Stamps Act 1860, 36 of 1860, (Rep., Act 10 of 1862) section 1860: tnd Section XI…

Repealed or not in force · As amended up to 2026-08

II. For every Deed, Instrument, or Writing which ~111111 be executecl sbamp D~~~ un- * from the time when this Act shall come into force, and der Schedule A. which shall be of any of the lcinds specified as requiring Stamps by the Schedule A, annexed to this Act, there shall be payable to ~overnfnent q Stamp Duty of ihe amount indicated in the said Schedule to be pq:pher for such meed, Instrumest, or Writing. C Section 1860 1860. f - i ~ , - ' Section 1860 111. If any person shall draw, accept, endorse, negotiate, pay, or receive Penalty fop &wingkc. p a p e n t of any Bill of Exchange, Promissory Note, `~ ! $ ~ $ f o j p " E ~ ~ ~ ~` Draft, .Cheque, or other similar Instrument, or if any &c. person shall make, execute, sign, or be - a party to any Deed, Instrument, or other Writing, engrossed on wlstamped or ins~&cientl~ Stamped paper or other material, which shsuld bear a Stamp of the value.set forth in Schedule A, such person, so offending, shall foifeit a sum not exCeeding one hundred Rupees, or a silm equal to ten times the value of the Stamp onlitted to be used, if the sum so calculated exceed one hundred Rupees. IV. The Governor-General in Couilcil shall prescribe the fornl and ~o~ernor- ene era^ `in` material of the Stamps to be used, and the mode and Council to prescribe the form to bo &, p1acc of impressil~g, affixing, or denoting thereon the a;~. value thereof under the provisions of this Act, and ma,y lsom tinie to time alter and vary such orders. All orders made by the Goveraor-General in Council under this Section shall be published in the Official Gazettes of the several Presidencies and places in ~vhich such orders are to be in force, The Duty imposed by this Act oil every Receipt, and on everj'Dr%fl or Orcler for the p?;v?nent of inoney on demnncl, bearing the date on ~vhich the Draft, or Ordcr is made, ]nay be de~loted' `t` !, ACT KO. XXXTTI OF 1860.i 3- Section 1860 |ACTNo.X X % ~|X X % ~ f - i ~|, -- X X % ~ f - i ~ 1860. '| |---|---|---| |||PROPER STAMPS.| |15.Security Bonds or other obcbtions||| |a Court of Justice,||| |on boad of .suchShip-or Vessel,||| |"\||| |17.Composition Deeds or other Instru- ments of composition between a debtor or debtors and his, her, or their creditors, ...|Composition Deeds or other Instru- I ...|B 8Rupees.| |18.Contracts and Deeds, if not otherwise specially provided for,||As agreements.| |19. Conveyances or Deeds or Instru-|Conveyances or Deeds or Instru-|| |ments ofanykind or description whatsoever,||| |executed for the sale or transfer, for a consi-|executed for the sale or transfer, for a consi-|| |deration, of any lands, tenements, rents, an-|deration, of any lands, tenements, rents, an-|| |nuities, or other property, real or personal,|nuities, or other property, real or personal,'|| |moveable or immoveable, or of any right, title,||| |or claim to or upon, or interest in, any lands,|or claim to or upon, or interest in, any lands,|| |houses, rents, annuities, or other property,||| |that is to say, for or in respect of the princi-|that is to say, for or in respect of the princi-|| |pal or only Deed, Instrument, or Writing|pal or only Deed, Instrument, or Writing|| |whereby the property sold shall be conveyed|whereby the property sold shall be conveyed|| |to or otherwise vestedinthe purchaser or|the purchaser or|| |purchasers, or to some other person by his,|purchasers, or to some other person by his,|| |her, or other directions.||| VI. In any;: case where i n adhesive Stamp shall he used for the purpose Obliteration ofadheaire aforesaid on any Receipt or upon ally Draft or Order Stamp when used. chargeable ~vitll the Duty of half anna or of one anna by this Act, the person by whom such Receipt shall be given or such Draft or Order signed or made; shall, before the Instrument shall be delivered out of his hands, custody, or power, cancel the Stamp so used, by writing thereon his name, dr the initial letters of his name, or in such other manner as to show that such Stamp has been made use of and so thbt the same may not be agah used ; abd if any person who shall write or give any such Receipt or discharge or make or sign any such Draft or Order' with any hdhesive Stamp thereon, shall not bn&Jide in manner aforesaid cancel such he shall forfeit a sum not exceeding one hundred Rupees. f Section 1860 I I . ACT No. '%~~'VY!& `X&O.` Section 1860 VII. The Duties imposed by this Act on ~ o & i ~ n Bills of Exchange shall be Stamps on Foreign Bills paid on account of all Bills drawn within, but payable out of Exchange, &c. of, the British Territories io%&a, and on account of all Rills drawn out of the British Territories in India,rwhich shall be payable within those Territories, or shall therein be endorsed, transferred, or otherwise negotiated, \vheresoever the same may be payable ; and the Duties so imposed on Bills dra>m out of the British Territories in India, shall be de~roted byadhesive Stamps to be affixed to such Bills as hereinafter directed. VIII. Every Bill of Exchange which shall purport to be drawn at any place sills `to` be out of the British Territories I11 India shall, for all the purthe purposes of this abroad deemed Act `to` poses of this Act, be deemed to be a Foreign Bill of Exchange `be` SO drawn. drawn out of the British Territories in India, and shall be chargeable with Stamp Duty accordingly7 notwithstailding that in fact the same may have been drawn within those Territories. Section 1860 |When the purchase or consideration money therein expressed or denoted shall not exceed1 I.|I. Rs.|As.|As.|| |---|---|---|---|---| |one hundre? Rupees. ...|1||0|| |Above 100 Rs, and not exceeding 2 0 0 ~ a .|2|0||| |) y 200,, ditto 4009,|4||0|| |,, 400,, ditto 8009,|8||0|| |9, 800 9, ditto 1,200,,|12||0|| |,, 1,200,, ditto 2,000,,|20||0|| |,, 2 , m,, ditto 3,0009, ,, 3,000,, ditto 4,0003,|30 40||0 0|| |4,000 9, ditto 5,0009,|50||0|| |,, 5,000,, ditto 7,500,,|7 5||0|| |,t 7,500,, ditto 10,0009,|100||0|| |,,10,000,, .ditto 20,000,,|150||0-|| |,,20,000,, ditto 40,000,,|200||0|| |_97_40,000,, ditto 60,000,,|300||0|| |..60,000,, ditto 80,000,, ditto 100,000,,I further, 50,0009 9 Orpartthereof, ... I|400 500 206 100||0 0 0 0|| |Conveyances when the cornideration is The SaIne Stamp as for a Conveyance when||||| |nuity,|the purchase money is equal to ten times the annuity.|||the purchase money is equal to ten| |Conveyances of any kind whatever not The same Duty as would be charged ifa otherwise charged,ifthe value of the considerationinmoneyequaltosuch conveyed or of the consideration for the Con- value were expressedinthe Conveyance -veyance be stated or appear on the astheconsiderationthereof.||||| |Conveyance, ...||||| |Ifno value appear on the face of the Con-i veyance, NOTE.^^^of several Deeds, Instru- ments, or Writings, a doubt shall a~ise which is . the principal, it shall be lawful for the parties to|i Fifty Rupees. .|||| |determine for themselves which shall beSO||||| |eeme d. I11all cases, however, where there||||| |more Deeds than one, every other Deed|||. I,|.| |e prhcipal requircs thesameStamp||||| L P . ~,,..,t~ br negotiating[llerson ][dl.ill ][present for pa~~mellt ] or shall or endorse, affixed or for neglecting sucl~ Bill witllout a Stamp to transfer or negotiate any such Hill as aforesaid ~vliereoncancel snch St?mp. there shall not be sub11 acihcsi~re Stniiip as aforesaid, duly affixed, o r if ally person, who ought as directed by this Act to cancel S U C ~ Stanlp in n;anner afo'oresaid, sliall refuse or neglect so to do, sucll persoil so offending in a:ny no person who shall tj&e or receive froill any other person any sucli Rill as aforesaid either on payment or as a security or by purchase or otherwise, shall be entitled to recover thereon br to make the same available for any purpose w!latever unless at the tilne when he shall so take or receive such Rill, there shall be such Stamp as aforesaid ai3xed'tliereon and cancelled i11 the ,manner . . . . ? . . . . within the British Territories in India transfer or liegotiate ACT No. XXXVI `OF` 1860. Section 1860 |---+ =4||||||| |---|---|---|---|---|---|---| |as the prillcipal Deed, if of value notex||||||| |ingeight Rupees (which &all betEe||||||| |mum Stamp for collateral Deeds), and all sdeh||||||| |collateral Deeds shall specify by theirco||||||| |which other is the principal Deed by||||||| |the Conveyance has been effected, certifykg that it is executed on the proper Stamp. J||||||| |Transfers of the shares of anyBanking|||';.|||| |poration or anys Joint Stock Cowany,|||Rupees.|Rupees.|Alznas.|| |endorsement or otherwise,whenthe|||0||4|| |nominal valuc of the share so transfel~ed...' not excccd100Rupees, per share, % "-|..' "-|||||| |When the value exceeds1 9Xis.and'nab', 200Rs. I. ..#41 a||-|0|8||| |When the value exceeds200Rs.||||||| |300Rs. ...|...||0||12|| |1 When the value exceeds300Rs. and not|||a||o|| |400Rs. .-.||||||| |and for every additional value of100Rs.afur-||||||| |ther Duty of4annas, and for the transfer of||||||| |every quarter or half of any such share, a cor-||||||| |responding rate of Duty.||||||| |Alltransfers of subscriptiontoany ofthe - Government Loans, or other Government_So-_|I , I I|||||| |curities.|I|||||| |.20.CO-PARTNP,R~HIP.-D~~~S or other||||||| |Instruments of, . . .|. . .|||||| |21.COPIES.-Copy or Ext~act of any Deed .orInstrumentattested to beatrue copy or extract and furnished for the purpose of being given in evidence for the i.eco\ cry of any suln of money, property, interest,orright secured t11ereby ...|I given in evidence for the i.eco\ cry of any suln1 J right secured ...|1|same~~t~asprescribed 1 ginalDeedby*is Act. . , ,|||forthe ori- *'| |F||||||| ||||C|||| Section 1860 XI. ~f ally persoil shall affix or use an Penalty for use of adhekllowledge shall llalre been sive Stamp nrhich has been reluoved frolll a Kecel13fi,[paper "liereon ][atly ][Rcwipt~ ] 8tc. Excliange shall have been I>raft, Order, or Bill of Exchange, or illy pager Draft, Order, or Bill of Exchange &all iie'or be'i any person shall do oiCpractise or be concerned iri or device whatever not specially provided for by intent to defraud the Goverilment of any duty impoakd 6f't&s Act upon Receiptr or up011 Drafts, Orders, or Bills of ~ x c h a n ~ e - e v ~ r ~ ' ~ e r s o n so ;ifending in any of the said several cases shall forfeit a su$110t;'excee&hg two hundred Rupees. . ." ||||6|6|||| |24. Copies authenticatedofany records,|1||||||| |letters, accounts, statements, reports, or other|\||||0||| |For copies ofsRevedue ,and Judicial Papers to be given from theCourtsof Justice, Reve- nue Ihtcherries,&c., ...I||SkeSclledu I|||||| |Copies of papers which Public Officers are|Copies of papers which Public Officers are||||||| |directed by any law or general regulation to|directed by any law or general regulation to||||||| |make, require, or furn'ish, for which Stamps are|make, require, or furn'ish, for which Stamps are||||||| |not specially required by this Schedule.|||||||| |25.Deeds of gift and dower whether toI take effect on the instant, or at a future period, determinate or indeterminate . ..||I * The same Stamp as for Conveyances.||||The same Stamp as for Conveyances.|The same Stamp as for Conveyances.| |26.Deeds of any kind not otherwise par- ticularized in this Schedule ...|Deeds of any kind not otherwise par- ...|As Agreements.||||As Agreements.|| |27.EXCHANGES.-Any Deed or Instru-|EXCHANGES.-Any Deed or Instru-1|1|||||| |men' whereby any re' ~ r o l ) e r t ~ shall be con-|||same stampasfor||||forconvey ances.| |veyed or surrendered ill exchange for other|||||||| |property- ..,|,||||||| |enlents to cultivate, produce, ive any article of coinmerce iu . ..|t ive any article of coinmerce iu . ..|t Shall be charged on the ainount advanced at the rate of Bonds.|||Shall be charged on the ainount advanced at the rate of Bonds.||| Section 1860 ACT No. XXXVI `OF` 1860. contingent, in consideration of a sum of money pdd in the way of premium, fine, or the like, if without rent PROPER STABIPS. -- Deed of Sale for a suln of the amount of such consideration. |-||D||- - -|- - -| |---|---|---|---|---|---| ||||||| ||Rs.|Rs.|As.|Rs.|As.| ||0||4|0|8| ||fl 0 1 2||8 12 02 cr,|0 1 2 4|12 0 0 0| ||4|4|0|8|0| ||8- 16 24 40 100 200 loo||0 0 0 0 0 0 0|16 32 48 80 200 400 200|0 0 0 0 0 0 0| inium- ||inium-|inium-|inium-|inium-|inium-|||| |---|---|---|---|---|---|---|---|---| ||TVhere the rent calculated for|||||TVhere the rent calculated fora||awllole year| |"|shall not exceed 24 Rupees|||shall not exceed 24 Rupees||||...| ||Exceeding 24 Rupeeq but not exceeding 50||||Exceeding 24 Rupeeq but not exceeding 50I&.|||| ||7 ,||50|7 ,*||7 ,||100,,| ||,,|,,|100|,,||,,||250,,| ||7,||250|,,||7,|\|500,,| ||9 ,||500|9 ,||1 7||1,000,,| ||7 ,|3|1,000 3|,,|*|,,||2,000,,| ||,,|,,|2,000|,,||7 ,||4,0003,| ||,a||4,000|,,||7 )||6,000,,| ||7 ,||6,000|,,||1 1||10,000,,| ||,,|,,|10,000|,,||7 7||25,000,,| ||9 ,||25,000|3 ,||7 7||50,000,,| ... - ACT BQ, <, r PXX(JI `2` i `OF` 1860. I,. ==> picture [61 x 11] intentionally omitted <== Section 1860 and for every additional 25,000 or part thereof, 31. Any lease of lands, houses, or other real property at a rent for an and without any payment of any sum of money by way of fine or premium o . . - Stamp as f;r a lease for `u` one year. - Stanlp of value equal to the joint - values of the Stamps for a Conveyance in consideration of the fine, and a lease for the rent. yenalLy 11 exe~uurm vlL vlL , , n a a n ~ u d o r iami~icie11t1~ baper and brought ,psd nitllii1 tllirty days of execution. deficient ~ ~ t g ; Wndty `3` bsoughrwifi- ' tion or six months in three of of execAct - execAct - Act - - comlllg into fol%ce. will slake up the proper ainouilt of Stamp Duty and - five tinles the anlou~lt of the tinles the anlou~lt of the - Pezlalty if not brought w i t t ~ n t11e two peviodq last mectioned. Stamp Duty and twenty tiines the deficient deficient Duty. Tl~i~d.--Pt shall be the duty of the Collector of the Stainp Revenue of ~&;r `%:Q.C<` FW.-An entry of such payment and of B e amount thereof shall be made also be , and . shal ument, or Vri ting, arid s . Section 1860 ACT Pu'o. XXXTTI OF 1860.' I I and shall be signed by a Judge of the Court. The Cburt shall at the end of every month make a return to the Collector of evenue of the -j,istrict, of the monies (if any) which it has so recei shjllg between the monies received hy way of l~knalty and those rec by may of Duty, stating the number and title of the suit and the name from jvhorn SUCII lnonies were received, and the date, if any, and dssC&@on of the document, for *. the purpose of identifying the same, and the Court shall pay over the said monies to such Collector or to such person 'as he may appoint to receive the same. And S U C . ~ Collector or other proper authority shall, upon the production of the Deed, Instrument, or Writing, with the endorsement hereinbefore mentioned, cause it to be Stamped thereon with a Stamp of the amount paid into Court on account of such Duty. All the pr~visions hereinbefore contained as to the mitigation or pa~rlmnt of penalties paid to the Collector shall be applicable to penalties paid into Corn%. f -a K~ unstamped or inst&Sbth.--Xo Deed, 1nstrUment~or Writing executed on eiently stampai Deed Le. ~nstamged or insuEciently Stamped paper shall be Stampto `be` stamped except doresaid. ed at any time after the execution 'thereof, except as aforesaid ' SV. Every person receivii~g payment of any sui-11 of Inoney, the receipt for which uncler this Act requires `tt` Stamp, shall, ir required, Expense of providing Receipt. Stamps, &c. give a receipt bearing the proper Stanlp indicated by this Act, and shall bear the expense of furnishing the same, and in case of ref1isa.l shall be liable to a penalty not exceeding one h~ulclrecl Rupees. The expense of provicling Sl;anip 01 all Bi.lls of Exchange, Lett~ers of Credit, Drafts, cheques 011 Bankers or others, Promissory Notes, and other Orclers aiicl Obligations for the paylllent of nloiley made or drawn in the British Territories in India (not being Bonds or Iustr~uuents or Writings bearinn the attestation of one or inore 3me by the p dra 5 the were contained in the body of the Act. . Q t Officers for the . . . . ,, % . . ' issue, the-name of the person to whom it is issued, and his ow11 ordinary signature, on pain of a fine not exceeding one hundred Rupees. Section 1860 , XXII. Any vender who shall knowingly write a false da,te or name on ' penalty for falseendorsethe back of any Stamp, shall be ponished by a fine not ment. exceeding five hundred Rupees, or imprisonment not exceeding three months, or both. XXIII. Every vender of Stamps shall, without delay, deliver any Stamp Delay by vender which he has in his possession for sale on demand by any is issuing Stamps. person tendering the value" in any currency which the vender is duly authorized to receive in payment for Stamps, on pain of a fine not exceeding one handred Rupees. XXIV. `e` Ally vender who demands or accepts for any Stamp any consideration other tllan the value thereof in. such currency a-s Stamp ~ender accc@ing ally consideratioll other he is duly autllorized to receive in payment for stamps, than that authorized. sllall be puiisl~ed by a fine not escoodiug one lrnndred Rupees. C `in` + I - - -' &-< `a.S-` +rw+.f*&\'"r .r=L-CT' - .-- - -- " - % . i XXVI. Any vender or other person m-110, after ally period which may have been appointed by the Governor-General in Coullcil Illegal sale of old Stamps. for the coillnlencement ofthe use of new Stamps, sells any old Stainps, shall be p~uzished by a fine not exceeding one l~~mrlred Rupees. c ! Aa'Ii %a. XXXTTI OF i86'0. wY Collector of the Stamp Rweritbe'~f..tbe District is! empowered to adopt for the recovery of the value of an$,&am~~dx haliince of cash reinaiiriirg in the han(ls of or standing against such qe&w+* `m,` `3.` t s i 1 <. L . < 5 :* %<.. 2% - - - ,:~:*:;;S@;.:'.py `-9` `3,:~` 1 ,Y. . Section 1860 i r . r \ ., c . i a a .5 > * + < .v XXX. ,In any if the cases specified in the pracediog Sect?ons the Collecprocedings agaitlst tor of the Stainp Revenue of the . District inay call upon.. snretiesof Stampvender. the surety or sureties of the vender, or any of thenl, tco make good the value of the balance of Stamps standing against the vender i11 the books of the said Collector, or the balance of money stailding against, the vender in the books of the said Collector, and on his or their failure to do so, may proceed against all or any of theill for the recovery of the value of the bal~plce of Stamps or for the recovery of the balance of nloiley as aforesaid, in tlie sanle illanner as Collectors of Land Revenue are authorized by law to pro&ecl against the sureties of persons owing Revenue or rent to Govenlment. XXXI. No person not being a liceilsed vender of Stainps duly appointed, vnliceused sale of shall sell any Stamp unless it has been in an authorizecl Stamp. manner obtained for use aid not for sale, under paill of 3 filie not, exceeding one hundred Rupees ; provided that notl~ing in this Section shall be held to apply to any adhesive Stamp. XXXIV. `'No` `B` XXXIV. No Justice of the Peace or any Officeq before whom an affidavit i s,~,, on celfain a&not made for the immediate purpose of -being filed, read, davits. or used ill any court of Laov f may be taken, shall re- f r , ceive or attest such affidavit unless it be written on a ' ~ t ~ r n 5 of not less than the value prescribed in Schedule A annexed to this ~ c t : Section 1860 XXXV. From the time when this Act sh& come i*to force, i; all cases Conveyance to state[of the sale of any lands, annuities, ][or ]['bthei property, real ] tr111y the amount of the or personal, moveable 01- imm~veab~~;'~r of any rigbt, title, purchase money. interest, or claim in any such prop&&, w h e ~ a Duty is*inl- . r e l posed by this Act on the conveyance thereof, the fullA *&e"dr .* . &813s&eration money dSectly or indirectly paid or secured or agreed &'%e paid for the same, shall be truly expressed and set fort11 in words at len@Qin i%g$iincipaJ. Deed, Instrument, or Writing, whereby the property sold s h d ~d `'&$&ed` to of vested in the purchaser or in any other person; and if the futl ~ ~ d & a s e or considkration money s h a not be Mly and tmly expressed and set fd;th'in Lh<"d&er dotie directed, the pur'chaser and siller shall each forfeit a s& not' exceeding f;ve hundred Rupees, and be charged with the payment of five times the amount of the excess of Duty which would have been payable for the said Deed, Instrument, or Writing in respect of the full purchase or consideration money, if the sane had been duly expressed i~ the said Deed, Instrument, or Writing beyond the amount of Duty actually paid for the same. .! *&.- . +? +? . XXXIX. The offenc X~II shall be tried by over the same: ~vlzether it or ot,lier Officer. . . ., . -< ,. . - ' . . .:;.T.'T.'T.'c* . -- . , - , , ~ ~ s $ i : , ~ $ * ~ , '3. `&,L*%z.` " `i` z g :.? \ > >> ' ; , . suclz piece of paper or other materials. XLII. This Act shall coizze into force froni tlze 1st Comr~eucemeut of Act. e n , ., ,,,-&A 3 - .&?, I No. XXXVI `OF` 1860. SCHEDULE A. S'tc[t?jiny Deeds, It~st?um~nt~, and Ifiiti7zys wlticl~ ~ ~ e ~ u i r e Stantps for those Deeds, rnstrunze?zts, and m%thzgs. Stamps, and i7zdicating tile pl.oper L

Source: India Code