The Indian Stamp (Orissa Amendment) Act, Keyword(s): Stamp Duty, Description Instrument, Treasury, Indian Stamp Act

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1 The Indian Stamp (Orissa Amendment) Act, 1983 Act 8 of 1983 Keyword(s): Stamp Duty, Description Instrument, Treasury, Indian Stamp Act Amendments appended: 1 of 2003, 5 of 2004, 8 of 2009, 8 of 2013, 16 of 2013, 1 of 2015 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

2 ORISSA ACT 8 OF 1983 * THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 1983 [Received the assent of the Governor on the 5 th April 1983 first published in an extraordinary issue of the Orissa Gazette, dated the 5 th April 1983] AN ACT TO AMEND THE INDIAN STAMP ACT, 1899 IN ITS APPLICATION TO THE STATE OF ORISSA Be it enacted by the Legislature of the State of Orissa in the Thirty-fourth year of the Republic of India, as follows:- Short title and Commencement. 1. (1) This Act may be called the Indian Stamp (Orissa Amendment) Act, Substitution of Schedule 1-A. (2) It shall be deemed to have come into force on the 17 th day of January, For Schedule 1-A of the Indian Stamp Act, 1899 (hereinafter referred to) as the principal Act, the following schedule shall be substituted, namely:- 2 of 1899 SCHEDULE 1-A STAMP DUTY ON CERTAIN INSTRUMENTS UNDER THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 1983 (See Section 3) Note- The articles in Schedule 1- A are numbered so as to correspond with similar articles in Schedule 1. Description Instrument Proper Stamp-duty (1) (2) 2. ADMINISTRATION BOND, including a bond given The same duty as a BOND under sections 291, 375and 376 of the Indian Succe- (No.15) for the same amount, ssion Act, 1925 or section 6 of the Government savings Banks Act, of of ADOPTION DEED, that is to say, any instrument Rupees thirty-seven and (other than a will) recording an adoption or confe- fifty paise. rring or purporting to confer an authority to adopt. 4. AFFIDAVIT, including an affirmation or declara- Rupees five tion in the case of persons by law allowed to affirm or declare instead of swearing. * For Bill See Orissa Gazette Extraordinary, dated the 26 th March 1983 (360) 1

3 Exemptions Affidavit or declaration in writing when made- (a) as a condition of enrolment under the Army Act, 1950 or the Air Force Act, 1950; 46 of of 1950 (b) for the immediate purpose of being filed or used in any Court or before the Officer of any Court; for the sole purpose of enabling any person to receive any pension or charitable allowance. 5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT. Subject to maximum of rupees, thirty-seven and fifty paise thirty- five paise for every ten thousand or part thereof of the value of the security or share. (a) if relating to the sale of a Bill of Exchange; (b) if relating to the sale of a Government security or share in an incorporated Company or other body corporate; Fifty paise if not otherwise provided for.. One rupee and ninety paise Exemptions Agreement or memorandum of agreement- (a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43; (b) Made in the form of tenders to the Central Government for, or relating to, any loan. AGREEMENT TO LEASE- See LEASE (No.35) 6. AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE that is to say, any instrument evidencing an agreement relating to- (1) The deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than a marketable security), or 2

4 (2) The pawn or pledge of movable property, where such deposit, pawn or pledge 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) It such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement; Description of Instrument Proper Stamp-duty (1) (2) If drawn singly 3 If drawn in set of two, for each part of the set If drawn in set of three, for each part of the set (1) (2) (3) (4) Rs. P. Rs. P. Rs. P. When the amount of the loan or debt does not exceed Rs. 100; When the amount of the loan or debt exceeds Rs but does not exceed Rs. 200; When it exceeds Rs. 200 but does not exceed Rs. 400; When it exceeds Rs.400 but does not exceed Rs. 600; When it exceeds Rs.600 but does not exceed Rs. 800; When it exceeds Rs.800 but does not exceed Rs. 1,000; When it exceeds Rs.1,000 but does not exceed Rs. 1,200; When it exceeds Rs.1,200 but does not exceed Rs.1,600; When it exceeds Rs.1,600 but does not exceed Rs. 2,500; When it exceeds Rs.2,500 but does not exceed Rs. 5,000; When it exceeds Rs.5,000 but does not exceed Rs. 7,500; When it exceeds Rs.7,500 but does not exceed Rs.10,000; When it exceeds Rs. 10,000 but does not exceed Rs.15,000; When it exceeds Rs. 15,000 but does not exceed Rs. 20,000; When it exceeds Rs20,000 but does not exceed Rs. 25,000; When it exceeds Rs. 25,000 but does not exceed Rs.30,000; And for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000; (b) if such loan or debt is repayable not more than three Half the duty payable on a loan or debt

5 months from the date of such instrument. Exemption Instrument of pawn or pledge of goods, if unattested 7. APPOINTMENT OF EXECUTION OF A POWER, whether of trustees or of property, movable or immovable, where made by any writing not being a Will. 8. APPRAISEMENT OR VALUATION, made otherwise than under an order of the Court in the course of a suit- (a) where the amount does not exceed Rs. 1,000 under clause (a) for the amount secured Sixty-two rupees and fifty paise The same duty as a BOTTOMRY BOND (No.16) for such amount. 1 of of 1850 (b) in any other case Eighteen rupees and seventy-five paise Exemptions (a) Appraisement or 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. APPRENTICESHIP-DEED including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any profession, trade or employment, not being ARTICLES OF CLERKSHIP. Exemption Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850, or by which a person is apprenticed by or at the charge of any public charity. 10. ARTICLES OF ASSOCIATION OF A COMPANY. Eighteen rupees and seventy-five paise. One hundred eighteen rupees and seventy-five paise. Exemption Articles of any Association not formed for profit and registered under section 25 f the Companies Act, See also Memorandum of Association of a Company (No. 39) * * * * ASSIGNEMENT- See CONVEYANCE (No. 23), TRANSFER (No. 62) and TRANSFER OF LEASE (No.63), as the case may be. ATTORNEY-See POWER-OF-ATTORNEY (No. 48). AUTHORITY TO ADOPT-See ADOPTION-DEED 4

6 (No.3). 12. AWARD, that is to say, any decision in writing by an arbitrator or umpire not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit- (a) where the amount or value of the property to which the award relates, as set forth in such award does not exceed Rs. 1,000. (b) if it exceeds Rs. 1,000 but does not exceed Rs. 5,000. and for every additional Rs. 1,000 or part thereof in excess of Rs. 5, BOND, as defined by section 2 (5) not being a DEBENTURE and not being otherwise provided for by this Act, or by the Court Fees Act, Where the amount or value secured does not exceed Rs. 10; Where it exceeds Rs. 10 and does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs. 100; Where it exceeds Rs. 100 and does not exceed Rs. 200; Where it exceeds Rs. 200 and does not exceed Rs. 300; Where it exceeds Rs. 300 and does not exceed Rs. 400; Where it exceeds Rs. 400 and does not exceed Rs. 500; Where it exceeds Rs. 500 and does not exceed Rs. 600; Where it exceeds Rs. 600 and does not exceed Rs. 700; Where it exceeds Rs. 700 and does not exceed Rs.800; Where it exceeds Rs. 800 and does not exceed Rs. 900; Where it exceeds Rs. 900 and does not exceed Rs.1,000; and for every Rs. 500 or part thereof in excess of Rs. 1,000. See (No.2) ADMINISTRATION BOND (No.16) BOTTOMRY BOND (No.26), CUSTOMS BOND (No.34), INDEMNITY BOND (No.56), RESPONDENTIA BOND (No.57), SECURITY BOND Exemptions Bond, when executed by- (a) headmen nominated under rules framed in accordance with the Bengal Irrigation Act, 1876, section 99, for the due performance of their duties under that Act; (b) any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem. The same duty as a BOTTOMRY BOND (No.16) or such amount. Twenty-three rupees and seventy-five paise. One rupee and twenty-five paise subject to a maximum of one hundred and twenty-five rupees. Thirty-five paise Forty-five paise One rupee Two rupees and fifty paise Three rupees and seventy-five paise Four rupees and seventy-five paise Six rupees Eight rupees and fifty paise Ten rupees Twelve rupees Sixteen rupees and twenty-five paise Eighteen rupees and seventy-five paise Nine rupees and forty paise 7 of 1870 Bengal Act 3 of

7 16. BOTTOMRY BOND, that is to say, any statement whereby the master of a sea-going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage- Where the amount of value secure does not exceed Rs. 10; Where it exceeds Rs. 10 and does not exceed Rs. 50; Where it exceeds Rs. 50 and does not exceed Rs. 100; Where it exceeds Rs. 100 and does not exceed Rs.200; Where it exceeds Rs. 200 and does not exceed Rs.300; Where it exceeds Rs.300 and does not exceed Rs. 400; Where it exceeds Rs.400 and does not exceed Rs. 500; Where it exceeds Rs. 500 and does not exceed Rs.600; Where it exceeds Rs.600 and does not exceed Rs. 700; Where it exceeds Rs. 700 and does not exceed Rs. 800; Where it exceeds Rs.800 and does not exceed Rs. 900; Where it exceeds Rs. 900 and does not exceed Rs,1, CANCELLATION- Instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. See also RELEASE (No.55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61) REVOCATION OF TRUST (No. 64- B) 18. CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court or Collector or the Revenue Officer- (a) where the purchase money does not exceed Rs. 10; (b) where the purchase money exceeds Rs. 10 but does 6 Forty paise Eighty paise One rupees and fifty paise Three rupees Four rupees and twenty-five paise Six rupees Seven rupees and fifty paise Eight rupees and fifty paise Ten rupees Twelve rupees Sixteen rupees and twenty-five paise Eighteen rupees and seventy-five paise Eighteen rupees and seventy-five paise Forty paise Eighty paise not exceed Rs. 25; in any other case The same duty as a Conveyance (No. 23) for a consideration equal to the amount of the purchase money only. * * * * 20. CHARTER PARTY- that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charter whether it includes a penalty clause or not. Five rupees * * * * 22. COMPOSITION DEED- that is to say, any Thirty-seven rupees and fifty paise instrument executed by a debtor, whereby the conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend or their debts is secured to the creditors, or when by provision is made for the continuance of the debtors business under the

8 supervision of inspectors or under letters of licence, for the benefit of his creditors. 23. CONVEYANCE- As defined by section 2 (10) not being a transfer charged or exempted under No. 62- Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50; Where it exceeds Rs. 50 but does not exceed Rs. 100; Where it exceeds Rs. 100 but does not exceed Rs. 200; Where it exceeds Rs. 200 but does not exceed Rs. 300; Where it exceeds Rs. 300 but does not exceed Rs. 400; Where it exceeds Rs. 400 but does not exceed Rs. 500; Where it exceeds Rs. 500 but does not exceed Rs. 600; Where it exceeds Rs. 600 but does not exceed Rs. 700; Where it exceeds Rs. 700 but does not exceed Rs. 800; Where it exceeds Rs. 800 but does not exceed Rs. 1,000; and for every Rs. 500 or part thereof in excess of Rs. 1,000 Exemptions Assignment of copyright under the Copyright Act, 1957, section 18. CO-PARTNERSHIP DEED (See Partnership No. 46). 24. COPY OR EXTRACT- Certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees- (i) if the original was not chargeable with duty, or if the duty, with which it was chargeable does not exceed one rupee; (ii) in any other case 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 any public purpose. (b) Copy of, extract from any register relating to births, baptisms, namings dedications, marriages, divorces, deaths or burials 25. COUNTERPART OR DUPLICATE- of any instrument, chargeable with duty and in respect of which the proper duty has been paid- (a) if the duty with which the original instrument is chargeable does not exceed one rupee and fifty paise; One rupees and fifty paise Three rupees Six rupees Eight rupees fifty paise Twelve rupees Fifteen rupees Seventeen rupees Twenty rupees Twenty-three rupees Thirty-seven rupees and fifty paise Eighteen rupees and seventy-five paise One rupee and ninety paise Three rupees and seventy-five paise The same duty as is payable on the original 14 of

9 (b) in any other case Exemption Counterpart of any lease granted to a cultivator, when such lease is exempted from duty. 26. CUSTOMS BOND- (a) Where the amount does not exceed Rs. 1,000; Three rupees and seventy-five paise The same duty as a BOTTOMRY BOND (No. 16) for such amount. (b) In any other case Twenty-three rupees and seventy-five paise. * * * * DECLARATION OF ANY TRUST-See TRUST (No. 64) * * * * DEPOSIT OF TITLE-DEED See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No,6). DISSOLUTION OF PARTNERSHIP-See PARTNERSHIP (No. 46). 29. DIVORCE-Instrument of, that is to say, instrument by which any person effects the dissolution of his marriage Five rupees DOWER- Instrument of See SETTLEMENT (No. 58). DUPLICATE- Se COUNTERPART (No. 25) 31. EXCHANGE OF PROPERTY-instrument of- The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. EXTRACT-See Copy (No.24) 32. 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) Article No. 40 (that is, without possession); The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount of the further charge secured by such instrument. (b) When such mortgage is one of the descriptions referred to in clause (b) of Article No.40 (that is, without possession)- (i) If a the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument; The same duty as a CONVEYANCE (No. 23) for a consideration equal to 8

10 (ii) If the possession is not so given the 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. The same duty as a BATTOMRY BOND (No. 16) for the amount of the charge secured by such instrument. 33.GIFT- Instrument of, not being a SETTLEMENT (No. 58) or WILL or TRANSFER (No. 62). The same duty as a CONVEYANCE (No. 23) for a consideration equal to the value of the property as set forth in such instrument. HIRING AGREEMENT or agreement for service- See AGREEMENT (No. 5). 34. INDEMNITY BOND The same duty as a SECURITY BOND (No. 57) for the same amount. INSPECTORSHIP DEED- See COMPOSITION DEED (No. 22). 35. LEASE, including an under-lease or sub-lease and any agreement to let or sub-let- (a) Where by such lease the rent is fixed and no premium is paid or delivered- (i) Where the lease purports to be for a term of less than one year; The same duty as a BOTTOMRY BOND (No. 16) for the whole amount payable or deliverable under such lease. (ii) (iii) Where the lease purports to be for term of not less than year, but not more than five years; Where the lease purports to be for a term exceeding five years, but not exceeding ten years; The same duty as a BOTTOMRY BOND (No. 16) for the amount value of the average annual rent reserved The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of the average annual rent reserved. (iv) Where the lease purports to be for a term exceeding ten years, but not exceeding twenty years; The same duty as a CONVEYANCE (No. 23) for a consideration equal to twice the amount of value of the average annual rent reserved. (v) Where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years; The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the 9

11 (vi) (vii) (viii) Where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years; Where the lease purports to be for a term exceeding one hundred years, or in perpetuity; Where the lease does not purport to be for any definite term; average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to four times the amount or value of the average annual rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to one-sixth of the whole amount of rent which would be paid or delivered in respect of first fifty years of the lease. The same duty as a CONVEYANCE (No. 23) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. (b) Where the lease is granted for a fine or premium, or for money advanced in addition to rent reserved; Where the lease is granted for a fine or premium, or for money advanced in addition to rent reserved. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered: Provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed one rupee and ninety paise. Exemption Lease, executed in the case of a cultivator and for the purpose of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term 10

12 is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. Explanation- When a lessee undertakes to pay any recurring charge, such as Government revenue, the landlord s share of cesses, or the owner s share of municipal rates or taxes which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent. * * * * LETTER OF GUARANTEE- See AGREEMENT (No. 5). 38. LETTER OF LICENCE that is to say, any Thirty-seven rupees and fifty paise agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. 39. MEMORANDUM OF ASSOCIATION OF A COMPANY- 1 of of 1956 (a) if accompanied by articles of association under section 26 of the Companies Act, (b) if not so accompanied Exemption Seventy-five rupees One hundred and ninety-three rupees and seventy-five paise. Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, MORTGAGE-DEED, NOT BEING AN AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE (NO. 6), BOND (NO. 15), MORTGAGE OF A CROP (NO. 41), RESPONDENTIA BOND (NO. 56) OR SECURITY BOND (NO. 57)- (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. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount secured by such deed. The same duty as BOTTOMRY BOND (No.16) for the amount secured by such deed. Explanation- A mortgagor who gives to the mortgage a power-of-attorney to collect rents or a lease of the property mortgaged or part 11

13 thereof, is deemed to give possession within the meaning of this article. When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stampedfor every sum secured not exceeding Rs. 1,000; and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. One rupees and ninety paise One rupees and ninety paise Exemptions (1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883, of the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such advances. 19 of of 1884 (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 crop, whether the crop, is or not in existence at the time of the mortgage- (a) when the loan is repayable not more than three months from the date of instrumentfor every sum of secured not exceeding Rs. 200 and for every Rs. 200 or part thereof secured in excess of Rs. 200; Thirty paise Thirty paise (b) when the loan is repayable more than three months but not more than eighteen months, from the date of instrumentfor every sum secured not exceeding Rs. 100; and for every Rs. 100 or part thereof secured in excess of Rs NOTARIAL ACT that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a PROTEST (No. 50) made or signed by a Notary Public in the execution of the duties of his Forty paise Fifty paise Three rupees and seventy-five paise 12

14 office, or by any other person lawfully as a Notary Public. See also PROTEST OF BILL OR NOTE (No. 50). 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 any goods, exceeding in value twenty rupees; (b) of any stock or marketable security exceeding in value twenty rupees; Fifty paise Subject to a maximum of rupees thirtyseven and fifty paise, forty-five paise for every ten thousand rupees or part thereof of the value of the stock or security. 44. NOTE OF PROTEST BY THE MASTER OF A SHIP-See also PROTEST BY THE MASTER OF A SHIP (No. 51). 45. PARTITION-Instrument of as defined by section 2 (15). Two rupees and fifty paise The same duty as a BOTTOMRY BOND (No.16) for the amount of the value of the separated share or shares of the property. N.B.- 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: Provided always that- (a) When an instrument of partition containing an agreement to divided property in severality is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such a partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than one rupees and ninety paise. (b) Where land is held on Revenue Settlement for a period not exceeding thirty years and paying 13

15 46. PARTNERSHIP- A- Instrument of (a) where the capital of the partnership does not exceed Rs. 500; (b) in any other case. the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue. (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 one rupee and ninety paise. Nine rupees and fifty paise Fifty rupees 15 of 1872 B- Dissolution of- PLAN OR PLEDGE- See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6). 48. POWER OF ATTORNEY as defined by section 2(21) 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 Presidency Small Cause Courts Act, 1872; (c) when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); (d) when authorizing not more than five persons to act jointly and severally in more than one transaction 14 Twenty-three rupees and seventy-five paise. One rupee and ninety paise One rupees and ninety paise Three rupees and seventy-five paise Eighteen rupees and seventy-five paise

16 or generally; (e) when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction of generally; (f) when given for consideration and authorizing the attorney to sell any immovable property; (g) in any other case Thirty-seven rupees and fifty paise The same duty as a CONVEYANCE (No. 23) for the amount of consideration. Three rupees and seventy-five paise for each person authorized. N.B.- The term Registration includes every operation incidental to registration under the Indian Registration Act, of 1680 Explanation- For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one person. * * * * 50. PROTEST OF BILL OR NOT that is to say, any Five rupees 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. 51. PROTEST BY THE MASTER OF A SHIP that is to say, any declaration of the particulars of the 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 chatterers 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 Five rupees See ALSO NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). * * * * 54. RECONVEYANCE OF MORTGAGED PROPERTY- (a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000; The same duty as a CONVEYANCE (No. 23) for the amount of such consideration as set forth in the reconveyance. 15

17 (b) in any other case 55. RELEASE that is to say instrument not being such a release as is provided for by section (23-A), whereby a Person renounces a claim upon another person or against any specified property- (a) if the amount of value of the claim does not exceed Rs. 1,000; (b) in any other case 56. RESPONDNTIA 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 charge at the port of destination. REVOCATION OF ANY TRUST OR SETTLEMENT- See SETTLEMENT (No. 58)- TRUST (No. 64) 57. SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof, or executed by a surety to secure the due performance of a contract- (a) when the amount secured does not exceed Rs. 1,000; (b) in any other case Thirty-seven rupees and fifty paise The same duty as a BOTTOMRY BOND (No. 16) for such amount or value as set forth in the release Eighteen rupees and seventy-five paise. The same duty as a BOTTOMRY BOND (No. 16) for the amount of the loan secured. The same duty as a BOTTOMRY BOND (No. 16) for the amount secured. Eighteen rupees and seventy-five paise. 3 of of of 1884 Exemptions Bond or other instrument, when executed- (a) by headmen nominated under rules framed in accordance with Bengal Irrigation Act, 1876, section 99 for the due performance of their duties under that Act; (b) by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other subject or public utility shall not be less than a specified sum per mensem; (c) by persons taking advances under the Land 16

18 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 the due accounting for money or other property received by virtue thereof. 58. SETTLEMENT (A) INSTRUMENT OF (including a deed of dower). Exemption The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property settled as set forth in such settlement: 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 agreement is subsequently executed, the duty on such instrument shall not exceed one rupee and ninety paise. Deed of dower executed on the occasion of marriage between Mohammadans. (B) REVOCATION OF The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument of Revocation, but not exceeding thirtyseven rupees and fifty paise. 1 of 1556 See ALSO TRUST (No. 64) 59. SHARE WARRANTS to bearer issued under the Companies Act, Exemptions Share warrant when issued by a company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp-revenue, of- (a) one and a half percentum of the whole 17 One and a half times the duty payable on a CONVEYANCE (No.23) for a consideration equal to the nominal amount of the shares specified in the warrant.

19 subscribed capital of the company; or (b) if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital, one and a half percentum of the additional capital so issued. 61. SURRENDER OF LEASE (a) When the duty with which the lease is chargeable does not exceed seven rupees and fifty paise. (c) in any other case Exemptions The duty with which such lease is chargeable. Eighteen rupees and seventy-five paise. Surrender of lease, when such lease is exempted from duty. 62. TRANSFER (Whether with or without consideration)- * * * * of any interest secured by a bond of mortgage deed- (i) if the duty on such bond or mortgage deed does not exceed seven rupees and fifty paise; (ii) in any other case The duty with which such bond or mortgage deed is chargeable. Eighteen rupees and seventy-five paise (d) of any property under the Administrator General s Act, 1913, section 25; Thirty-seven rupees and fifty paise. (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. Eighteen rupees and seventy-five paise or such smaller amount as may be chargeable under clause of the article. Exemptions Transfer by endorsement- * * * * (b)of a delivery order, warrant for goods, or other mercantile document of title to goods;. * * * * (e) of securities of the Central Government See also Section TRANSFER OR LEASE by way of assignment and not by way of under lease. The same duty as a CONVEYANCE (No. 23) for a consideration equal to the amount of the consideration for the transfer. 18

20 Exemption Transfer of any lease exempt from duty- 64. TRUST-A-DECLARATION OF- of concerning any property when made by way writing cot being a Will. B- REVOCATION OF- or concerning any property when made by an instrument other than a Will. The same duty as BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding fifty-six rupees and twentyfive paise. The same duty as a BOTTOMRY BOND (No. 16) for a sum equal to the amount or value of the property concerned, as set forth in the instrument, but not exceeding thirtyseven rupees and fifty paise. Repeal and Savings. See also SETTLEMENT (No.58)- Variation See APPRAISEMENT (No. 8) 65.- 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 signed dock, warehouse or wharf, such instrument being or certified by or on behalf of the person in whose custody such goods may be. Rupees one 3. (1) The Indian Stamp (Orissa Amendment) Ordinance, 1982, is hereby repealed. Orissa Ordinance No. 11 of (2) Notwithstanding such repeal anything done or any action taken under the Principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the Principal Act as amended by this Act. 19

21 The Indian Stamp (Orissa Amendment) Act, 2001 Act 1 of 2003 Keyword(s): Treasury, Indian Stamp Act Amendment appended: 5 of 2004 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

22 ORISSA ACT 1 OF 2003 ' THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 2001 [ Received the assent of the president on Ihe 10th December, 2002, first published in an extraordinary issue of the Orissa Gazette, dated the 20th January, 2003 (No. 93) 1 AN ACT FURTHER TO AMEND THE INDIAN STAMP ACT, 1899 IN ITS APPLICATION TO THE STATE OF ORISSA AND TO REPEAL THE ORISSA ADDITIONAL STAMP DUTY ACT, BE it enacted by the Legislature of the Slate of Orissa in the fifty-second. Year of Ihe Republic of India as follows :- short lille. Amendment nfsec'ion 44 Amendment of section 6. 1, This Act may be called the Indian Slarnp (Orissa Amendment) Act, In section 4 of the Indian Stamp Act (hereinafter referred to as the principal Act) in sub-section (I), for the words "one rupee and eight annas", the words "ten rupees" shall be substituled. 3. In the proviso to section 6 of the principal Act, for the words "one rupee and eight annas", the words "ten rupees" shall be substituled. - Amendment 4. In section 31 of the principal Act, in sub-section (I), for Ihe words "not of secrion 31. exceeding five rupees" and "not less than fifty naye paise", Ihe words "not exceeding twenty rupees" and "not less than five rupees", shall respectively be substitu(ed. Amendment 5. In section 47-A of the principal Act, in sub-section (2-a), for the words of section 47- A. "two years", the words "lhree years" shall be substituted. Amendmenl ' of seclion For section 73 of the principal Act, the following section shall be sub- stituted, namely :- "73. (1) Every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, Ihe inspections 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 limes permit any officer authorised in writing by the Collector to enter upon any premises and to inspect for such purposes the regislers, books, records, papers, documents and proceedings and to take such notes and extracis, as he may deem necessary, without fee or charge and if necessary to seize them and impound the same under proper acknowledgement : Provided that such seizure of my registers, books, records, papers, docu- ments or proceedings in the custody of any Bank be made only after a notice of thirty days to make good the deficit of stamp duty is given. For Ihe Bill see Onssa Gazelte, Ewtra~rdinary dated,lhe

23 ' Explanation-For the purposes of (his proviso 'Bank' means a banking company as defined in section 5 of Ihe ~ankin'g Regulation Act, 1949 and includes the Slale Bank of India, constiluted by the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of lndia (Subsidiary Bank) ' Act, 1959 corresponding new Bank as define in lhe Banking Companies (Ac- - quisition and Transfer of Undertakings) Ad, 1970 and in the Banking Compa- nies (Acquisition and Transfer of Underlakings) Act, a Regional Rural Bank established under the Regional Rural Banks Act, 1976, Ihe Developmenl Bank of lndia established under the Industrial Industrial DeveIoprnent Bank of India Act, National Bank of Agriculture and Rural Devefopment established under the National Bank for ~~iiculture and Rural Development Act, 1981, the Life Insurance Corporation of lndia established under the Life Insurance Corporation Act, 1956, Ihe Industrial Finance Corpiration of lndia established under the lndusltial Finance Corporation Act, 1948, and as such other financial or banking instilulion owned. controiled or mpnaged by a State Government or Ihe Central Government, as may be behalf by the Government. notified in this (2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorised under sub-section (I), produce them before such officer and at all reasonable times notes and extracts as he may deem necessary. such ohicer to inspecl lhern and take such (3) If, upon such inspection, the officer so authorised, is of opinion that any inslrumenl is chargeable with duty and is not duly stamped, he shail require Ihe payment of the proper duty or the amount required to make up the, same from Ihe person liable to pay the stamp duly and in case of default the amount of the duty shall be recovered as an arrear of land revenue". Arnendrnenl of Schedule I-A. 7. In Scheduje I-A to the ~rincipal Act,- (0 in article 3, for the words "Two hundred rupees" appearing in column (Z), the words 'Two hundred and fifty rupees" shall be sub- stitu ted; (iij in article 5,- (a) for the words "One rupee" appearing ifi column (2) against clause (a), Ihe words "five rupees" shall be subsliluted ; (b) for the words "fofly-two rupees fifty paise" appearing in col.umn (2) of the entry against clause (b), Ihe words "fifty rupees" shall be substiluted; and (cj for the words "Three rupees" appearing in column (2) against clause (c), the words "Ten rupees" shall be substituted ;

24 (iii) in clause (2) of article 6,- 5 (a) for sub-clause (a), the following sub-clause shall be substituted, namely :- "(a) if such loan or debt is repayable on demand or more than three months from the date of inslrument evidencing the agreement- When the amount of the loan or.. Five rupees, debt does not exceed Rs. 500 When it exceeds Rs. 500 but.. Ten rupees, does not exceed Rs. 1,000 And for every additional Rs. 1,000.. Ten rupeesw;and or part thereof in excess or Rs. 1,000. (b) in sub-clause (b), for Ihe word, brackets and letter "clause (a)", the word,' brackets and letter "sub-clause (a)" shall be substituted : (iv) in article 7, for Ihe wordsvone hundred rupees" appearing in column (2), the words "One hund,red and fifty rupees" shall be substituted ; (v) in article 8, for Ihe words 'Twenty-one rupees" appearing in column (2) against clause (b], Ihe words "Fifty rupees" shall be substituled ; (vij in arlicle 10, for the words'two hundred rupees" appearing in col-. umn (21, the words 'Three hundred rupees" shall be substituted ; (vii) in article 12,- (a) for (he words, brackets and figure "The same duty as a BOTOMRY BOND (No. 16) or such amount" appearing in column (2) against clause (a), the words, brackets and figure "The same duty as a BOND (No. 15)'or such amount" shall be subs(ituted ; (bj for the words 'Twenty-seven rupees" appearing in column (2) againsl clause (b), the words "Fifty rupees" shall be substituted ; and (c) for the entry appearing at the end in column (2), the following entry shall be substituted, namely :-"Two rupees subject to a maximum of two hu.ndred rupees."

25 (viii) far article 15 including the entries against it but excluding the reference to other Bonds commencing wilh the word "See" and ending with the words "SECURITY BOND" followed by Ihe '!EX. emptions" appearing at the end in column (I), the following shall be subslituted under appropriate columns, namely :- (1 1 (2 I "15. BOND, as defined by section 2 (5) not Two per centum of the being a DEBENTURE and not being other- amount or Ihe value wise provi.ded for by this Act, or by the secured."; Court Fees Act, (ix) for arlicle 16 including the entries against it, the following Article with its'enlries shall be subsliluted under appropriate columns, namely :- "16. BOTTOMRY BOND, that is to say, The same duty as a BOND any instrument whereby the master of (No. 75) on the amount or a sea-going ship borrows money on value secured." ; the ~curity 01 the ship to enable him to preserve the ship or prosecute her voyage. (xj (xi) in article 17, for the words "One hundred rupees" appearing in column (2), Ihe words "One hundred and fifty rupees" $\\all be subsliluted ; in article 18, for clauses (a). [b) and (c) including the entries appearing against them in column (2). the following clauses with Iheir respective entries shall be subslituted under appropriale columns, namely :- (1 1 (2) "(2) Where the purchase money Two rupees 'r does nol exceed Rs (b) ln any other case The same duty as is leviable (xi) ' on a CONVEYANCE under Division (A); (8) or (C), as the case may be, of article 23 for a consideration equal to ihc amount of the purchase money only."; after article 18, the following Arlicle with the entries'against it shall be inserted under appropriate columns, oamely :- ('I (2) "19. CERTIFICATE OR OTHER DOCU- One rupee"; MENT, evidencing the right or lille 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 shares, scrip or stock in or of any such company or body. See also LETTER OF ALLOTMENT OF SHARES (No. 36).

26 (xiii) in article 22. fdr Ihe words "Fifty rupees" appearing in column (2), the words "Seventy rupees" shalt be subsliluted ; (xiv) for article 23 inciuding the entries against it, the following arlicle with its entries shall be substituted under appropriate calumns, namely :- - "23. CONVEYANCE-As defined by sedion 2 (10) not being a transfer charged or exempted under No. 62 :- (1 ) (2 1 (a) in respect of movable property (bj in respect of immovable property (c) in respect of a multi-unit house or unit of apartmentlflatrportion of a multistoried building or part of such slructure to which the provisions of the Orissa Apart- - ment Ownership Act, 1982 apply- Four percenlurn of the amount or value of the consideration as sel forth in the instrumenl. Eight per cenlum of the amount or value of the consideration for such conveyance as sel forth therein or the market value of the property whichever is higher. (i) where the amauntor value Three per centum of the of lhe consideration for amount. such conveyance as set forth therein or market value OF the property whichever is higher, does not exceed rupees 5 lakhs. (ii) where il exceeds rupees 5 Four per cenlum of the amount., lakhs, but does not exceed ' rupees 15 lakhs. Orissa Acl p (iji) where it exceeds rupees Seven per centum of the 15 lakhs. amount, Explanation-For the purpose of this arlicle, an agreement to sell any immovable property or a power of allorney shall, in case of transfer of the possession of such property before or at the time of or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stamp duty thereon shall be chargeable accordingly: Provided'that lhe stamp duly already paid on such agreement or power of altorney shall, at Ihe time of the execution of a, conveyance in pursuance of such agreement or power of altorney, be adjusted towards the total amounl of duly chargeable on the conveyance :

27 Provided further!hat section 47-A shall not apply to such agreement and power of attorney. Exemptions 8 Assignment of copyright under the Copyright Act, 1957, section Co-partnership deed (See PARTNERSHIP No. 46) (xv) in article 24,- (a) for thewords "Two rupees and fifly paise" appearing in column (2)'against clause (i), the words "Five rupees" shall be subslituted ; and (b) for the words "Five rupees" appearing in column (2) against clause jii), the words-"ten rupees" shall be subsliluted ; (xvij in article 25, for Ihe words "Five rupees" appearing in column (2) against (b), the words "Ten rupees" shall be substituted ; (xvii) in article 26, for Ihe words "Fifty rupees" appearing in column (2) against clause (b), the words "One hundred rupeest1 shall be substituted ; (xviii) in article 29, for Ihe words "One hundred rupees" appearing in umn (2), the words "Two hundred rupees" shall be substiiuted ; col- (xix) in article 31, for lhe entry appearing in column (2), the following entry shall be substituted, namely :- "The same duty as is leviable on a conveyance under Division (A),, (8) or (C), as the case may be, of article 23 far a consideration as set forth in such instrument or the market value of the property, whichever (s higher" ; (xx) in arlicle 32, for Ihe expression "(No. 23 j" wherever it occurs in col- umn (2), Ihe words, brackets, letter and figure "under Division (A) of. article 23" shall be substituted ; (xxi) in arlicle 33. for the expression "(No. 23)" appearing in column (2), the words, brackets, letters and figure "under Division (A), (B) or (Cj, as the case may be, of arlicle 23" shall be substituted ; (xxii) in article 35. for the expression "(No. 23j" wherever it occurs in col- ' umn (2), the words, brackets, letters and figure "under Division (A). (B) or (C), as Ihe case may be, of article 23" shall be subslituted ; (xxiii] after arlicle 35, the following article with its entries shall be inserted under appropriale columns, namely :- (1) (2) "36. LETTER OF ALLOTMENT OF SHARES One rupee"; in any company or proposed company, or in respect of any loan Io be raised by any company or proposed company.

28 See also CERTIFICATE OR OTHER DOCUMENT (No. 19). (xxiv) in article 38, for the words I'FiRy rupees" appearing in column (2), the words "One hundred rupees" shall be substituted ; (xxv) in article 39, For the words "Two hundred rupees" and "Five hundred rupees" appearing in column (2). againsl clause (a) and clause (b), the words "Three hundred rupees" and "Six hundred rupeesn shall ' respectively be substituted ; (xxvi) in article 40, for the expression "(No. 23)" appearing in column (2), against clause (a), Ihe words, brackets, letters and figure "under Division (A), (8) or (C), as the case may be. of arricle 23" shall be substiluted ; (xxvii) in arlicle 41,- (a) for [he ivo~ds 'Thirty paise" wherever it occurs in column (2) againsl clause (a), the words "One rupee" shail be substituted ; and (b) for Ihe words "Forty paise" and "Fifty paise" appearing in column (2) against clause (b), the words "Two rupees" shall be substituted ; (xxviij) in arlicle 42, for the words "Twenly rupees" appearing in column (4, the words "Thirty rupees" shall be substiluled ; (xxix) in article 43, for the words "Seventy-five paise" and "Forty-two rupees and fifty paise" appearing in column (2) against clause (a) and clause (b), the words "One rupee" and "FiHy rupees" shall respectively be qubstituted ; (xxx) in article 44, for the words "Ten rupees" appearing in column (2), Ihe words "Twenly rupees" shall be subs(iluted ; (xxxi) in article 46,- (a) for the words "Twenty rupees" and "One hundred rupees" appearing in column (2) againsl clause (a) and clause (b) of Division A, the words "Fifly rupees" and "Two hundred rupees" shall respectively be subslituted, and (b) for the words "Fifty rupees" appearing in column (2) againsl Division B, Ihe words "One hundred rupees" shall be substituled ; (xxxii) in article 48,- (a) for Ihe'words "Ten rupees", "Fifty rupees" and "One hundred rupees" appearing in cdumn (2), against clause (c), clause (d) and clause (e), the words "Twenty rupees", "One hundred rupees", and "Two hundred rupees" shall respectively be substituted, and

29 (b) for the expression "(No. 23)" appearing in column (2) against clause (f), the words, brackets, letters and figure "under Division (xxxiii) in article 54,- (8) or (C), as the case may be, of article 23" shall be substituted ; (a) for the expression "(No. 23)" appearing in column (2) againsl -- clause (a), the words, brackets, letters and figure "under Division - (A) of article 23" shall be substituted, and (6) for the words "Forty-two rupees" appearing in column (2) against clause (b), Ihe words "Fifty rupees", shall be subslituted ; (xxxiv) in arlicles 55 and 57, for the words 'Twenty-one rupees" appearing in column (2). against clause (b), the words "One hundred rupees" shall be substituted ; (xxxv) in article 58,- (a) the brackets and letter "(A)" appearing at the beginning shall be omitted, (6) in the proviso to the entry appearing in column (2) against Division (A), for the words "three rupees", Ihe words "Len rupees" shall be substituted, and (c) for the words "~or',y-two rupees" appearing at the end of (he edry in column (2) against Division (B), Ihe words "One hundred rupees" shall be subsliluled ; (xxxvi) in arlicle 59, for (he expression "(No. 23)" the words, brackets, letiers and figure "under Division (A), of article 2 3 shall be substituled ; (xxxvii] in arlicle 61, lor the words "Twenly-one rupeesn appearing in column (2), against clause (b), lhe words "Fifty'rupees" shall be substituted ; (a) for Ihe words "bond of mortgage deed" appearing in the opening portion of clause (c), the words "bond for mortgage deed" shall be substituted, and (b) for the words "Twenly-one rupees", "Forty-two rupees" and (xxxix) in article 63,- "Eighleen rupees and sevenly-five paise" appearing in column (2) against sub-clause (ii) of clause (c), clause (d) and clause (e) respectively, the words "Fifty rupees" shall-be substituted ; (a) for (he wards TRANSFER OF LEASE appearing in column (I), the words "TRANSFER OF LEASE" shall be substituted ; and (b) for the expression "(No. 23)" appearing in column (21, the words, brackets, letters and figure "under Division (A), (8) or (C), as the case may be, of article 23" shall be substituted ;

30 (xi) in article 64. for the words "Sixly-two rupees" and "Forty-two rupees" appearing in column (2) against Division (A) and Division (El), the words "One hundred rupees" and "Fifty rupees'' shall respectively be substltuled ; and (xii) in article 65, far the words "Five rupeesn appearing in column (2), the words 'Ten rupees" shall be substituted. Repeal of Otissa Act 8. The Orissa Additional Stamp Duty Act, I970 is hereby repealed. Otissa Act ,

31 ORISSA ACT 5 OF 2004 ' "THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 2003 [ Received the assenl ofthe Governor on the 31st March, 2004, first published in an Extraordinary issue of (he Orissa Gazette daled the 20th April, 2004 (No. 581)] AN ACT FURTHER TO AMEND THE INDIAN STAMP ACT. I 899 IN THE APPLICATION TO THE STATE OF ORISSA. BE it enacted by Ihe Legislature of the Slate of Orissa in the Fihy-fourthyear of the Republic of India as follows:-. I Short We. 1. This Act may be called the Indian Stamp (Orissa Amendment) I Act, I. Amendmenl 2. In Explanation to sub~seclion (I) of Section 73 of Ihe Indian stamp Acl, 2 of : Or section73' for Ihe words and figures "[he Industrial Finance Corporation of India - eslablished under the Industrial Finance Corporation Act. 1948, the words and I figures "other public financial inslitutions notified under Section 4-A of the. 1 of I, Companies Act, 1956" shall be substituted. 'For the Bill, See Orissa Gazette. ~xtraordinar~, dated the 20th April 2004 (NO. 581 )

32 The Orissa Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No.167, CUTTACK, THURSDAY, FEBRUARY 12, 2009 / MAGHA 23, 1930 LAW DEPARTMENT NOTIFICATION The 12 th February 2009 No.2367/I Legis.12/08- The following Act of the Orissa Legislative Assembly having been assented to by the President on the 29 th January, 2009 is hereby published for general information. ORISSA ACT 8 OF 2009 Short title, extent and commencement Amendment of section 47-A THE INDIAN STAMP (ORISSA AMENDMENT) ACT, 2008 AN ACT FURTHER TO AMEND THE INDIAN STAMP ACT, 1899 IN ITS APPLICATION TO THE STATE OF ORISSA. Be it enacted by the Legislature of the State of Orissa in the Fifty-ninth Year of the Republic of India as follows:- 1. (1) This Act may be called the Indian Stamp (Orissa Amendment) Act, (2) It shall extend to the whole of the State of Orissa. (3) It shall come into force on such date as the State Government may, by notification, appoint. 2 of In section 47-A of the Indian Stamp Act, 1899, - (a) for sub-section (1) the following sub-section shall be substituted, namely:- (1) Where the registering officer under the Registration Act, 1908, while registering 16 of 1908 any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this Act, he shall, before registering such instrument, refer the matter to the Collector, with an intimation in writing to the person concerned, for determination of the market value of such property and the proper duty payable thereon. and (b) in sub-section (2-a) for the words truly set forth in the instrument the words rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this Act shall be substituted. By order of the Governor B.K.NAYAK Principal Secretary to Government Printed and published by the Director of Printing, Stationery and Publication, Orissa, Cuttack-10 OGP/SBP., Ex.Gaz.No DTP Print