Property Dealers and Consultants Regulation Act 2008 (3)

8/11/2019 Property Dealers and Consultants Regulation Act 2008 (3)

1/67

HARYANA GOY)'. GAZ. (EXTRA.), OCT. 13, 2008

(ASV'N. 21, 1930 SAKA)

PART I

HARYANA GOVERNMENT .

LAW AND LEGISLATIvE DEPARTMENT

. NotincatioD

,The 13th October, 2O Q 8

~o. Leg. 4012008.- The following Act of the Legislature of the State

of f1aryana r,eceived the assent of the Governor of Haryana on the3rd'October, 2008, and is hereby published for general information :-

of

HARYANA ACT NO. 38 OF 2008

THE HARYANA REGULATION OF PROPERTY DEALERS

AND CONSULTANTS ACT, 2008- . ~.

AN

i, Acr

to reiulate the functioning of property dealers, property consultants and

estate age7jts, to pOTnote,appropriate standards of conduct and

competency for persons e;;zgaged in property dealings and to

protect the interests ofpers{Jns using the services of the

propertY deal(!rs, property consullimtsand

estate a~nts and fo~ f11.attersconnected

therewith or incidental thereto.

,Be,it.enacted by the LegIslature of tht: State of Haryana in theFifty-ninth

Year of the Republic of India as folh~;ws:-,

1. (1) This Act may be called the Haryana Regulation of Property

Dealers and Consultants Act; 2008.. ,:! (.';,; ~j ,

(2) It extends to whole of the State of Haryana.

(3) It shall come i~to force . 9 D ~uchdate,. as the State Government

may, by notification in the Official G~e, appoint.

2. In this Act, unless there is a1J.ythingrepugnant in the subject or

context,- H

(a) "Collector" means the Collector of the District or any officer

specially appointed or empowered' by the State Governmentunder this Act; ,

(b) "commIssion" means the sum received by the property dealer'in f f i . ! e ' sh~pe bf remuneration at the rates notified by the State

Government from time tolitne;(c) "Commissioner" means Commissioner of the Division

concerned;

Short tiIile,

extent_d

commencement


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HARY ANA GOVT. GAZ. (EXTRA.), OCT. 13, 2008

(ASVN. 21, 1930 SAKA)

censing ofoperty

aler.

(d) "immovable property" includes land, plot, buildings, flats and

things attached 'to the eartb permanently, but does not include

standingtimper, emp or grass;

"landlord" means a person who owns property under whom a

tenant holds immovable property and to whom the tenant is, or

but for a special contract would be liable to pay rent for that

land or building;

"license" m~an~ a li~en~g granted unQ~r sections 4 and 5 of thisA.ct; . .,

':pres


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HARYANA GOVT.OAZ. (EXTRA.), OCT. 13. 2008 479

(ASVN. 21. 1930 SAKA)

(ii) no property dealer or his representative. partner or any employee

shall purchase. either directly or indirectly. any immovable

property for which he 'has'received or m";yreceive commission

from the owner of such property. except with the prior permission

of the Collector.

4. (1) An application for the grant or renewal of a licence shall be

made to the Collector ih such form a hd manner, accompanied with such fee. as

may be pre~ribed.

(2) The Collector ma.yrevoke at any time a licence on the following

grounds. nainely :-"

(a) i'br~chof any terms and conditions of the licence and rules;'~' . '.-. . . .' ~

(b) giving wrong information at any stage;

(c) irregularity in maintenanCeof record. as may be prescribed;

(d) indulging in malpractices and unfair dealings, as may be':11 prescribed;'

(e) failure to deposit the copy of agreement to sell between the

parties with t~.~ol~tor;

(t) failure to give the details of commission to'the Collectdt in

each dealing :

Provided tnat no licence shaH be revoked without giving

the aggrieved person ahopportunity of being heard.) -,

(3) No property dealer whose license has been revoked shall be

employed in any capac~tywith any oth~r property de~ler.

5. A,.lic,ences~all be granted on such terms anq.,conditions. as maybe

prescribed.

Grant, wmewal

or revacatillm

of lice-e.

Terms~

conditiOllSof

-licence;.

6. Any dispute fusing betw~n the property dealer and any of the parftes

t o the dea.funder this Act or the rules framed thereunder shall be decided by theCollector on an application made by 'the aggrievedpersonhlsuch fontJ.'and

manner, as may be.prescribed.

7. Any person aggrieved by an order made by the Collector may, within

a period of sixty days of communication to him of suchdrder. prefer an apPeal to

the Commissioner. in such form and manner, as may be prescribed :

. Provided t:batthe Commissioner m a," entertain an appeal after the

expiry of the said period of sixty days if he is satisfied that the appellant wasprevented by sufficient cause fromming the appeal ill time.

8 N t ith t di thi t i d i th f i ti th R i i

Settlemrmt


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Bar of

jurisdiction.

Power toremove

difficulties.

Mode ofrecovery of

amount andpenalty.

Protection of

action taken in

good faith.

Officers to be

public servants.

Corrrectioll' O f

clerical errors.

Officers

holding

enquiries to

have powers of

civil court.

HARY ANA GOVT. GAZ. (EXTRA.), OCT. 13; 2008

(ASVN. 21, 1930 SAKA)

behalf from any of the parties, call for the record of any proceedings or order of

any subordinate authority for the ~rpose of satisfyiqg as to the legality or

proprietary of last proceeding or order and may modify or reverse or remand or

pass such order in relation thereto as it may deem fit: _

Provided that no such order reversing or modifying any proceeding

or order of subordinate authOlity affecting any question or right of any :party shall

be passed ;without giving Sl;lchpartY aJ}rppportunity of being heard.

9. No civil court shall have jurisdiction to entertain, proceed, settle,

decide ordeal with any matter which is required to be settled,. decided or dealt

with under this Act by the authorities empowered thereunder.

10 . ; If any difftculty ~ss in giving effect to the provisions of this Act,the State Government may, by an order published in the Official Gazette, make

such provision or give such directiotl not inconsiStehf with the provisions of this

o A ~ , as ~y appeartq it to be necessary ,Qr~xpedient for removing the difficulty.

11. The amount oq~ther S~ payable lJPger this Act and the amount ofany penalty imposed under this Act may be recovered as ~ears of land revenue.

12. No suit. prosecution dtotb6r'legal pr()Ceeding shall lie against any

p.erson in res~tQf an~ing whichisj~.good faitpdone Qf intended to be done

under or in pursuance of this Act or any rules made thereunder.

13. E~eryof'ficer ~Qpfficial acting ~or ill,pursuance of the provisions

of this A'1t.or alwrule$ m-ade thereun4er shall P e deemed to be a public servant

within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45of 1860).' ,;,d 0'>";" . I,

-14. In all enquiries and proceedings under this Act, the Cd'llector shall

have such powers 'a'n'd''foUow such procedure, as may~eptesc'ribed.

15. Clerical or arithmetical mistakes in any order passed by any officer or

o fluthority under this Ac~or err()r~wising thereiJl fi:om anY,acddental slip or omission

-~ay at any time be corrected by such ,officero r authodty either on his own motion'. or' au an appli


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HARYANA GOVT. GAZ. (EXTRA.), OCT. 13, 2008 481

(ASVN. 21, 1930 SAKA)

17. (1) Any person who contravenes any provision of this Act or any

ruHemade thereunder, shall be punishable on first conviction with imprisonment

of either description for a term which may extend to six months and with fine

\\\hiiIfi may extend to ten thousand rupees and in the event of second or subsequent

CilIIN,ictionwith imprisonment for a term of not less than one year but which may

exnmd to two years and also with a fine not less than twenty-five thousand rupees

wbmh may extend to fifty thousand rupees.

(2) Any person or company or society found indulging in the

[email protected]:rtydealing or property consulting business, without having a valid license

undlu this Act, shall be punished by such authority, as may be prescribed, with a

fim::mf fifty thousand rupees in case of an individual or one lac rupees in case of

a society, company or any organization and shall also be liable to pay all the

bcnltfiits so received and the damages suffered by the affected party while dealingwit&;the property for which commission has been paid by any party to the deal.

18. (l) The State Government may, by notification in the Official

Gaeoll:rte,make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the

foreg'fDing power, such rules may provide for-

(a) the form and manner and the fee for grant or renewal of

license under section 4;

(b) the terms and conditions of grant of licence under

section 5;

Offences and

penalties.

Power to make

rules.

(c) the form and manner for filing application under section 6;

(d) the form and manner for filing appeal under section 7;

(e) the powers and procedure for enquiries and proceedings

under section 14;

(t) any other matter which is to be or may be prescribed.

(3) Every rule made under thi&Act shall be laid, as soon as may be,after it is made, before the House of State Legislature, while it is in session.

19. Nothing contained in this Act shall be deemed to affect the provisions Saving.

contained in the Registration Act, 1908 (Act 16 of 1908), Indian Stamp Act, 1899

(A.ct 2:0f 1899), the Transfer of Property Act, 1882 (Act 4 of 1882), the Indian

Penaii Code, 1860 (Act 45 of 1860) or any other law for the time being in force

wfiet1rer before or after the commencement of this Act.

M. S. SULLAR,

S t t G t H


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HARYANA GOVT. GAZ. (EXTRA.), JAN. 6, 2009

(PADS. 16, 1930 SAKA)

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7/67

HA.~YANA GOVT. GAZ. (EXTRA.), JAN. 6, 2009

(PADS. 16, 1930 SAKA)

HARYANA GOVERNMENT

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

The 6th January, 2009

No. S.O. 1/H.A. 38/2008/S. 1/2009.-ln exercise of the powers conferred

by the sub-section (3) of section 1 of the Haryana Regulation of Property Dealers

and Consultants Act, 2008 (Haryana Act 38 of 2008), the Governor of Haryana

hereby appoints the date of publication of this notification in the official Gazette

to be the date for the purpose of the said sub-section.

KRISHNA MOHAN,

Financial Commissioner and Principal

Secretary to Government, Haryana,

Revenue Disaster Management Department.


8/67

HARYANA GOVT. GAZ. (EXTRA.) , JAN. 6, 2009

(PAUS. !(), 1930 SAKA)

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9/67

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HARYANA OOVf. GAZ: (EXTRA.), JAN. 6, 2009 7

(PADS. 16, 1930 SAKA)

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HARY ANA GOVT .. (TAZ . (EXTRA.), J AN. 6, 2 00 9 . 9

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13/67

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HARYANA GOVT. GAZ. (EXTRA.), JAN. < > ! 2009 11

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15/67

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19/67

Eligibility .

s.ections 5 and

i8(2)

'16 HARYANAGOVT. GAZ. (EXTRA.). JAN.6. 2009(pADS. 16, J930 SAKA)

The 6th January. 2009

No.8. O. 2/H. A. 3812008/8.1812009.-1n exercise of the powers conf

by sub-section (1 ) readwith sub-section(2) of section 18of the Haryana Reguof Property Dealers and COllsultantsAct. 2008 (Haryana Act 38 of 2008

Governor of Haryana hereby makes the following rules regulating the gra

renewal of license of a property dealer, namely :~

1. These rules may be called the Haryana Regulation of Pro

Dealers and Consultants Rules, 2009.

2. In these rules, unless the context otherwise requires,-

(a) "Act" means the Haryana Regulations of Property Dealer

Consultants Act;.2008 (38 of 2008);

(b) "Form" means a form appended.to these rules;

(c) 'ProfessiQnalconductmles~' means regulations made or de

to have been made under the Act.

(2) Words and expressions used in these rwes but not defined

have the same meanings as respectively assigned to them in the Act.

. 3. (1) Any Property Dealer shall be eligible to apply for license 1

the Act on the following conditions. n~ely :-

(a) in the case of individual, he shall have attained the age

years at the time of application for license and shall no

bankrupt or insolvent or lunatic or of unsound mind;

(b) in the case of company. society or ftrm registered und

Companies Act, 1956(Actl of 1956}, the Societies RegislAct, 1860 (16 of 1860), or the Iridian Partnership Act

(Act 9 of 1932)respectively they shall not be bankrupt or

d l f h i b i iJl1f


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HARY ANA GOVT. GAZ. (EXTRA.), JAN. 6, 2009 17

(PAUS.16, 1930 SAKA)

(e) he shall furnish the proof of residence and addre~ of the premises

of his business of property dealing or consultancy.

(2) No employee of any State or Central Government or public sector

undertaking while in service shall be eligible to apply for the license under the

Act.

4. An application for the grant or renewal of license of a property dealer

under section 4, shall be made by the applicant in Form-A to the Jicencin g

authority within whose jurisdiction the appli,cant resides Of. office ofapplicant(s)

. is situated. The application shall be accompMied by proof of his residence, fOIlf

photogfap~, t h u m . , impres&ion .undertaking of solvency certificate, charactercertificate, two guarantors about his genuinenessand address of the premises of hits

business accompanied by the treasury challan of'payment of the prescribed feesunder nlle Sin the treasury under head"OO30 Stamps and Registration fees

miscellaneous" and an affidavit accepting'fthe tenns amt:>eonditions of license

mentioned in the f\ct, and,rules 8,.lIJ1d9.

5. ~ a~ii~~tion for the giant o f licerise, reneWal and late fee shall be ltSunder :2

Renewal fees

inRs.

Late Fees (in Rs.)

Per month or part thereof

5,000/-

10,()()()/-

5001-

1 ,0 0 0 1 ':'Organization! 50,0001-

Company/Society

6. (1) On receipt of application under rule 4, the licensing authority

shall scrutinize the same for acceptance or rejection in terms of rules 3, 5 or any

other relevant rule.

(2) The particulars of each appiicant whose application is accepted

by the licensing authority shall be entered in a register maintained by the licensing

authority frthep1JfPOSe in FOrmC .

7. The Collector shall grant a licence inForm B for a period of five years

i for the business of a ptoperty dealer to any person, or company, society or firm

within the limits of State of Haryana which shall be renewed after every period of

five years on the ;sametegqs a!;1dconditions.

8. (1) Every licensee shall-

(i) specify the person, organization, company or society licensed

Application

license. sect

4, 5 and 18

Fees. section

and 18(2).

Scrutiny of

application.

section 18(

Grant of

licence andrenewal.

sections 4 a

18(2).

Terms and

conditions o

licence.


21/67

Duties of

roperty dealer.

ection 18(2).

ommission.

ections 2(b)

nd 18(2).

18 Hl'iliYANA GOVT. GAZ. (EXTRA), JAN. 6, 2009

(PAllS. 16, 1930 SAKA)

.,' "' . . -, - , - "of transfer of immovablt: property between the buyer and seller,

lesser and lessee and landlord and tenant;

(iii) be subject to renewal after ~very five years.

(2) The licence of the licence holdt:r shall stand automatically

cancelled on bankrLlptey or insolvency or lunacy or unsoundness of mind.

9. (i) - The proPerty dealer shall display at .alninies the signage board

bearing registered licence number. in the Qffice ..

(ii) The property dealer shall arrangeaU the documents related to thetransfer of i~ovable property fcirthepUrPose'of deal and the

expenditure so incurred shall ,be borne by. the seller: -

(iii) The property dealer shall verify the ~uineness of the documents

of the property under transaction.

(iv) A copy of the agreement/contract shall be made available to the

concerned sub~registrar and joint sub-registrar and to the

executants of the instruments and an acknowledgement in writing'

of the receipt of tha(copy after entering in his register shall be

obtained Jrom theexecutant5.

(v) Everyptoperty dealer shall assist any officiallofficerduiyauthorized i'1 that behalfbythe District. Spllector at any time toinspect his register of transaction and toexaj:Dine his license and

agreements etc. in his p~on at his Place of business.

(vi) The property dealer shall notindulge in insider trading.

(vii) The. property dealer shall not indulge in dealing of properties

situated in unauthorized/illegal colonies.

(viii) The property dealer shall provide complete information about

propertylproperties under transaction to the registering authorityconcerned.

(ix) The property dealer shall maintain record of the transactions as

provided in clause' (x).

(x) It shall be mandatory for the license holder to maintain a register

inFormD.

10. The license holder shall get only CIne percentumcommissi-Cln

on the agreed consideration value paid by the seller and purchaser of the property

i. e. 1/2%by each of them on finalization of the deal as peftheil' agreement entered

in the register of the dealer under the valid receipt. In case(lf deal of leasefrent of

immovable property rate of commission shall be paid by the lesser and lesseeat


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tLiulYANA GOVT. GAZ-"~(1tXTl{k),-JA.N. 6, 2009 19

, (PADS. 16,193'0 SAKA)

11. If a license is lost, destroyed, defaced, torn Orbecomes iHegible, tlJGproperty

dealer shall forthwith apply to the licensing authority for the grant of a duplicate

license. The application shall bear a court fee stamp of Rs. 10 and shall be

accompanied by a treasury challa,n of having Plijd a feeRs. 50 in the treasury under

head "OO30-Starrlps and Registration fees-rniscelIanecius"~ ,

12. (1) On receipt of application regarding any dispute arising between

the property dealer and, any of the parties to the deal, under the Act, the,Collector

shall serve on the person or persons concerned a notice in Form E requiring him on

a date and at a place to be specified therein either to attend or to produce through

an authorized agent, or to cause to be produced, any evidence, on which such

person or persons, may rely in his support. '

(2) The Collector, after taking such evidence, as the person mayproduce, and after making such enquiry as he may deem proper, shall decide the

dispute arising between thtt. property dealer and any ,of the parties to the deal,

under the Act, and determine the amountso payable o r 'any penalty to be imposedunder this Act,that ~d~~fi"~1D. thedelinquent.I?arty poncerned.

(3) If die parties in dispute fail to attend in response lothe notice

served under subrule (1), the Collectorshall proceedexparte and assess the

recoverable amount, if anY, to .the.bestofbisjudgm~n!Qn the basis of proper

evidence produced by the party'concerned:

Provided that if the pCt:son applies. to' the. Collector. for setting asideexparte orders and if theC,JUector is s$sfied that the notice has not duly been

served Or that part)i had been prevented by any sufficilmt cause from appearing

when ~ ma~ was~all~onforhearing,the CoHectormaymakean order setting

aside the exparte order asa~inst the party and may apJ?Ointa day fo~ proceedingwith the caSe. - , .. '. , '

13. The Collector shall issue a notice to the delinquent person liable to

pay the amount so determined or any penalty so imposed under the Act that

becomes due from the delinquent party concerned directing him to pay and producethe receipt of such amount within ninety days. In case of default the Collector may

recover such amount as arrears of land revenue and refund the said amount to the

party concerned.

14. The memorandum of appeal preferred under section 7 shall be signed

by the appellant or his authorized agent and may be presented in person or through

his authorized agent to the Commissioner.

15. A copy ofthe order in appeal shall be sent to the Collector whose order

was challenged in appeal.

Duplicate copy

of li~ense.section 18(2).

Procedure in

case of disputesbetween parties.

sections 6 and

18(2).

Notice and

recovery.

sections 11 and

18(2).

Appeal.

sections 7 and18(2).

Order on

appeal to be

communicatedto officer

concerned.

section 18(2).


23/67

20 HARYANA OOVT. GAZ, (EXTRA.). JAN,6, 2009(pAUS.16, 193,0 SAKA) ,

FO~A

Form of application fur grant or renewal of'a liCense for property-dealer

under the Haryana Regulation of Pro~y ~ers iandConsllltants RUles,2009.

3. Present occupation, if any

4. Oth~ relev;;nFil1funnation,ifany

Note .-(l)AfflX court fee of rupees tert'on theapplicatinform.

(2) Attach original -copy of the treasury challan in support of having

credited the prescribed fee. j . '

(3) lricase Of \l'ltl~fa~ the lRviousJiccmce shaUbeen~,,:

with the application.

/ .""'~ , l~~ \"~ 'S '- : " ; " "I declare that I have carefully rea(i the"lJt~;Re.gulation of Property

Dealers and Consultants Act, 2008 (Haryana Act38&f 2(08),and the Haryana

Regulation of Pro~rtY'Dealers and Consultants Rules, '2009 and terms and

conditions ~flicence in'Forms . A .andn, and1agree to abide by them.

Place;

D~ted':


24/67

HARYANA OOVT; ,OAZ. ,(EXTkA.)/JAN. 6, 2009: 21(PADS.l~,193< 1, S AJ.( .A)

FOlW'B

Form of licence to property


25/67

22 HARYANAOOVT. QAZ~ (EXTRA.), JAN.. 6,2009(pAUS.J6. 1930 SAKAl

TERMS AND CONDITIONS OF LiCENSE

[R'ule 8under seetion.r5and 18(2)]

(1) Every licensee sftall-

(i) specify the person. organization, company or society licensed

and get the title verified; "

(ii) specify the responsibility of geWnga


26/67

. f , -.; , i ,~.., '~'~.~1:,;,:', ' '.. \--",,,".'. .i _ I .

HARYANA GOVT ..'"()Az:'~.), JAN. 6, 2009(pAriS. 16,J930SAKA)

" " , ''- 4 $ ,- .~ _ ~ , 'License No. Area of 'Address of Renewal entry Signature of Remarks. if

the licensing any

authority

Number resid~tial and date of business regiStered (in case of

and date address of issue. date o~ froJll renewal. tJle

the ,.applicant of its

validity

where license new Serial

holder shall No. and date


27/67

HARYANA_GOXT. ,G~. ~.). ,~~. ,6~,~'1' it"".' c\ (AUS1~' {~S~f"Y:" /t'o,", '

. _.' 'C/,", '1."";' t~ ' ir -" '( ' " '. { ,~ , . .; '- t '. - ' -.>~ - ,--.- ~,.,-:-,~:_ ;.,..._ ,.;.;,;.;---";"",,,",;:,,--;..'~, -:-;;~'-"'~.~' '''-

FORM 'D .

. . 'i;. '~ !!'~ '~ ~ ~C ~ ;V ;'i:'~;."Serial Nam.;lUu\ 'Detailof 'Agreed AdV.' ' i9 a te c:rb~l''i>iYWc;;(=d Si~~' ;-;i~~;'jSignature ~emark

Number address of JWope~ vaIut of .~E'~~Ji~". COIIIIIli.of.'>If9.,:l!!~~L 1 < l 'P toP ert Y

and the under the ~ .w_~a;:}.'.!iJ~.~' ssion. e~l!PItaaWi1n !C,;:i~

D I I e e~eclatanlS salef propc;rtyJ ? , , ! J ! \ 1 f ~ ,!J~lrU,[,;, 'Qhkr' if anylease sellerf mellt


28/67

HARYA1.A. GOVT. GAZ. (EXTRA.), JAN. 6, 2009 ,.,..,

(PADS. 16, 1930 SAKA)

No. :

Date:

I'lace:

You are hereby informed that the case under reference is fixed forhearing on at A.M./P.M.

If you in person or your counselor any other person (attorney) who can

defend the case on your behalfhelshemayattend the court on the dateof hearing.

If you or your counselor your attorney does not present himself /herself on the

abovesaid date of hearing then the case under reference shall be heard and decided

in your absence.

KRISHNA MOHAN


29/67

270 HARYANA GOVT. GAZ. (EXTRA.), MAY 19,2006

(VYSK. 29,1928 SAKA)

HARYANA GOVERNMENT

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

Order

The 19th May, 2006

No. 8.0. 53/C.A. 2/1899/S. 9/2006.-In exercise of the powers conferred

by clause (a) of sub-section (1) of section 9 of the Indian Stamp Act, 1899 (Central

Act 2 of 1899), the Governor of Haryana hereby remits the duty chargeable under

the said Act in respect of all transactions and transfers of immovable property or

documents related thereto within the Special Economic Zone.

Financial Commissioner and Principal Secretary to Government

Haryana, Revenue and Disaster Management Department.


30/67

HARYANA GOVT. GAZ. (EXTRA.), MAY 19, 20)6 269

(VYSK. 29,1928 SAKA)

* '~m


31/67

SCHEDULE I-A (For Haryana)

(See Section 3)

Stamp Duty on Instruments

(Section 3)

Description of Instrument

Acknowledgment for a debt exceeding twenty reupees in

amount or value, written or singed by or on behalf of a

debtor or in order to supply evidence of such debt in any

book (other than a banker pass book) or on a separate piece

of paper when such book or paper is left in the creditors

possession.

Provided that such acknowledgement does not contain any

promise to pay the debt or any stipulation to pay interest or

to deliver any goods or other property.

Administration Bond including a bond given under

Section (j of the Govt. Saving Bank Act, 1873, or Sections

291,37 J and 376 of the Indian Succession Act, 1925-

Proper stamp - duty.

Twenty five naye paise.

The same duty as a Bond No. 15 for suchamount.

3. Adoption Deed, that is to say, any instrument ( other than Thirty seven rupees fifty Naye Paise.

a will) I"t'cordingan adoption or conferring or : purporting to

confer an authority to adopt

Advocate see entry as an advocate (No. 30)

4. Affidavit. Including an affirmation or declaration in the Ten rupees.

case of persons by law allowed to affirm or declare instead

of swearing

EXEMPTIONS.

Affidavit or declaration in writing when made.

(a) as a condition of Enrolment order under the Army Act, 1950 ( or the Air force Act \950(b) for the immediate purpose of being filed or used in any Court or before the officer of any court or

A~reement or Memorandum of on Agreement.

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

(b) if relating to the sale of a Govt. Security or share in an

incorporated company or other body Corporate.

Subjectto a maximum of twenty two

rupees and fifty Naye Paise, Twenty five

Naye Paise for every Rs. 10,000 or part

thereof of the value of the security or

share.


32/67

. . .Agreement or memorandum of agreement -

(a) for or relating to the sale of goods or merchandise exclusively, not being a Note of Memorandum

Chargeable under No. 43 and.

(b) Made in the form of tenders to the Central Govt. for or relating to any laon.

Agreement to lease See Lease ( No. 35)

I. Agreement Relating to deposit of Title Deeds Pawn or Pledge that is

to say any instrument evidencing an agreement relating to

(I) 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) the pawn or pledge of movable property, where such deposit,

pawn or pledge has been made by way or security for the repayment

of money advanced or to be advanced by way or loan or an existing

or future debt.

(a) if such loan or debt is repayable on demand or in more than

three months from the date of the instrument evidencing the

agreement.

(i) when the amount of loan or debt does not exceed Rs. 200.

(ii) when it exceeds Rs. 200 but does not exceeds Rs. 400(iii) when it exceeds Rs. 400 but does not exceeds Rs.600

(iv) when it exceeds Rs. 600 but does not exceeds Rs. 800

(v) when it exceeds Rs. 800 but does not exceeds Rs. 1000

(vi) when it exceeds Rs. 1000 but does not exceeds Rs. 1200

(vii) when it exceeds Rs. 1200 but does not exceeds Rs. 1600

(viii) when it exceeds Rs. 1600 but does not exceeds Rs. 2500

(ix) when it exceeds Rs. 2500 but does not exceeds Rs. 5000

Sixty Naye Paise.

One rupee. twenty Naye P~iseOne repee six five Naye Paise.

One rupee ninety five Naye Paise.

Two rupees seventy Naye paise.

Three rupees thirty Naye Paise.

Four rupees twenty Naye Paise.

Six rupees thirty Naye paise.

Twelve rupees seventy five Naye

Paise.

Eighteen rupees seventy five Naye

Paise.

Twenty four rupees forty five Naye

paise.

Thirty seven rupees ninety five

Naye Paise.

Fourty nine rupees ninety five

Naye Paise.


33/67


34/67

Assignment See Conveyance ( No. 23)

Transfer ( No. 62) and Transfer WLease ( No. 63) as the case maybe

Attorney See Entry as an Attorney ( No. 30) and Power of

Attorney (No. 48)

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 exceeds Rs. 1000/-

And for every additional Rs. 1000 or part thereofin excess ofRs.

5000

15. Bond as defined by section 2(5) not being a Debenture (No. 27 land

not being otherwise provided for by this Act or by the Court fees Act

1870.

Where the amount or value secured does not exceed Rs. IO

Where it exceeds Rs. IO and does not exceeds Rs. 50

Where it exceeds Rs. 50 and does not exceeds Rs. 100



Where it exceeds Rs. 300 and does)lot exceeds Rs. 400







See Administration Bond ( No.2) BottomaryBond (No. 16)

Customs Bond (No. 26) indemnity Bond ( No. 34) Respndentia

Bond (Security Bond ( No. 57)

The same duty as a bond (No. 15)

for such amount.

One rupee fifteen Naye Paise

subject to a maximum of one

hundred and twenty rupees titly

Nayepaise.

Thirty Naye Paise.

Sixty Naye Paise.

One rupee, fifteen Naye Paise

Two rupees twenty five Naye

paise.

Three rupees, forty Naye Paise.

Four Rupees Fifty Naye Paise.

Five rupees sixty five Naye Paise.

Nine rupees.

Ten rupees fifty Naye Paise.

Twelve rupees.

Fifteen rupees.

Seven rupees, fifty Naye Paise.


35/67

Bond when executed by any person for the purpose of guaranteeing

that the local income derived from private subscription to a

charitable dispensary or hospital or to any other object of public

utility, shall not be less than a specified sum per mensum.

Bottomary Bond, that is to say, any instrument.

Whereby the master of a sea going ship borrows

money on a security of the ship to enable him

to preserve the ship or prosecute here voyage.

Where the amount or value secured does not exceed Rs. 10












And for every Rs. 500 or part thereof in excess of Rs. 1000

Cancellation Instrument of ( including any instrument by which

any instrument previously executed is cancelled) if attested and not

otherwise provided for 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)

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 other

Revenue officer.

Certificate or other document, evidencing the right or title ofthe

holder thereof or any other person, either to any shares, scripts or

stock in or any incorporated company or other body corporate, or to

become proprietor of shares, scripts or stock in or of any such

company or body.

Thirty Naye Paise.

Sixty Naye Paise.

One rupee, fifteen Naye Paise

Two rupees twenty five Naye

paise.

Three rupees, forty Naye Paise.

Four Rupees Fifty Naye Paise.

Five rupees sixty five Naye Paise.

Six rupees seventy five Naye paise.

Seven rupees ninety Naye paise.

Nine rupees.

Ten rupees fifty Naye Paise.

Eleven rupees twenty five Naye

paise.

Five rupees sixty five Naye paise.

Fifteen rupees.

The same duty as a conveyance

( No. 23) for a consideration equal

to the amount ofthe purchase

money only

Forty naya paise.


36/67

Charter Party, that is to say, any instrument (except an agreement for the hire of a

tug-steamer) whereby a ~ssel or some specified principal part thereof is let for thespecified purposes of the charterer, whether it includes a penalty clause or not.

Composition Deed, thlj is to say, any instrument executed by a debtor whereby he

conveys his property for the benefit of his creditors, or whereby payment of a

composition or dividend on their debts is secured to the creditors, or whereby

provision is made for the continuance of the debtors business, under the supervision of

inspectors or under letters of licence, for the benefit of his creditors.

Conveyance as defined in section 2 (10) not being a Where

transfer charged or exempted under entry No. 62 conveyance

amounts to sale

of immovable

property...__.2_._. __-.---

twO rupees and fifty

paise

1

Where the value or amount of the consideration for

such conveyance as set forth therein does not exceed

fifiy rupees.

Where it exceeds fifty rupees but does not exceed one five rupees

hundred rupees.

Where it exceeds one hundred rupees but does not ten rupees

exceed three hundred rupees.

Where it exceeds two hundred rupees but doe not

exceed three hundred rupees.

Where it exceeds three hundred rupees but does not

exceed four hundred rupees.

Where it exceeds four hundred rupees but does not

exceed five hundred rupees.

Where it exceeds five hundred rupees but doe not

exceed six hundred rupees.

Where it exceeds six hundred. rupees but does not

exceed seven hundred rupees.

Where it exceeds seven hundred rupees but does not

exceed eight hundred rupees.

Where it exceeds eight hundred rupees but does not

exceed nine hundred rupees.

Where it exceeds nine hundred rupees but doe not

exceed one thousand rupees.

and for every five hundred rupees or part thereof in

excess of one thousand rupees.

Exemption - Assignment of Copyright under the copy

right Act.

,

forty- five rupees

1957(Act 14 of

1957)

3

One rupee fifty paise.

I

6 I

I

I

I

I

I

I

I

I

I

I

I


37/67

Copy or extract, certifie


38/67

24 Copy or estrad, certifieq.to be 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.

0) if the original was nol chargeable with duty or if the duty with which it waschargeable does not exceed two rupees.

(ii) in any other case not falling within the provisions of section 6-A

Exemptions.

(a) Copy of any paper which a public officer is expressly required by law to make or fum

any public office or for any public purpose.

(b) Copy of or extract from, any register relating to births baptisms namings, dedications

divorces death or burials.

Counterpart of!Juplicate of any instrument 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 tworupees.

(b) in any other case nOt falling within the provisions of section 6-A

Exemptions.

Counterpart of any lease granted to a cultivator when such lease is exempted from

duty.

Customs Bonds.(a) where the amount does not exceed Rs. 1000

(b) in any other case

Debe.h1re (whether a mortgage debenture or not) being" marketable security

transferable.

(a) by endorsement or by a separate instrument of transfer

(b) by delivery.

Explanation the tenn Debenture includes any interest coupons attached thereto butthe amount such coupons shall nOt be included in estimating the duty.

debenture issued by an incorporated company or other body corporate in terms of a

registered mortgage deed duly stampled in respect ofthe full amount of debentures to

be issued there under whereby the company or body borrowing makes over in whole

or in part their property to trustees for the benefit of the debenture holders.

Provided that the debentures SO issued are expressed to be issued in terms ofthe said

mortgage deed.

. See also bond (No. 15) and sees 8&. 55 declaration. Of any Trust See Trust (No. 64)

Delivery order in respect of goods deposit of title deeds See agreement relating to

deposit oftitle deeds pawan or pledge ( No.6)

Seven hundred and fifty

rupees.Seven hundred and fifty

rupees.

The same duty as a .conveyance ( No. 23) as le~led

by this Act for a consideratIon

equal to the value of theproperty of greatest value as

set forth in such instrument,

The same duty as a

mortgagedeed withpossession (No. 40 (a) for the

amount equal to the amount of

the further charge secured by

such instrument.

The same duty as a

mortgagedeed withpossession ( No. 40 (a) for the

amount equal to the total

amount oUhe charg~.(including the original

mortgage and any further

charge already) less th~ ~utyalready paid on such ongmal

mortgage and further charge.

The same duty as a Bon (No.

15) for the amount of thefurther charge secured by such

instrument.


39/67

Dissolution of partnershiprsee Partnership ( No. 46)Divorce Instrument of that is to say, any instrument by which any person

effect the dissolution of his marriage.

Dower instrument of see settlement ( No. 58)

Duplicate See Counterpart (No. 25)

Entry as an Advocate Vakil or Attorney on the roll of any high court.Under the Indian Bar Councils Act 1926 or in exercise of powers conferred

on such Court by letters Patent or by the Legal Practitioners Act 1884.

(a) in the case of an Advocate or Vakil

EXEMPTIONS.Entry of an Advocate, Vakil or Attorney on the roll of the High court when

he has previously been enrolled in any High court.

Exchange of property - In~trument.

Extract - See copy ( No. 24)

Further Charge. Instrument of that is to say any instrument imposing a

further charge on mortgaged property -

( a) when the original mortgage is one ofthe description referred to inclause ( a) of articles No. 40 that is with possession

(b) when such mortgage is one of the description referred to in clause ( b)

of Articles No. 40 ( that is without possession)

(i) if at the time of execution of the instrument of further charge possession

of the property is given or agreed to be given under such instrument.


rupees.


rupees.

The same duty as a

conveyance ( No. 23) as levied

by this Act for a consideration

equal to the value of the

property of greatest value as

set forth in such instrument.

The same duty as a

mortgagedeed with

possession (No. 40 (a) for the

amount equal to the amount of

the further charge secured by

such instrument.

The same duty as a

mortgagedeed with

possession (No. 40 (a) for the

amount equal to the total

amount ofthe charg~.

(including the original

mortgage and any further

charge already) less the duty

already paid on such original

mortgage and further charge.

The same duty as a Bon (No.

15) for the amount ofthe

further charge secured by such

instrument.


40/67

Gift - Instrument of not being a Settlement (No. 58) or will or Transfer( No. 62)

Hiring agreement or agreement for service See Agreement ( No.5)

Indemnity Bond.

Inspectorship - deed see composition deed ( No. 22)

Lease including an under lease or sub lease and any agreement to let orsublet.

(a) whereby such lease the rent is fixed and no premium is paid or delivered(i) where the lease purports to be for terms'ofless than one year.

(ii) where the lease purports to be for a term of not less than one year but

not more than five years.

(iii) where the lease purports to be for a term exceeding five years, and did

not exceeding ten years.

(i\) where the lease purports to be for a team exceeding ten years, but not

exceeding twenty years.

(v) where the lease purports to be for a term exceeding twenty years, but

nol exceeding thirty years.

(vi) where the lease purports to be for a term exceeding ten years, but not

exceeding one hundred years.

1 '0

The same duty as aconveyance amounting to sale

( No: 23) as levied by this Act

for a consideration equal to the

sale value ofthe property as

set forth in such instrument.

Thirty rupees.

Te same duty as a Security

Bond ( No. 57) for the same

amount

The same duty as Bond ( No.

]5) for the whole amount

payable or deliverable under

such lease.

The same duty as bond ( No.

]5) for the amount or value of

the average annual rent

reserved.

The same duty as a .

conveyance ( No. 23 as levied


equal to the amount or valueof the average annual rent

reserved.

The same duty as a

conveyance ( No. 23) as levied


equal to twice the amount or

value of the average annualrent reserved.

The same duty as a

conveyance (No. 23) as levied


equal to three times the

amount or value of the averageannual rent reserved.

The same duty as a

conveyance (No. 23) as levied


equal to four time:!the amount

or value of the average annual

rent reserved.


41/67

(vii) where the lease purports to be for a term exceeding one

hundred years or in perpetuity.

(b) where the lease is granted for a fineO r premium or for money,advanced and where no rent is reserved.

(c) where the lease is granted for a fine or premium or for money

advanced in addition to rent reserved.

EXEMPTIONS.

Lease, executed in the case of cultivator and for the purposes of

cultivation ( including a lease of trees for the production of food or

drink) without the payment or delivery of any find or premium

when a definite term is expressed and such term does not exceed

on e year or when the avoAnnual rent reserved does not exceed

one hundred rupees.

"

The same duty as a conveyance

amounting to sale ( No. 23) as levied

by this Act for a consideration equal

in the case of a lease granted solely

for agricultural purposes to l/lOlh and

in any other case to I16 th of the whole

amount of rents which would be

paid or delivered in respect of the

first fifty years of/eases.

The same duty as a conveyance ( No.

23) as levied by this Act 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.



consideration equal to the amount or

value of such find or premium or

.advance as set forth in the lease.



consideration equal to the amount orvalue of such find 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. volorem 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 rupees and fifty naye

paise.

In this exemption a lease for the purpose of cultivation shall

include a lease of lands for cultivation shall include a lease of

lands for cultivation together with a homestead or tank.

Explanation when a lease undertakes to pay any recurring charge

such as Govt. revenue the land lords share of cases, or the owners

share of municipal rates or taxes which is by law recoverable fr?m

the lessor the amount so agreed to be paid by the lessee shall be

deemed to be part of the rent.

36 Letter of allotment ofshares. Thirty Naye Paise.


42/67

Letter of guarantee agreement (No.5)

Letter oflicence, that is to say any 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 on

discretion.

Memorandum of Association ofa company.

(a) if accompanied by articles of association under Section 26,27

and 28 of the Companies Act 1956

(b) ifnot so accompanied.EXEMPTIONS.

Memorandum of any association not formed for profit and

registered under section 25 of the companies Act 1956.

Mortgage Deed not being an agreement relating to deposit of title

deeds pawn or pledge ( No.6)

( a) When possession ofthe property or any part of the property

comprised in such deed is given by the mortgagor or agreed to be

given.

Where the amount secured by such instrument does not exceed

fifty rupees.

Where it exceeds fifty rupees but does not exceed one hundred

rupees.

Where it exceeds one hundred rupees but does not e~ceed three

hundred rupees.

Where it exceeds two hundred rupees but doe not exceed three

hundred rupees.

Where it exceeds three hundred rupees but does not exceed four

hundred rupees.

Where it exceeds four hundred rupees but does not exceed five

hundred rupees.

Where it exceeds five hundred rupees but doe not exceed six

hundred rupees.

Where it exceeds six hundred rupees but does not exceed seven

hundred rupees.

Where it exceeds seven hundred rupees but does not exceed eight

hundred rupees.

Where it exceeds eight hundred rupees but does not exceed nine

hundred rupees.

Where it exceeds nine hundred rupees but doe not exceed one

thousand rupees.

IJ -

Bottomary bond ( No. 16) Mortgage

of a crop ( No. 4\) Respondentia

Bond ( No. 56) or security Bond

(No. 57)


43/67

and for every five hundred'"rupees or part thereof in excess of one thousand Fifteen rupees.

rupees.

(b) when possession is not given or agreed to be given as aforesaid The same duty as a Bond ( No.

15) for the amount secured by

such deed.

Explanation: a mortgagor who gives to the mortgagee a power of attorney

t collect rents or a lease of the property mortgaged or part thereof is deemed

to give possession within the meaning ofthis articles.

( c) when a collateral or auxiliary or additional or substituted security or by

way of further assurance for the above mentioned purposes where the

principal or primary security is duly stamped.

(I) Instrument executed by persons taking advances under the Land

improvement lands Act 1883 or the agriculturists lands Act 1884 or by their

sureties as security for the repayment of such advances.

41 Mortgage of a 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 is not in existence at the time of the mortgage.

(a) when the loan is repayable in not more than three months from the date

of the instrument

(b) when the loan is repayable more than three months but not more than

eighteen months from the date of the instrument.

Notarial Act that is to say any instrument endorsement note attestation


44/67

(b) of any stock or marketable security exceeding in valuetwenty rupees.

Subject to a maximum ofthirty rupees.

thirty paise for evey Rs. 10,000 or part

thereof the value of the stock or security.

The same duty as a bond (No. 15) for the

amount of the value ofthe separated share 0

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 sha!es are separated.

(a) when an instrument of partition containing an agreement to divide property in severalty is executed and

a partition is effected in pursuance of such agreement the duty changeable upon the instrument effecting

such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be

less than two rupees.

(b) where land is held on revenue settlement for a period not exceeding thirty years and paying the full

assessment the value for the calculated at not more than ten 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 orders or award is subsequently executed the

duty on such instrument shall not exceed on rupee .fitleen naye paise.

46 Partnership

A- Instrument of

Pawn or pledge See agreement relating to deposit of title deeds

pawan or pledge ( No.6)

48. Power of attorney as defined by section 2 (21) not being a proxy

(No. 52)

(a) when executed for the sole purpose of procuring the

registration of one or more documents in relation to a single


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(d) when authorizing not more than.Jive persons to act

jointly and severally in more thaI! one transaction orgenerally.

(e) when authorizing more than five but not more than ten

person to act jointly and severally in more then one

transaction or generally.

(f) when given for consideration and authorizing the

attorney to sell any immovable property.

Explanation for the purposes of this Article more person

than one when belonging to the same firm shaH deemed to

be one person.

Promissory Note.

Protest of bill or Note that is to say any declaration in

writing made by a notary Public or other person lawfuHy

acting as such attesting the dishonour of a biH of exchange

or promissory note.

Protest by the Master of a ship .

Proxy

Receipt Trust (64) .

Reconveyance of mortgaged property.(a) if the consideration for which the property was

mortgaged does not exceed Rs. 1000

(b) in any other case.

(i) if the reconveyance relates to immovable property

situated within a Municipality Cantonment board or

Notified Area.

Release, that is to say any instrument ( not being such a

release as is provided for by Section 23 A) whereby any

persons renounces his interest share part or claim.

(a) if the release is made of ancestral property in favour ofbrother or sister ( children of renounces parents) or son or

daughter or father or mother or spouse or grand children or

nephew or niece coparcener of the renouncer.

The same duty as a conveyance (No. 23) as

levied by this Act for the amount of the

consideration.

Three rupees for each person authorized.

N .B. the term registration includes every.

operation incidental to registration under

the Indian Registration.

As in schedule 1

Three rupees.

As in schedule 1

As in schedule 1

As in schedule I

The same duty as other a conveyance ( No.

23) as levied by this Act, for the amount of

such consideration as se forth in the

reconveyance.


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Respondentia Bond. That is to say any instrument

securing a loan on the cargo laden or to be laden on board a

ship and making repayment contingent on the arrival of

the cargo at the port of destination.

Revocation of any trust or settlementSee. Settlement No. 58

Trust No. 64

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, orexecuted by a surely to secure the due performance of a

contract or the due discharge of a liability.

(a) when the amount secured does not exceed Rs. 1000


EXEMPTIONS.

Bond or other instrument when executed.

(a) by any persons for the purpose of guaranteeing that the

local income derived from private subscription to a

charitable dispensary or hospital or any other object or

public utility, shall not be less than a specified sum permenesm.(b) by a persons taking advances under the land

improvement Loans Act 1883 or the Agriculturists loans

act 1884 or by their sureties as security for the repayment

of such advance.

(c) by officers of Govt. or their sureties to secure the de

execution of an office or the due accounting for money or

other property received by virtue thereof.

Settlement.

A- Instrument of ( including a deed of dower).

Exemptions.

Deed of dower executed on the occasion of a marriage

between Muhammadans. .

B - Revocation.

1$

The same duty as other a conveyance [ No.

23 (a)] relating to sale of immovable

property] for the amount equal to the market

value of the share, interest part of claim

renounced.

The same duty as a Bond (No. IS) for the

amount secured.

The same duty as a Bond (No. 15) for the

amount secured.

Fifteen rupees.

The same duty as a Bond ( No. IS) for a

sum of equal to the amount r value of the

property settled as set forth in such

settlement.

The same duty as a Bond ( No. I5) for a

sum equal to the amount or value of the

property concerned as set forth in the

instrument of Revocation but not exceeding

thirty rupees.


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. .Share warrants to bearer iS,suedunder the companies Act

1956

Exemptions.

Share warrants 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 per centum pfthe whole subscribed

capital of the company or

(b) ifany company which has paid the said duty or

composition in full subsequently issue an adition to its

subscribed capital one and a half per centum of the

additional capital so issued.

Shipping order.

Surrender flease.

(a) when the duty with which the lease is chargeable does

not exceed then rupees.


Exemptions.

Surrender oflease, when such lease is exempted from duty.

Transfer ( whether with or without consideration)

(a) of shares in an incorporated company or other bodycorporate.

(b) of debentures being marketable securities whether the

debenture is liable to duty or not except debentures

provided for by Section 8

(c) of any interest secured by a bond, mortgage deed or

policy of insurance.

(d) of any property under the Administrator Generals act

1913 Section 25

(c ) of any trust property without consideration form one

trutee to another trustee or from a trustee to a beneficiary.

Exemptions.

Transfers by endorsement.

(a) ofa bill of exchange cheque or promissory note.

(b) of a bill oflading , delivery order warrant for goods or

other merchantile oftitle to goods.

( c) of a policy.

I

One and a halftimes the duty payable on a

mortartgage deed with possession [No. 40(a)l for the amount equal to the nominals

amount of the shares specified in thewarrant.

The duty with which such lease is

chargeable.

Fifteen rupees.

One half ofthe duty payable on a debenture

( No. 27) for a consideration equal to the

face amount of the debenture.One half ofthe duty with which such bond

mortgagedeed or policy of insurance is

chargeable subject to a maximum of

seventy five rupees.

Twenty two rupees fifty naye paise.

Eleven rupees, twenty five nay paise or

such smaller amount as as may be

chargeable under clauses (a) to ( e) for this

articles.


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See also section 8

Transfer of lease by way of assignment and not by way funder lease.

Exemption.

Transfer of any lease exempt from dutyTrust.

A Declaration of or concerning any prop ( any writing not

being a will)

B- revocation of or concerning any property when made by

any instrument other than a wiIJ.

See also settlement (No. 58)

Valuation see Appraisement (No.8)

Vakil see entry as Vakil (No. 30)

Warrant for Goods, that is to say any instrument

evidencing the title of any person there in named or his

assigns or the holder thereof to the property in any goods

lying in or upon any dock, warehouse or wharf, such

instrument being singed or certified by or on behalf of the

person in whose custody such goods may be

The same duty as other conveyance ( No.23) as levied by this Act, for a consideration

equal to the amount ofthe consideration for

the transfer.

The same duty as a Bond (No. 15).for a

sum equal to the amount or value of the

property concerned as set forth in the

instrument but not exceeding forty five

rupees.

The same duty as a Bond (No. 15) for a

sum equal to the amount or value of theproperty concerned as set forth in the

instrument but not exceeding thirty rupees.


49/67

~ cprO. 3IT0 104/etiO 3IT0 16/1908 mo 78 elm 79/2006- ,


50/67

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51/67

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53/67

HARYANA GOVT. GAZ. (EXTRA) Nov. 6, 2006

(KRTK 19, 1928 SAKA)

HARYANA GOVERNMENT

REVENUE AND DISASTER MANAGEMENT DEPARTMENT.

Notification

The 6th November, 2006.

No. S.O. 104/CA.l6/1908/SS 78 and 79/2006- In exercise ofthe powers conferred by

Sections 78 and 79 of the Registration Act 1908 (Act 16 of 1908), the Governor of Hr. in partial modification

of Hr. Govt. Revenue department notification No. SO 27/CA 16/1908/Ss 78 and 79/79, dated the 17th April

1979 hereby prescribes the following fees in respect of articles I, in the table of registration fees published

with the aforesaid notification namely:-

(I) In book No.1 the register of Non testamentary documents relating to immovable

property.

(b) for all compulsorily registrable documents (other than leases of immovable

property)-

If the value or consideration be only partly expressed ( in addition to the ad valorem

fee as above on the value fee or consideration money expressed) or ifthe value or

consideration be not at all expressed.

Rs.

50.00


54/67

HARYANA GOVT. GAZ. (EXTRA) Nov. 6, 2006

(KRTK 15,1928 SAKA) . .

(c) for lease of immovable property-and surrender ofleases.

Note (I) Such fee in the case of duplicate, if presented with the original

shall be ten rupees only. Duplicates, ifnot presented alongwith theiroriginals, shall be treated like the originals.

(2) The registration fee to be paid on partition deed shall be calculated on

the value of the share or shares on which stamp duty has been assessed

under article 45 of Schedule I-A to the Indian Stamp Act, 1899.

(a) when the valuation of property bequeathed does not exceed Rs. 1000

or

(3) In book NQ. 4 miscellaneous register for documents under clauses (d)

and(t) of section 18, all non -testamentary instruments.

At the rates given in clause

(b) above on the amount of

rent on which stamp duty

has been assess under article

35 of schedule I-A of the

Indian Stamp Act, I 899 and

if the lease be exempt from

stamp duty, ten rupees.


55/67

HARY ANA GOVT. GAl. (EXTRA) Nov. 6, 2006


Relating to Book 4 including sale tlertificate presented for registration in

original-

(i) for the registration of special power of attorney

(iv) for the registration of any other document which cannot be brought

under the ad valorem scale prescribed by the preceding clauses of this

table i.e. which is incapable of valuation.

Half of the amount of stamp

duty payable on the deed of

this nature, subject to a

minimum of fifty rupees.

PROMILLA ISSAR,

Financial Commissioner & Principal Secretary

to Government, Haryana,

Revenue and Disaster Management Department..


56/67

HARY ANA GOVT. GAl. (EXTRA) Nov. 6, 2006


Relating to Book 4 including sale aertificate presented for registration in

original-

(i) for the registration of special power of attorney

(iv) for the registration of any other document which cannot be brought

under the ad valorem scale prescribed by the preceding clauses of this

table i.e. which is incapable of valuation.

Half of the amount of stamp

duty payable on the deed of

this nature, subject to a

minimum of fifty rupees.

PROMILLA ISSAR,

Financial Commissioner & Principal Secretary

to Government, Haryana,

Revenue and Disaster Management Department..


57/67

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59/67

The Financial Commissioner & Secretary to Govt.,Haryana, Revenue Department. 'I -

Memo No. 685-STR-II-96/19839

Chandigarh, dated the 17-10-96

The rates for the supply of certified copies of documents mentioned in

Schedule (A) to Chapter! of the Copying Agencies Manual, 1947 were fixed vide this office

Memo No. 33 I9-STR-II-90/18343, dated 12-7-90. On re-consideration it has been decided

that the e.'iisting rates in the said schedule shall be substituted as under with immediate

effect:-

Copies of Judgment decrees and all papers

connected there-to (From Sr. No. I to 9 and

other connected items of Schedule 'A'

Rates

Rs. 3/- per page

2. (I) (a) Copies of entries in mutation including

geological table & Shajra of

Field .

(i) Contested & un-contested mutations

(Item Nos 10 & II of Schedule 'A')

(ii) Copies of geological table Shajra of fields and Rs. 10/- for 20 Khasra Nos

Khasra Paimaish. plus Rs.2/- for every block

(Items Nos 10 & 12 of Schedule 'A') of 5 Khasra Nos.

(b) Copies of entries in registers viz.

Jamabandi, Misil Haqquiy at Khatauni

Paimaish Khutauni lstemal etc.

(ii) Khatauni Paimaish Khatauni Istemal

(Item No. 13 of schedule 'A'

Ten Rupees per Khatauni

holdings upto five holdings

and above that number Five

rupees for every additional

holding.

Rs. 3/- per page.

(i) Misil Haqquiy at

(a) (Item No.90 of Schedule 'A'

(b) Jamabandi

(Item No. 91 of Schedule 'A'

(iii) Parcha Tasdiq.

(Item No. 14 of Schedule 'A'

Rs.lO/- upto five entries &

Rs. 2/- for every additional

entry.


60/67

2. Copies of Khasra Girdawari

(Item No. 26-A of Schedule 'A'

Copies of Naqsha Chahat

(Item No. 83 of Schedule 'A')

Copies of pedigree table


Two rupees per word

subject to a minimum of Rs.

10/- and maxim.um of

Rs.50/-

5. Miscellaneous copies including consolidation of Rs. 3/- per page subject toHolidings record not included in Sr.Nos./&2 minimum ofRs. 10/-

Copies of maps/Shajras Khosra Paimaish Rs/ 10/- per 20 Khasra Nos.

Khasra Khare Shumari Musavi etc. & Rs. 2/- for every block of

(Item Nos. II. J 2 & 26) five Khasra Nos.

Notes:-

1. The charges shown above shall also apply to copies supplied in departmental

enquires.

2. For additional charges for copies required by post or by V.P.P. and for search

fees reference should be made to rule I.l3 and 1.2 (g) of this Manual.

3. For nery type written extra carbon copy the


61/67

r J - o

2. Copies of Khasra Girdawari

(Item No. 26-A of Schedule 'A'

Copies ofNaqsha Chahat


Copies of pedigree table


Two rupees per word

subject to a minimum of Rs.

101- and maxim.um of

Rs.501-

5. Miscellaneous copies including consolidation of Rs. 3/ - per page subject toHolidings record not included in Sr.Nos.l&2 minimum ofRs. 10/-

Copies of maps/Shajras Khasra Paimaish R sl 1 0/- per 20 Khasra Nos.

Khasra Khare Shumari Musavi etc. & Rs. 2/- for every block of

(Item Nos. II. 12 & 26) five Khasra Nos.

Notes:-

I. The charges shown above shall also apply to copies supplied in departmental

enqUIres.

2. For additional charges for copies required by post or by V.P.P. and for search

fees reference should be made to rule 1.13 and 1.2 (g) of this Manual.

3. For e\"ery type written extra carbon copy the


62/67

A copy is forwarded to the following for information and necessary action:-

1. All s.n.O.(Civil), in the Statge.

2. All the Tehsildars & Naib Tehsildars in the State.3. All the Steamp Auiditors in the State and the Chief Stamp Auditor-I & II,

Office of Financial Commission~r, Revenue, Haryana, Chandigarh.

Deputy Secretary Revenue,

for Financial Commissioner & Secretary to

Govt. Haryana, Revenue Department

Endst. No. 685-STR-II-96/l9841 Chandigarh, dated the 17-10-96

A copy is forwarded to the Inspector General ofRegistgration, Haryana, Chandigarh

for information and necessary action.

Deputy Secretary Revenue.



Endst. No. 685-STR-II-96119842 Chandigarh, dated the 17-10-96

A copy is forwarded to the Accountant General (Audit) Haryana for information.




Endst. No. 685-STR-I1-96iI9843 Chandigarh, dated the 17-10-96

A copy is fonvarded to the Commissioner, Ambala, Hisar, Rohtak & Gurgaon

Divisions for infol1l1ation and necessary action.



Govt. Haryana, Revenue Department ,

Endst. No. 685-STR-II-96/19844 Chandigarh, dated the 17-10-96

A copy is forwarded to the Gegistrar, Punjab & Haryana High Court, Chandigarh for

information and necess3IY action.



Govt. Haryana, Revenue Depal1ment


63/67

..4..

Chandigarh, dated the 17-10-96

A copy is forwarded to all the District and'Session Judges in the State for

infonnation and necessary action.

Deputy Secretary Revenue,



A copy is forwarded to all the Financial Commissioners in the State of Haryana for

infonnation and necessary action.




U.O. No. 6854-STR-II-96/4660 Chandigarh, dated the 17-10-96

A copy is fonvarded to the Financial Commissioner & Secretary to Govt. Haryana.

Finance Department with reference to his U.O. No. 13/12-FG-II-88/2290, dated 10-10-96 for

information.

Deputy Secretary Revenue.for Financial Commissioner & Secretary to


The Financial Commissioner & Secretary to Govt.,

Haryana.finance Department.


64/67

From To

Financial Commissioner & Secretary to All The Deputy Commissioner - cum-

Govt. Haryana , Revenue department Collectors in Haryana State

Memo No. STR-I-200IlChandigarh Dated 20.7.2001.

Keeping in view the decision taken in IT-PRISM meeting on 23.10.2000 held under the

chairmanship of Chief secretary and further decision taken by Financial Commissioner, Revenue

regarding implementation ofHARIS in the state ofHaryana. Following are the decision.

S# Type of Deeds Service charges [

in rupees]

I Sale Conveyance, Gift , 200

Exchange, Decree or Order of

court, Lease, Surrender or lease,

Deed of Divorce, Deed of Power,Marriage Registration other

Conveyance Deed of furterh

charge Transfer of lease.

2 Mortgage Adoption Authority to 150

adopt GPA, SPA, any other

document which is incapable ofvaluation. settlement Release.

3 All type of cancellation will 100

Award Agreement any other.

[02] Instructions related to service charges, .

.,. Service charges shall be borne by the person by whom the stamp duty charges are borne .

.,. Service charges will be colleted by District Red cross Society and a Service charge Receipt

will be issued in duplicate to the concerned person. One service charge receipt will be

attached with the Document to be presented.,.. Service charges shall be payable only ifHARIS is functional in the tehsil/sub tehsil.

.,. These service charges shall also be applicable on all documents on which exemption from

stamp duty has been given except in case of government departments.

[03] Distribution of collected Service charges ..,. Red cross society will keep the record of collected service charges and expenditure made

on the project. Record of collected service charges may be maintained on daily monthly and

yearly basis. Compilation of collected funds may be maintained tehsil wise as well as for

the as whole district ..,. 90% of the collected service charges will remain with Distt. Red cross Society/ Deputy

Commissioner, who is chairman ofthe Society. .,. 10% of the collected service charges will be sent to FCR oftice for maintenance of project

Development &monitoring cell at State level for HARIS Project. The contribution to this

effect shall be remitted to FCR keeping in view the receipts since inception of the HAIS

Project. This amount.


65/67

will be spent on maintenance of Hardware, computer consumables and contractual

manpower for development and execution of the project.

-, Rs. 2500/- may be given to District Information officer as imprest money for petty

expendutres for proper execution of HARIS project out of Red cross share of collected

service charges DIO will provide the proper record of this imprset money for recouping.[04] General instructions.

J > - Whenever dio/dia has to visit tehsill sub tehsil for solving the technical support, Distt.

Administration will provide vehicle. In case vehicle is not provided and DIO/DiA visits

Tehsil 1 sub Tehsil by making his own arrangements she will receive the payment from the

imprest money as per his entitlement

, Since there will be uneven collection of service charges from different tehsils, therefore,

expenditure may be carried out of the total charges collected in the dislt. This will lead toconsistent It percolation in the state in Revenue sector and provide cross- subsidization,.

,. Recurring expenditure of the project like procurement of stationery CDs PatrollDiesel,

Toner etc should be met out of Red Cross share of Collected service charges.

,. Procurement of computer Hardware system software, data entry contractual manpower for

the project will be done through Red cross share of colleted service funds.

,. Sinc HARIS is project with public interface therefore a availability of Harware and related

component s is very crucial keeping this view one extra set of Harware and related items

may be procured and kept at Nic distt. Centre for immediate replacement where HARIS is

in operation at more than 3 locations in the district.

-, Since HARIS application has many aspects, therefore different vet:sions of this product are

likely to come based on the requirements and technological solutions. District

Administration will comply the instructions for smooth execution of HARIS Project in all

Tehsils by implementing new versions.,.. Since Collector Rates charges every year or so, therefore complete backup of the previous

rates on CD amI printout may be kept for record with proper indexing.

;- For auditing purposes, date availability needs to be ensured. For this, proper backups with

proper indexing ofGDs should be maintained in the tehsils / sub tehsils.

Under Secretary revenue (G),

For Financial Commissioner & Secretary to Govt.

Haryana Revenue Department.

A copy to the above is being forwarded to Technical Director & State Coordinator, HARIS Project,

NIC Haryana State Unit for information &necessary actio

Documents

Property Dealers and Consultants Regulation Act 2008 (3)