25, on 25 per centum of the
market  value  of  the  property.

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b),
4[5[or  (c)],  as  the  case  may  be,  of
article 25, on 50 per centum of the
market  value  of  the  property.

The  same  duty  as  is  leviable  on  a
conveyance under clauses (a), (b),
4[5[or  (c)]]  as  the  case  may  be,  of
article 25, on 90 per centum of the
market  value  of  the  property].

HIRING AGREEMENT or agreement

for  service, see  Agreement  (Article  5).

35.

INDEMNITY  BOND  INSPE-
CTORSHIP-DEED, See  Composition
Deed  (Article  24).

3[36. LEASE,  including  under-lease
or  sub-lease  and  any  agreement  to  let
or sub-let or any renewal of lease,—
Where  such  lease  purports  to  be—

(i) for a period not exceeding five

years.

(ii) for  a  period  exceeding  five
years  but  not  exceeding  ten  years,
with  a  renewal  clause  contingent
or  otherwise.

(iii)
for  a  period  exceeding  ten
years  but  not  exceeding  twenty-
nine  years  with  a  renewal  clause
contingent  or  otherwise.

(iv)

for  a  period  exceeding
twenty-nine years or in perpetuity,
or does not purport for any definite
period,  or  for  lease  for  a  period
exceeding  twenty-nine  years,  with
a  renewal  clause  contingent  or
otherwise.

Explanation  I.—Any  consi-
deration in the form of premium or
money advanced or to be advanced

1 This proviso was added by Mah. 20 of 2015, s. 20(18).
2 These  words  were  substituted  for  the  words  “Two  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(19).

3 This article was substituted by Mah. 32 of 2005, s. 5(11).
4 The brackets, letters and word “(c) or (d)” were substituted for the word, brackets and letter  “or

(c)” by Mah. 27 of 1988, s. 2(f).

5 These brackets, letter and word were substituted for the brackets, letters and words “(c) or (d)”

by Mah. 8 of 2012, s. 2(g).

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or  security  deposit  by  whatever
name  called  shall,  for  the  purpose
of  market  value,  be  treated  as
consideration  passed  on.

Explanation  II.—The  renewal
period,  if  specifically  mentioned,
shall  be  treated  as  part  of  the
present  lease.

III.—For 

Explanation 

the
purpose  of this  article, the  market
value,  for  the  instruments  falling
under  section  2(n)(iii) 
(Toll
Agreements),  and  article  5(g-e)
(Hire Purchase Agreement) shall be
the  total  contract  value  and  they
shall be chargeable to duty same as
under clause (a)  of article 25].
1[36A. LEAVE  AND  LICENCE
AGREEMENT—

2[(a) Where  the  leave  and  licence
agreement  purports  to  be  for  a  term
not  exceeding  sixty  months  with  or
without  renewal  clause.

3[(b) where  such  leave  and  licence
agreement purports to be for a period
exceeding  sixty  months  with  or
without  renewal  clause.
37. 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. See  also  Certificate  or  other
Document  (Article  17).

LETTER  OF  GUARANTEE, see

Agreement  (Article  5).

0.25 per cent. of the total sum of,—
(i) the licence fees or rent payable

under  the  agreement ;  plus

(ii) the amount of non-refundable
deposit or money advanced or to
be  advanced  or  premium,  by
whatever  name  called ;  plus

(iii) the interest calculated at the
rate  of  10  per  cent.  per  annum
on  the  refundable  security
deposit or money advanced or to
be  advanced,  by  whatever  name
called.]

Same  day  as  is  leviable  on  lease
under clause (ii), (iii) or (iv), as the
case may be, of article 36.]

One  rupee.

4[One  hundred  rupees.]

1 This article was substituted by Mah. 20 of 2002, s. 8(e).
2 This clause was substituted by Mah. 8 of 2013, s. 4(b).
3 This clause was substituted by Mah. 32 of 2005, s. 5(12)(B).
4 These words were substituted for the words “fifty rupees”, by Mah. 13 of 2004, s. 6(13).

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(2)

38. LETTER  OF  LICENCE,  that  is
to say, any agreement between a debtor
and  his  creditor,  that  the  letter  shall,
for a specified time, suspend his claims
and allow the debtor to carry on business
at  his  own  discretion.

39. MEMORANDUM  OF  ASSO-

CIATION  OF  A  COMPANY—

(a) if  accompained  by  articles  of
association  under  section  26  of  the
Companies Act,  1956 ;

(b) if  not  so  accompanied.

I of
1956.

Exemption

Memorandum  of  any  association  not
formed  for  profit  and  registered  under
section 25 of the Companies  Act, 1956.

I of
1956.

40. MORTGAGE-DEED,  not  being
an  agreement  relating  to 3[Deposit  of
Title  Deeds,  Pawn  or  Pledge  or
Hypothication  (Article  6)],  Bottomry
Bond  (Article  14),  Mortgage  of  a  Crop
(Article 41), Respondentia Bond (Article
53), or Security Bond of Mortgage Deed
(Article  54)—

(a) when  possession  of 

the
property  or  any  part  of  the  property
comprised  in  such  deed  is  given  by
the mortgagor or agreed to be given ;

(b) when possession is not given or

agreed to be given as aforesaid.

1[One  thousand  rupees.]

2[0.2  per  cent.  according  to  the
share  capital  of  the  company,
subject to minimum of rupees one
thousand and maximum of rupees
50,00,000].

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b)
4[5[(or (c)]], as the case may be, of
Article 25, for the amount secured
by such deed.

6[0.5  per  cent.  of]  the  amount
secured  by  such  deed,  subject  to
7[ten  lakh
the  maximum  of
rupees]].

1 These  words  were  substituted  for  the  words  “Two  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(20)(i).

2 These figures and words were substituted for the portion beginning with the words “The same
duty” and ending with the words “share capital of the company” by Mah. 20 of 2015, s. 20
(20)(ii).

3 These words, brackets and figure were inserted by Mah. 13 of 2004, s. 6(14).
4 The brackets, letters and word “(c) or (d)”were substituted for the word, brackets and letter “or

(c)” by Mah. 27 of 1988, s. 2(g).

5 These words were substituted for the words, brackets and letters “(c) or (d)” by Mah. 8 of 2012,

s. 2(h).

6 This figures and words were substituted for the words “five rupees for every rupees one thousand

or part thereof for” by Mah. 20 of 2015, s. 20(21)(i).

7 These words were substituted for the words “five lakh rupees”, by Mah. 32 of 2005, s. 5(13)(ii).

H 2351—10

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(2)

1[Explanation  I].—A  mortgagor  who
gives  to  the  mortgagee  a  power  of
attorney  to  collect  rents,  or  a  lease  of
the property mortgaged or part thereof,
is deemed to give possession within the
meaning  of this  article.

2[Explanation II.—Where in the case
of  an  agreement  to  mortgage  the
amount  or  part  thereof  sought  to  be
secured  by  such  an  agreement  is
advanced or disbursed to the mortgagor
without  execution  of  a  mortgage-deed,
then  such  an  agreement  to  mortgage
shall,  notwithstanding  anything
contained  in  clause  (d)  of  section  2,
become  chargeable  under  this  Article
as mortgage-deed on the date of making
of such advance or disbursement either
in part or in whole.]

(c) when  a  collateral  or  auxilliary
or additional or substituted security,
or by way of further assurance for the
above  mentioned  purpose  where  the
principal or primary security is duly
stamped.
4[Explanation.—For  the  purpose  of
this  clause,  “the  principal  or  primary
security ”  shall  mean,  the  security
created under clause (a) or (b) above.]
Exemptions

(1) Instruments executed by persons
taking  advances  under  the  Land
Improvement  Loans  Act,  1883,  or  the
Agriculturists’  Loans  Act,  1884  or  by
their  sureties  as  security  for  the
repayments  of  such  advances.

(2) Letter 

of  hypothecation

accompanying a bill of exchange.

41. MORTGAGE  OF  CROP,
including any instrument evidencing an
agreement  to  secure  the  repayment  of
a  loan  made  upon  any  mortgage  of  a

3[Five  hundred  only]

XIX of
1883.
XII of
1884.

One  rupee.

1 Explanation was renumbered as Explanation I by Mah. 38 of 1994, s. 3(3).
2 Explanation was renumbered as Explanation I and Explanation II was inserted by Mah. 38 of

1994, s. 3(3).

3 These words were substituted for the words “The same duty as a Bond (Article 13) for the
amount secured, subject to a maximum of rupees two hundred” by Mah. 20 of 2015, s. 20(21)(ii).

4 This Explanation was added by Mah. 12 of 2006, s. 4(5).

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Proper  Stamp  Duty
(2)

crop  whether  the  crop  is  or  is  not  in
existance  at  the  time  of  mortgage,  for
every  rupees  200  or  part  thereof.

42. NOTARIAL ACT, that is to say,
any  instrument,  endorsement,  note,
attestation,  certificate  or  entry  not
being a Protest (Article 49) executed by
a  Notary  Public  in  the  performance  of
the duties  of his  office, or  by any  other
person  lawfully  acting  as  a  Notary
Public.

43. NOTE  OR  MEMORANDUM
sent by a broker or agent to his principal
intimating  the  purchase  or  sale  on
account  of  such  principal—

(a) of  cotton.

(b) of  bullion  of  specie

(c) of  oil  seeds

(d) of  yarn  of  any  kind,  non-
mineral  oils  or  spices  of  any  kind.

(e) of any other goods exceeding in

value  twenty  rupees.

1[Twenty-five  rupees]

2[ 3[One  rupee  for  every]  rupees
10,000  or  part  thereof,]  on  the
value  of  cotton.]

4[One rupee for every rupees 10,000
or  part  thereof,  on  the  value  of
silver  or  gold  or  soverigns  as  the
case may be].

5[One rupee for every rupees 10,000
or  part  there  of,  on  the  value  of
oil  seeds].

One rupee for every rupees 10,000
or  part  thereof,  on  the  value  of
6[yarn  of  any  kind,  non-mineral
oils  or  spices  of  any  kind,  as  the
case may be].

One rupee for every rupees 10,000
or 7[part  thereof  on  the  value  of
goods].

1 These  words  were  substituted  for  the  words  “Five  rupees”  by  Mah.  17  of  1993,

s. 38(21).

2 These words and figures were substituted for the words and figures “unit of transaction of

4,500 kilograms or part thereof” by Mah. 32 of 2005, s. 5(14)(A).

3 These words and figures were substituted for the words and figure “Rupees 10,000 or part

thereof” by Mah. 15 of 2011, s. 2(b)(i).

4 These words and figures were substituted for sub-clauses (a), (b) and (c) by Mah. 32 of 2005, s.

5(14)(B).

5 These words and figures were substituted for the figures and words “10,000 kilograms of oil

seeds” by Mah. 32 of 2005, s. 5(14)(C).

6 This portion was substituted for the portion beginning with the words “yarn of any kind” and

ending with the words “Official Gazette” by Mah. 32 of 2005, s. 5(14)(D).

7 These words were substituted for the words “part thereof ” by Mah. 32 of 2005, s. 5(14)(E).

H 2351—10a

72

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(f) of any share, script, stock, bond,
debenture,  debenture  stock  or  other
marketable  security  of  a  like  nature
exceeding in value twenty rupees, not
being  a  Government  security.

(g) of  a  Government  security.

One rupee for every rupees 10,000
or part thereof of the value of the
security,  at  the  time  of  its
purchase or sale, as the case may
be.

1[Fifty paise  for  every  rupees
1,00,000  or  part  thereof,  on  the
value  of  security.]

Exemptions

(1) Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal
intimating  the  purchase  or  sale  on
account  of  such  principal  or  a
Government security or a share, script,
stock, bond, debenture, debenture stock
or  other  marketable  security  of  like
nature in or of an incorporated company
or  other  body  corporate,  an  entry
relating to which is required to be made
in  clearance  lists  described  in  clauses
(1), (2) and (3) of Article 19.

(2) Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal
intimating the purchase or sale of cotton
on  account  of  such  principal,  an  entry
relating to which is required to be made
in  a  clearance  list  described  in  Article
20.

(3) Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal
intimating  the  purchase  or  sale  of
bullion  or  spices  on  account  of  such
principal,  an  entry  relating  to  which  is
required  to  be  made  in  a  clearance  list
described  in  Article  21.

(4) Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal
intimating  the  purchase  or  sale  of  oil-
seeds  on  account  of  such  principal,  an
entry  relating  to  which  is  required  to
be made in a clearance list described in
Article  22.

(5) Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal
intimating the purchase or sale of yarn
of  any  kind,  non-mineral  oils  or  spices
of any kind on account of such principal,
an  entry  relating  to  which  is  required
to be made in a clearance list described
in Article 23.

1 This portion was substituted for the portion begining with the words “One rupee” and ending

with the words “one thousand rupees” by Mah. 32 of 2005, s. 5(14)(F).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

73

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(6)  Note  or  Memorandum  sent  by  a
broker  or  agent  to  his  principal  in  any
of  the  above  cases,  when  the  amount
stated  in  the  instrument  is  less  than
rupees  one  hundred.

1[Explanation.—No  duty  shall  be
chargeable  on  note  or  Memorandum
sent by broker or agent to his principal
intimating  the  purchase  or  sale  on
account  of  such  principal  of  a  security
or  a  forward  contract  on  which  proper
duty is paid under article 51A].

44. NOTE  OF  PROTEST  BY   THE

2[One  hundred  rupees].

MASTER OF A SHIP.

See also Protest by the Master of Ship

(Article  50).

45. ORDER  FOR  THE  PAYMENT

OF  MONEY,

not  being  a  Bill  of  Exchange    within
the  meaning  of  the  Indian  Stamp
Act, 1899,—

II of
1899.

(a) where  payable  otherwise  than
on  demand  but  not  more  than  one
year  after  date or  sight

3
{***}

5
[(b) where  payable  at  more  than

one year after date or sight.
46. PARTITION—Instrument  of  as

definded by section 2 (m).

4[One  per  cent.  of  amount  of

payment  under  order].

Two per cent. of amount of payment

under  order.]

6[7[Two per cent.] of the] amount or
the market value of the separated
share  or  shares  of  the  property.
Note.—The largest share remaining
after  the  property  is  partitioned
(or,  if  there  are  two  or  more
shares  of  equal  value  and  not
smaller  than  any  of  the  other
shares,  then  one  of  such  equal
shares) shall be deemed to be that
from  which  the  other  shares  are
separated.

1 The Explanation was added by Mah. 32 of 2005, s. 5(14)(G).
2 These words were substituted for the words “Twenty rupees” by Mah. 13 of 2004, s. 6(15).
3 The words, letters and figures “for every Rs. 1,000 or part thereof” were deleted by Mah. 20 of

2015, s. 20(22)(i)(A).

4 These words were substituted for the words “Ten rupees” by Mah. 20 of 2015,  s. 20(22)(i)(B).
5 Clause (b) was substituted by Mah. 20 of 2015, s. 20(22)(ii).
6 These words were substituted for the words, brackets and figures “The same duty as a Bond

(Article 13) for the” by Mah. 9 of 1997, s. 14(b)(i).

7 These words were substituted for the words “Rupees Ten for every rupees five hundred or part

thereof” by Mah. 20 of 2015, s. 20(23).

74

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

Provided  always  that,—

(a)  when  an  instrument  of
partition containing an agreement
to  divide  property  in  severalty  is
executed  and  a  partition  is
effected  in  pursuance  of  such
agreement,  the  duty  chargeable
upon  the  instrument  effecting
such partition shall be reduced by
the amount of duty paid in respect
of  the  first  instrument  but  shall
not be less than five rupees ;

1[(b) where  the  instrument
relates  to  the  partition  of
agricultural land, the rate of duty
applicable 2[shall  be  one  hundred
rupees]] ;

(c)  where  a  final  order  for
effecting a partition passed by any
Revenue  authority  or  any  Civil
Court or an award by an arbitrator
directing  a  partition,  is  stamped
with  the  stamp  required  for  an
instrument  of  partition,  and  an
instrument  of  partition 
in
pursuance of such order or award
is subsequently executed, the duty
on  such  instrument  shall  not
exceed  ten  rupees.

Five  hundred  rupees.

One  per  cent.  of  the  amount  of
share  contribution  subject  to
maximum  of  rupees  fifteen
thousand.

3[47. PARTNERSHIP—

(1) Instrument  of  any  partnership
inclusive  of,  Limited  Liability
Partnership and Joint Venture to run
a business, earn profits and to share
profits, whether in cash or in kind—
(a) where  there  is  no  share  of
contribution  in  partnership,  or
where  such  share  contribution
brought in by way of cash does not
exceeds  50,000.
(b) where 

share
contribution  brought  in  by  way  of
cash  is  in  excess  of  rupees  50,000.

such 

1 Clause (b) was substituted by Mah. 9 of 1997, s. 14(b)(ii).
2 These words were substituted for the portion “shall be 0.5 per cent. on the market value of the

separated share or share of the property” by Mah. 30 of 1997, s. 8(2).

3 Article 47 was substituted by Mah. 20 of 2015, s. 20(24).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

75

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(c) where 

share
contribution  is  brought  in  by  way
of  property,  excluding  cash.

such 

(2) Dissolution  of  partnership  or
retirement  of  partner  inclusive  of,
Limited  Liability  Partnership  and
Joint Venture to run a business, earn
profits  and  to  share  profits,  whether
in cash or in kind—

(a) where  on  dissolution  of  the
partnership  or  on  retirement  of  a
partner  any  property  is  taken  as
his share by a partner other than a
partner  who  brought  in  that
property  as  his 
of
contribution  in  the  partnership.

share 

The  same  duty  as  is  leviable  on  a
conveyance under clause (a), (b) or
(c), as the case may be, of Article
25,  on  the  market  value  of  such
property.

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),  (b)
or  (c),  as  the  case  may  be,  of
Article 25, on the market value of
such  property,  subject  to  a
minimum of rupees  one hundred.

(b) in any other case.

Five  hundred  rupees.]

XV of
1882.

48. POWER  OF  ATTORNEY  not

being a Proxy—

(a) when  executed  for  the  sole
purpose of procuring the registration
of one or more documents in relation
to  a  single  transaction  or  for
admitting  execution  of  one  or  more
such  documents.

(b) when  required  in  suits  or
proceedings  under  the  Presidency
Small Cause Courts Act, 1882 ;

(c) when authorising one person or
more  to  act  in  a  single  transaction
other  than  the  case  mentioned  in
clause  (a) ;

(d) when authorising one person to
act  in  more  than  one  transaction  or
generally ;

(e) when authorising more than one
person to act in single transaction or
more  than  one  transaction  jointly  or
severally  or  generally ;

1[Five  hundred  rupees].

2[Five  hundred  rupees].

3[Five  hundred  rupees].

4[Five  hundred  rupees].

5[Five  hundred  rupees].

1 These  words  were  substituted  for  the  words  “One  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(25)(i).

2 These  words  were  substituted  for  the  words  “One  hundred  rupees”,  by  Mah.  20  of  2015,

s. 20(25)(ii).

3 These  words  were  substituted  for  the  words  “One  hundred  rupees”,  by  Mah.  20  of  2015,

s. 20(25)(iii).

4 These  words  were  substituted  for  the  words  “One  hundred  rupees”,  by  Mah.  20  of  2015,

s. 20(25)(iv).

5 These  words  were  substituted  for  the  words  “One  hundred  rupees”,  by  Mah.  20  of  2015,

s. 20(25)(v).

76

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

3[(f) (i)] when 

for
consideration  and  authorising  to  sell
an  immoveable  property ;

given 

3[(ii) when  authorising  to  sell  or
immoveable  property
transfer 
without  consideration  or  without
showing  any  consideration,  as  the
case may be,—

(a) if given to the father, mother,
brother,  sister,  wife,  husband,
daughter, 4[son,  grandson,  grand-
daughter or father, mother, brother
or sister of  the spouse] ; and

(b) in any other case

6[(g) when  given  to  a  promoter
or  developer  by  whatever  name
called, 
for  construction  on,
development of, or sale or transfer
(in any manner whatsoever) of, any
immoveable  property.

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a),  (b),
1[2[or  (c)]],  as  the  case  may  be,  of
Article 25, on the market value of
the  property.

Rupees  five  hundred.

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (b),5[or
(c)], as the case may be, of Article
25,  on  the  market  value  of  the
property.]

7[The same duty as is leviable on a
Conveyance  under  clause  (b), 8[or
(c)], as the case may be, of Article
25,  on  the  market  value  of  the
property] :

Provided  that,  the  provisions  of
section  32A  shall, mutatis
mutandis,  apply  to  such  an
instrument  of  power  of  attorney
as  they  apply  to  a  conveyance
under  that  section :

Provided further that, when proper
stamp  duty  is  paid  under  clause
(g-a) of article 5 on an agreement,
or 
or
memorandum  of  an  agreement

records 

thereof 

1 The brackets, letters and word “(c) or (d)” were substituted for the word, brackets and letter

“or (c)” by Mah. 27 of 1988, s. 2(i).

2 This  was  substituted  for  the  words,  brackets  and  letters  “( c)  or  (d)”  by  Mah.  8

of 2012, s. 2(j).

3 Clause (f) was renumbered as (i) and sub-clause (ii) was added by Mah. 16 of 2008, s. 2(b)(i).
4 These words were substituted for the words “grandson, grand daughter or such other close

relative” by Mah. 20 of 2015, s. 20(25)(vi).

5 These  word,  brackets  and  letter  were  substituted  for  the  brackets,  word  and  letters

“(c) or (d)”, by Mah. 8 of 2012, s. 2(j).

6 These clauses were substituted for clause (g) by Mah. 9 of 1990, s. 3(c).
7 This portion was substituted by Mah. 16 of 2008, s. 2(b)(ii).
8 These word, brackets and letter were substituted for the brackets, letters and word “(c) or (d)”

by Mah. 8 of 2012, s. 2(a).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

77

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

executed  between  the  same
parties and in respect of the same
property,  the  duty  chargeable
under  this  clause  shall  be  rupees
one  hundred.]

(h) in any other case.

1[2[Five  hundred  rupees]  for  each

person  authorised.]]

Explanation  I.—For  the  purpose  of
this article more persons than one when
belonging  to  the  same  firm  shall  be
deemed  to  be  one  person.

XVI of
1908.

II.—The 

Explanation 

term
‘registration’  includes  every  operation
incidental  to  registration  under  the
Registration  Act,  1908.

Explanation  III.—Where  under
clause  (f),  duty  has  been  paid  on    the
power  of  attorney,  and  the  conveyance
relating to  that property  is executed  in
pursuance of power of attorney between
the  executant  of  the  power  of  attorney
and  the  person  in  whose  favour  it  is
executed,  the  duty  on  conveyance  shall
be  the  duty  calculated  on  the  market
value  of  the  property  reduced  by  duty
paid  on  the  power  of  attorney.

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

50. 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  charterers  or  the
consignees for not loading or unloading
the  ship,  when  such  declaration  is
attested or certified by a Notary Public
or other person lawfully acting as such.
See also Note of Protest by the Master

of a Ship (Article 44).

3[One  hundred  rupees].

4[One  hundred  rupees].

1 These words were substituted for the words “Five rupees for each person authorised” by Mah.

13 of 2004, s. 6(16).

2 These  words  wer  substituted  for  the  words  “One  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(25)(vii).

3 These words were substituted for the words “Twenty rupees” by Mah. 13 of 2004, s. 6(17).
4 These words were substituted for the words “Twenty rupees” by Mah. 13 of 2004, s. 6(18).
H 2351—11

78

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

1[51. RECONVEYANCE OF MORT-

Five  hundred  rupees.]

GAGE  PROPERTY—

2[51A. RECORD  OF  TRAN-
SACTION
(Electronic or otherwise) effected
by  a  trading  member  through  a
stock  exchange  or  the  association
referred to in section 10B—

(a) if relating to sale and purchase

of  Government  securities.

(b) if relating to purchase or sale of
securities,  other  than  those  falling
under item  (a)  above,—

Fifty  rupees  for  every  rupees  one
crore  or  part  thereof  of  the  value
of  security.

(i) in case of delivery

One  rupee  for  every  rupees  10,000

or  part  thereof.

(ii) in  case  of  non-delivery.

Twenty paise  for  every  rupees

10,000 or part thereof.

(c) if relating to future and options

Twenty paise  for  every  rupees

10,000 or part thereof.

One rupee for every rupees 1,00,000

or  part  thereof.]

42 of
1956.

Two  hundred  rupees.

trading.

(d) if  relating  to  forward  contracts
of  commodities  traded  through  an
association  or  otherwise.
Explanation.—For  the  purpose  of
clause  (b),  “securities”  means  the
securities  as  defined  in  clause (h) of
section  2  of  the  Securities  Contract
(Regulation) Act,  1956.

3[52.  RELEASE,  that  is  to  say,  any
instrument (not being an instrument as
is  provided  by  section  24)  whereby  a
person  renounces  a  claim  upon  other
person  or  against  any  specified
property,—

(a)  if  the  release  deed  of  an
ancestral  property  or  part  thereof  is
executed by or in favour of brother or
sister  (children  of  renouncer’s
parents) or son or daughter or son of
predeceased  son  or  daughter  of
predeceased  son  or  father  or  mother
or  spouse  of  the  renouncer  or  the
legal  heirs  of  the  above  relations
4[without consideration  in any  form].

1 Article 51 was substituted by Mah. 20 of 2015, s. 20(26).
2 This article was inserted by Mah. 32 of 2005, s. 5(15).
3 This article was substituted by Mah. 12 of 2006, s. 4(6).
4 These words were added by Mah. 20 of 2015, s. 20(27).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

79

Description  of  Instrument
(1)

(b) in any other case.

Proper  Stamp  Duty
(2)

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b),
1[or  as  the  case  may  be  (c)],  of
Article 25 on the market value of
the  share,  interest,  part  or  claim
renounced.]

2[One per cent. of the amount of the
loan  secured,  subject  to  a
minimum 
five
hundred].

rupees 

or 

0.5 per cent. for the amount secured
by  such  deed  subject  to  the
maximum of ten lakh rupees :

Provided  that,  where  on  an
instrument  executed  by  a  person
for  whom  a  person  stands  surety
and  executes  security  bond  or  a
mortgage deed, duty has been paid
under  article  40,  then  the  duty
payable  shall  be  one  hundred
rupees.]

53. RESPONDENTIA BOND, that is
to  say,  any  instrument  securing  a  loan
on  the  cargo  laden  or  to  be  laden  on
board  a  ship  and  making  repayment
contingent  on  the  arrival  of  the  cargo
at  the  port  of  destination.

REVOCATION  OF  ANY  TRUST  OR

SETTLEMENT.

See Settlement  (Article  55),  Trust

(Article  61).

3[54. SECURITY  BOND  OR
MORTGAGE  DEED,  where  such
security  bond  or  mortgage  deed  is
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 by  a surety  to secure
the  due  performance  of  a  contract,  or
in pursuance of an order of the court or
a  public  officer,  not  being  otherwise
provided for by the Maharashtra Court-
fees  Act.

Exemptions

Bond  or  other  instrument,  when

executed,—

(a) by  any  person  for  the  purpose
of  guranteeing  that  the  local  income
derived from private subscriptions to
a charitable dispensary or hospital or
any other object of public utility shall
not  be  less  than  a  specified  sum  per
mensem ;

(b)  under  the  rules  made  by  the
State  Government  under  section  114
of  the  Maharashtra  Irrigation
Act, 1976 ;

LX of
1959.

Mah.
XXXVIII
of 1976.

1 These words, brackets and letter were substituted for the brackets, letters and words “(c) or (d)

as the case may be” by Mah. 8 of 2012, s. 2(k).

2 These words were substituted for the words, brackets and figures “The same duty as a bond

(Article 13) for the amount of the loan secured”, by Mah. 20 of 2015, s. 20(28).

3 Article 54 was substituted of by Mah. 20 of 2015, s. 20(29).

(G.C.P.) H 2351—12 (4068—1-2019)

80

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

XIX of
1883 .

XII of
1884.

(c)  by  a  person  taking  advance
under  the  Land  Improvement  Loans
Act, 1883 or the Agriculturists Loans
Act,  1884  or  by  their  sureties  as
security  for  the  repayment  of  such
advances ;

(d) by  officers  of  the  Government
or  their  sureties  to  secure  the  due
execution  of  an  office  or  due
accounting  for  money  or  other
property  received  by  virtue  thereof.
55. SETTLEMENT—
A-Instrument  of—

including  a  deed  of  dower—

(i) where  the  settlement  is
made  for  a  religious  or  charitable
purpose.

1[Two  per  cent.  of]  a  sum  equal  to
the amount settled or the market
value  of  the  property  settled.

(ii) in any other case.

The  same  duty  as  is  leviable  on  a
Conveyance  under  clause  (a), (b),
2[3[or  (c)]], as  the  case  may  be,  of
Article 25, for a sum equal to the
amount  settled  or  the  market
value  of  the  property  settled :

Provided that, where an agreement
to  settle  is  stamped  with  the
stamp required for an instrument
of  settlement  and  an  instrument
of settlement in pursuance of such
is  subsequently
agreement 
executed,  the  duty  on  such
instrument  shall  not  exceed  ten
rupees  :

Provided  further  that,  where  an
instrument of settlement contains
any  provision  for  the  revocation
of  the  settlement,  the  amount  or
the  value  of  the  property  settled
shall, for the purposes of duty, be
determined,  as 
if  no  such
provisions  were  contained  in  the
instrument.

1 These words were substituted for the words, “Ten rupees for every rupees five hundred or part

thereof of” by Mah. 20 of 2015, s. 20(30)(i).

2 This was substituted for the word, brackets and letter “or (c)” by Mah. 27 of 1988, s. 2(j).
3 These words were substituted for the word, brackets and letters “(c) or (d)” by Mah. 8 of 2012,

s. 2(l).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

81

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

I of
1956.

I of
1956.

Exemption

Deed  of  dower  executed  on  the
occasion  of,  or  in  connection  with,
marriage  between  Muhammadans,
whether  executed  before  or  after  the
marriage.

B.  Revocation  of—

(i)  in  respect  of  settlement
described  in  sub-clause  ( i)  of
clause  A.

(ii)  in  respect  of  settlement
described  in  sub-clause  ( ii)  of
clause  A.
56.  SHARE  WARRANTS  to  bearer
issued under the Companies  Act, 1956,
for  every  rupees  five  hundred  or  part
thereof.

Exemption

Share  warrant  when  issued  by  a
company in pursuance of the provisions
of  section  114  of  the  Companies  Act,
1956  to  have effect  only  upon  payment
as  composition  for  that  duty,  to  the
Collector—

(a)  one  and  half per  centum  of  the
whole  subscribed  capital  of  the
company,  or

(b) if  any  company  which  has  paid
the  said  duty  or  composition  in  full
subsequently  issues  in  addition  to  its
subscribed  capital,  one  and  a  half per
centum of  the  additional  capital  so
issued.

SCRIP, See Certificate  (Article  17).
57. SHIPPING  ORDER  for  or
relating  to  the  conveyance  of  goods  on
board of any vessel.

1[Five  hundred  rupees].

2[Five  hundred  rupees]

Five  rupees.

One  rupee.

1 These words were substituted for the portion beginning with the words “The same duty” and
ending with the words “but not exceeding two hundred rupees” by Mah. 20 of 2015, s. 20(30)(ii)(a).
2 These words were substituted for the portion beginning with the words “The same duty” and
ending with the words “but not exceeding two hundred rupees” by Mah. 20 of 2015, s. 20(30)(ii)(b).

H 2351—12a

82

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

Two  hundred  rupees ;
The same duty as is leviable under
2[or  (c)],  of
clause  (a),  (b),
Article  25  on  the  amount  of
consideration].

3[0.5 per cent.] of the consideration
amount  of  the  debenture 4[*    *].

II of
1899.

5[Five  hundred  rupees]

XLV of
1963.

1[58. SURRENDER  OF  LEASE
including  an  agreement  for  surrender
of  lease—

(a) without  any  consideration.
(b) with  consideration.

Explanation. —For  the  purposes  of
this  Article,  return  of  money  paid  as
advance,  on  security  deposit  by  lessee
to  the  lessor  shall  not  be  treated  as
consideration  for  the  surrender.

59. TRANSFER  (whether  with  or

without  consideration).

(a) of debentures, being marketable
securities  whether  the  debenture  is
liable  to  duty  or  not,  except
debentures  provided  for  by  section  8
of the Indian Stamp  Act, 1899.

Explanation.—For  the  purposes  of
this  clause,  the  term  ‘debenture’
includes  debenture  stock  ;

(b) of any interest secured by bond,
mortgage-deed or policy of insurance ;
(c) of  any  property  under  section
22  of  the  Administrator’s  General
Act, 1963 ;

(d) of  any  trust  property  without
consideration  from  one  trustee  to
another  trustee,  or  from  a  trustee  to
a  beneficiary.

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  or  title  to
goods ;

1 Article 58 was substituted by Mah. 20 of 2002, s. 8(h).
2 The word, brackets and letter were substituted for the brackets, letters and word “(c) or (d)” by

Mah. 8 of 2012, s. 2(m).

3 The figures and words were substituted for the words and figures “Fifty paise for every rupees

100 or part thereof” by Mah. 20 of 2015, s. 20(31)(i).

4 The words “subject to a maximum of ten thousand rupees”, which were added by Mah. 9 of

1988, s. 28(g), were deleted by Mah. 32 of 2005, s. 5(17).

5 These words were substituted for the portion beginning with the words “The same duty” and
ending with the words “subject to a maximum of two hundred rupees” by Mah. 20 of 2015,
s. 20(31)(ii).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

83

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

(c) of a policy of insurance ;
(d) of  securities  of  the  Central

Government.
60. TRANSFER OF LEASE by way
of assignment and not by way of under-
lease or by way of decree or final order
passed  by  any  Civil  Court  or  any
Revenue  Officer.
61. TRUST
A. Declaration 

or
concerning, any property when made by
any writing not being a Will—

of—of, 

(a)  where  there  is  disposition  of

property—

(i) where  the  Trust  is  made  for
a  religious  or  charitable  purpose ;

(ii) in any other case.

1[The  same  duty  as  is  leviable  on
lease under clause (i), (ii), (iii) or
(iv), as the case may be, or Article
36,  for  the  remaining  period  of
Lease].

2[3[Two  per  cent.]  of]  a  sum  equal
to  the  amount  settled  or  market
value  of  the  property  settled.

The  same  duty  as  is  leviable  on  a
conveyance  under  clause  (a),  (b),
4[5[or  (c)]],  as  the  case  may  be,  of
Article 25, for a sum equal to the
amount  settled  or  the  market
value  of  the  property  settled.

(b) where there is no disposition of

property—

(i) where  the  trust  is  made    for

6[Five  hundred  rupees]

religious  or  charitable  purpose.

(ii) in any other case

B. Revocation of—of, or concerning,
any  property  when  made  by  any
instrument other than a Will.

See also  Settlement  (Article  55).
VALUATION, See Appraisement

(Article  8).

7[Five  hundred  rupees]
8[Five  hundred  rupees]

1 These words were substituted for the portion beginning with the words “The same duty” and
ending with the words “which is subject matter of transfer” by Mah. 20 of 2015, s. 20(32).
2 These words were substituted for the words, brackets and figures “The same duty as a Bond

(Article 13) for” by Mah. 9 of 1997, s. 14(11).

3 These words were substituted for the words “Ten rupees for every rupees five hundred or part

thereof” by Mah. 20 of 2015, s. 20(33)(i)(I).

4 This was substituted for the word, brackets and letter “or (c)” by Mah. 27 of 1988, s. 2(l)
5 This word, brackets and letter were substituted for the word, brackets and letters “,(c) or (d)” by

Mah. 8 of 2012, s. 2(o).

6 These words were substituted for the portion beginning with the words “The same duty” and

ending with the words “two hundred rupees” by Mah. 20 of 2015, s. 20(33)(i)(II)(a).

7 These words were substituted for the portion beginning with the words “The same duty” and

ending with the words “two hundred rupees” by Mah. 20 of 2015, s. 20(33)(i)(II)(b).

8 These words were substituted for the portion beginning with the words “The same duty” and

ending with the words “two hundred rupees” by Mah. 20 of 2015 , s. 20(33)(ii).

84

Maharashtra  Stamp  Act

[1958 : Bom.  LX

Description  of  Instrument
(1)

Proper  Stamp  Duty
(2)

62. 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.

1[63. WORKS CONTRACT, that is to
say, a contract for works and labour or
services  involving  transfer  of  property
in  goods  (whether  as  goods  or  in  some
other  form)  in  its  execution  and
includes  a  sub-contract,—

(a) where the amount or value set
forth in such contract does not exceed
rupees  ten  lakh.

(b)  where  it  exceed  rupees  ten

lakh.

One  rupee.]

2[Five  hundred  rupees].

3[Five hundred rupees plus 0.1 per
cent. of the amount above rupees
ten  lakh  subject  to  maximum  of
rupees  twenty-five  lakhs]].

1 This article was added by Mah. 12 of 2006, s. 4(8).
2 These  words  were  substituted  for  the  words  “one  hundred  rupees”  by  Mah.  20  of  2015,

s. 20(34)(i).

3 These words and figures were substituted for the portion beginning with the words “One hundred
rupees” and ending with words “maximum of rupees five lakh” by Mah. 20 of 2015, s. 20(34)(ii).

1958 : Bom.  LX]

Maharashtra  Stamp  Act

85

SCHEDULE  II
ENACTMENTS  REPEALED
(See  section  76)

Enactments
(3)

Extent  of Repeal
(4)

Year No.
(2)

(1)

1899 II

1899 II

The Indian Stamp Act, 1899 in
its  application  to  the  pre-
Reorganisation  State  of
Bombay,  excluding  the
transferred  territories  and
to the Vidarbha Region and
the Kutch area of the State
of Bombay.

The Indian Stamp Act, 1899 as
applied  to  the  Saurashtra
Area  of  the  State  of
Bombay.

1331 IV The Hyderabad Stamp Act,
Fasli

1331-F.

1932 II

The  Bombay  Finance  Act,

1932.

The whole except in so far as it
relates 
documents
to 
specified in entry 91 of List I
in  the  Seventh  Schedule  to
the  Constitution  of  India.

The whole except in so far as it
documents
to 
relates 
specified in entry 91 of List I
in  the  Seventh  Schedule  to
the  Constitution  of  India.

The whole except in so far as it
relates 
documents
to 
specified in entry 91 of List I
in  the  Seventh  Schedule  to
the  Constitution  of  India.

Parts  IV  and  V  containing
sections 15, 16, 17, 18  and 19.

1943 XIV The  Bombay  Insurance  of

The  whole.

Stamp Duties Act, 1943.

GOVERNMENT CENTRAL PRESS, MUMBAI.

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

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GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
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PUNE 411 001.
Phone : 020 - 26125808, 26124759

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GOVERNMENT PRESS AND BOOK DEPOT
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THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
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AURANGABAD 431 001.
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AND THE RECOGNISED BOOKSELLERS

