Gujarat Stamp Act, 1958
In SCHEDULE 1 to the principal Act,— (1) in Article 1,— (A) in clause (1), in sub-clause (d), in column 2, for the words "One rupee subject to a maximum of one hundred rupees" the figures and words "0.01 per cent. of the amount or value of such debt" shall be substituted; (B) in clause (2), in column 2, for the words "One rupee for every rupees one hundred or part thereof" the words "One per cent." shall be substituted; (2) for Article 2, the following Article shall be substituted, namely:— "2. ADMINISTRATION BOND including a bond given under section 6 of the Government Savings Banks Act, 1873 or the Indian Succession Act, 1925. Five hundred rupees."; (3) in Article 3, in column 2, for the words "Two hundred rupees" the words "One thousand rupees" shall be substituted; (4) in Article 5,— (A) in clause (g-d)— (I) in sub-clause (i),— (a) in entry (A), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (b) in entry (B),— (i) in sub-entry (1), in column 2, for the words "Two hundred rupees" the words "Two hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher" shall be substituted; (ii) in sub-entry (2), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (II) in sub-clause (ii),— (i) in entry (A), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (ii) in entry (B),— (a) in sub-entry (1), in column 2, for the words "One hundred rupees" the words and figures "One hundred rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher" shall be substituted; (b) in sub-entry (2), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (III) in sub-clause (iii),— (a) in entry (A), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (b) in entry (B),- (i) in sub-entry (1), in column 2, for the words "Fifty rupees" the words and figures "Fifty rupees or an amount equal to 5 per cent. of the amount of consideration, whichever is higher" shall be substituted; (ii) in sub-entry (2), in column 2, for the words and figures "The same duty as is payable under Article 60" the words and figures "The same duty as is payable under Article 36 (iv)" shall be substituted; (B) in clause (h), in sub-clause (A),- (i) in entry (i),- (I) in sub-entry (a), in column 2, for the words and figures "Two rupees and fifty paise for every rupees 1,000 or part thereof on" the figures and words "0.25 per cent. of" shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures "Five rupees for every rupees 1,000 or part thereof on" the figures and words "0.5 per cent. of" shall be substituted; (ii) in entry (ii),- (I) in sub-entry (a), in column 2, for the words and figures "Two rupees and fifty paise for every rupees 1,000 or part thereof on" the figures and words "0.25 per cent. of" shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures "Five rupees for every rupees 1,000 or part thereof on" the figures and words "0.5 per cent. of" shall be substituted; (iii) in entry (iii),- (I) in sub-entry (a), in column 2, for the words and figures "Two rupees and fifty paise for every rupees 1,000 or part thereof on" the figures and words "0.25 per cent. of" shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures "Five rupees for every rupees 1,000 or part thereof on" the figures and words "0.5 per cent. of" shall be substituted; (iv) in entry (iv),- (i) in sub-entry (a), in column 2, for the words and figures "One rupee for every rupees 1,000 or part thereof on" the figures and words "0.1 per cent. of" shall be substituted; (ii) in sub-entry (b), in column 2, for the words and figures "Two rupees for every rupees 1,000 or part thereof on" the figures and words "0.2 per cent. of" shall be substituted; (v) in entry (v),- (I) in sub-entry (a), in column 2, for the words and figures "Two rupees and fifty paise for every rupees 1,000 or part thereof on" the figures and words "0.25 per cent. of" shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures "Five rupees for every rupees 1,000 or part thereof on" the figures and words "0.5 per cent. of" shall be substituted; (vi) in entry (vi),- (i) in sub-entry (a), in column 2, for the words and figures "One rupee for every rupees 1,000 or part thereof on" the figures and words "0.1 per cent. of" shall be substituted; (II) in sub-entry (b), in column 2, for the words and figures "Two rupees for every rupees 1,000 or part thereof on" the words and figures shall be substituted; (5) in Article 6,- (A) in clause (1),- (i) in sub-clause (a), in column 2, for the words "One rupee for every one thousand or part thereof for" the figures and words "0.1 per cent. of" shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures "Two rupees for every 1000 or part thereof, for" the words and figures "0.2 per cent. of" shall be substituted; (B) in clause (2),- (i) in sub-clause (a), in column 2, for the words "One rupee for every one thousand or part thereof for" the figures and words "0.1 per cent. of" shall be substituted; (ii) in sub-clause (b), in column 2, for the words and figures "Two rupees for every 1000 or part thereof, for" the figures and words "0.2 per cent. of" shall be substituted; (iii) after Explanation I, the following Explanation shall be inserted, namely:- "Explanation II.- For 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."; (6) in Article 7, - (i) in clause (a), in column 2, for the words "One hundred rupees" the words "One thousand rupees" shall be substituted; (ii) in clause (b), in column 2, for the words "Two hundred and fifty rupees" the words "One thousand rupees" shall be substituted; (7) in Article 8, in column 2, for the words, brackets and figures "Same duty as per Bond (Article 13) subject to maximum of one hundred rupees" the words "One hundred rupees" shall be substituted; (8) in Article 10, in column 2, for the words and figures "One thousand rupees for every rupees 5,00,000 or part thereof," the figures and words "0.2 per cent. on share capital or increased share capital, as the case may be" shall be substituted; (9) for Article 12, the following Article shall be substituted, namely:- "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. Five hundred rupees."; (10) in Article 13,— (a) in column 1, the words "for every rupees five hundred or part thereof" shall be deleted; (b) in column 2, for the words "Five rupees, subject to a minimum of rupees one hundred" the words "One per cent. of amount of Bond, subject to a minimum of rupees five hundred" shall be substituted; (11) in Article 14, in column 2, for the words and figures "Same duty as a Bond (Article 13) for the same amount" the figures and words "One per cent. of the amount of Bond, subject to a minimum of rupees five hundred" shall be substituted; (12) in Article 15, in column 2, for the words "One hundred rupees" the words "Five hundred rupees" shall be substituted; (13) in Article 17, in column 2, for the words "One rupee for every one thousand rupees or a part thereof," the figures and words "0.1 per cent." shall be substituted; (14) in Article 18, in column 2, for the words "One hundred rupees" the word "Five hundred rupees" shall be substituted; (15) in Article 24, in column 2, for the words "Two hundred rupees" the words "Five hundred rupees" shall be substituted; (16) in Article 25, for clause (a), the following clause shall be substituted, namely:- " (a) if relating to movable property 3 per cent. of the market value of the property."; (17) for Article 28, the following Article shall be substituted, namely:- "28. CUSTOMS BOND OR EXCISE BOND, Five hundred that is to say, any bond given pursuant to the rupees."; 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. (18) in Article 34, in column 2, after the existing proviso, the following proviso shall be added, namely:- " 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."; (19) in Article 35, in column 2, for the words "Two hundred rupees" the words "Five hundred rupees" shall be substituted; (20) in Article 39, - (i) in clause (a), in column 2, for the words "Two hundred rupees" the words "One thousand rupees" shall be substituted; (ii) in clause (b), in column 2, for the portion beginning with the words "The same duty" and ending with the words "share capital of the company" the figures and words "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" shall be substituted; (21) in Article 40, - (i) in clause (b), in column 2, for the words "Five rupees for every one thousand or part thereof for" the figures and words "0.5 per cent. of" shall be substituted; (ii) in clause (c), in column 2, for the words and figures "The same duty as a Bond (Article 13) for the amount secured, subject to a maximum of rupees two hundred" the words "Five hundred rupees" shall be substituted; (22) in Article 45,- (i) in clause (a),- (A) in column 1, the words, letters and figures "for every Rs.1,000 or part thereof" shall be deleted; Bond or other instrument, when executed,- (a) 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 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; (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. (30) in Article 55, - (i) in clause (A), in sub-clause (i), in column 2, for the words "Ten rupees for every rupees five hundred or part thereof" the words "Two per cent. of" shall be substituted; (ii) in clause (B),- (a) in sub-clause (i), in column 2, for the portion beginning with the words "The same duty" and ending with the words "but not exceeding two hundred rupees" the words "Five hundred rupees" shall be substituted; (b) in sub-clause (ii), in column 2, for the portion beginning with the words "The same duty" and ending with the words "but not exceeding two hundred rupees" the words "Five hundred rupees " shall be substituted. (31) in Article 59, - (i) in clause (a), in column 2, for the words and figures "Fifty paise for every rupees 100 or part thereof" the figures and words "0.5 per cent." shall be substituted; (ii) in clauses (b), (c) and (d), in column 2, for the portion beginning with the words "The same duty" and ending with the words "subject to a maximum of two hundred rupees" the words "Five hundred rupees" shall be substituted. (32) in Article 60, in column 2, for the portion beginning with the words "The same duty" and ending with the words "which is subject matter of transfer" the following portion shall be substituted, namely:- "The same duty as is leviable on lease under clause (i), (ii), (iii) or (iv), as the case may be, of Article 36, for the remaining period of lease"; (33) in Article 61, - (i) in entry (A),- (I) in sub-entry (a), in sub-clause (i), in column 2, for the words "Ten rupees for every rupees five hundred or part thereof" the words "Two per cent." shall be substituted; (II) in sub-entry (b),- (a) in sub-clause (i), in column 2, for the portion beginning with the words "The same duty" and ending with the words "two hundred rupees" the words "Five hundred rupees" shall be substituted; (b) sub-clause (ii), in column 2, for the portion beginning with the words "The same duty" and ending with the words "two hundred rupees" the words "Five hundred rupees" shall be substituted; (ii) in entry (B), in column 2, for the portion beginning with the words "The same duty" and ending with the words "two hundred rupees" the words "Five hundred rupees" shall be substituted. (34) in Article 63,- (i) in clause (a), in column 2, for the words "One hundred rupees" the words "Five hundred rupees" shall be substituted; (ii) in clause (b), in column 2, for the portion beginning with the words "One hundred rupees" and ending with the words "maximum of rupees five lakh" the words and figures "Five hundred rupees plus 0.1 per cent. of the amount above rupees ten lakh subject to maximum of rupees twenty-five lakhs" shall be substituted. (a) for sub-section (1), the following sub-section shall be substituted, namely :— " (1) Notwithstanding 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 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. " ; (b) in sub-section (2), after the words "defacing the challan" the words "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 " shall be inserted ; (c) after sub-section (3), the following proviso shall be added, namely :— " 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.". (c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected. principal Act, shall be deemed to have been validly granted in accordance with law as if the provisions of clause (a) of section 9 of the principal Act as amended by the Maharashtra Stamp (Amendment and Validation) (Continuance) Act, 2019 of 2019. (hereinafter in this section referred to as "the Amendment Act") had been continuously in force at all material times and accordingly,— (a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the reduction or remission of the duty or penalty or both shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the principal Act ; (b) no suit or other proceedings shall be maintainable or continue in any court, against the said authorities for the remission or reduction granted in respect of the duties or penalty or both. (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, re-assessment, levy or collection of stamp duty or penalty or both, referred to in sub-section (1) of this section ; or (b) from claiming refund to any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of duties or penalty or both under the principal Act, as amended by the Amendment Act.