MAHARASHTRA STAMP ACT, 1958

Act No. LX of 1958

An Act to consolidate and amend the law relating to stamps and stamp duties in the State of Bombay Whereas it is expedient to consolidate and amend the law relating to stamps and rates of stamp duties other than those in respect of document specified in entry 91 of List-I in the Seventh Schedule of the Constitution of India in the State of Bombay1; It is hereby enacted in the Ninth Year of the Republic of India as follows 2 :- 1. Substituted for "The Bombay Stamp Act, 1958" by the Maharashtra (Change of Short Titles of Certain Bombay Acts), 2011 (Mah. Act No. 24 of 2012) and shall be deemed to have been amended w.e.f. 1st May, 1960. 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra., Part V, p. 122.

Read full Act

S.1 Short title, extent and commencement

(1) This Act may be called the 1 [Maharashtra Stamp Act], 1958.

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

(3) It shall come into force on such date 3 as the State Government may, by notification in the Official Gazette, direct.

1. Substituted by the Maharashtra (Change of Short Titles of Certain Bombay Acts) Act, 2011 (Mah. Act No. 24 of 2012) and shall be deemed to have been amended w.e.f. 1st May, 1960, for the following:- "The Bombay Stamp Act, 1958"

2. Substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

3. w.e.f. 16-2-1959 vide G.N.R.D. No. STP. 1507/IR, dated 4-2-1959, BGG Pt. IV-B, P.191, dt. 4-2-1959.

S.2 Definitions

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

• (a) "association" means any association, exchange, organisation or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling business of the sale or purchase of, or other transaction relating to, any goods or marketable securities;
• (aa) 28 ["Additional Controller of Stamps, Mumbai" means the officer or officers so designated by the State Government and includes any other officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf ;]
• (b) 1 ["banker" means an association, a company or a person who accepts, for the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise;]
• (c) "bond" includes--
  • (i) any instrument whereby a person obliges h
    

S.3 Instrument chargeable with duty

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

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

1 [Provided that a copy or extract, whether certified to be a true copy or not and whether a fascimile image or otherwise of the original instrument on which stamp duty is chargeable under the provisions of this section, shall be chargeable with full sta

S.4 Several Instruments used in single transaction of development agreement sale, mortgage or settlement

4. Several Instruments used in single transaction of 1 [development agreement] sale, 4 [lease,] mortgage or settlement.--

(1) Where, in the case of any 1 [(development agreement)] 4 [lease,] sale, 4 [lease,] mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, 1 [(development agreement)] 4 [lease,] mortgage or settlement, and each of the other instruments shall be chargeable with a duty of 5 [five hundred rupees] instead of the duty (if any) prescribed for it in that Schedule.

(2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument.

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

S.5 Instruments relating to several distinct matters or transactions

1 [5. Instruments relating to several distinct matters or transactions

Any instrument comprising or relating to several distinct matters or transactions shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters or transactions, would be chargeable under this Act.]

1. Substituted by Maharashtra Stamp (Amendment and Validation) Act, 2021, section 2 (W.e.f. 11.08.2015), for the followings:- "5. Instruments relating to several distinct matters Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act."

S.6 Instruments coming within several descriptions in Schedule I

Subject to the provisions of section 5, an instrument so framed as to come within two or more of the descriptions in Schedule I shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties:

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

1. These words were Substituted for the words "ten rupees" by the Maharashtra 5 of 2010 (w.e.f. 12.04.2010).

S.7 Payment of higher duty in respect of certain instruments

(1) Notwithstanding anything contained in section 4 or 6 or in any other enactment, unless it is proved that the duty chargeable under this Act has been paid,--

• (a) on the principal or original instrument, as the case may be, or
• (b) in accordance with the provisions of this section,

the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in this State have been chargeable under this Act with a higher rate of duty, be the duty with which the principal or original instrument would have been chargeable under section 19.

(2) Notwithstanding anything contained in any enactment for the time being in force, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence unless the duty chargeable under this section has been pa

S.8 Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law

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

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

(3) In the case of wilful neglect to pay the duty required by this section the

S.9 Power to reduce, remit or compound duties

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

• (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the 2 [duties or penalty, if only, or both] with which any instruments or any particular class of instruments or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by in favour of any members of such class, are chargeable, and
• (b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of bonds or marketable securities other than debentures.

1. These words were inserted by Maharashtra 27 of 1985 s. 6 , (w .e.f . 10 . 12 . 1985).

2. Substituted for the words "duties" by Maharashtra Order No. 7 of 2019 d

S.10 Duties how to be paid

(1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid and such payment shall be indicated on such instrument, by means of stamps,--

• (a) according to the provisions herein contained; or
• (b) when no such provision is applicable thereto, as the State Government may, by rules, direct.

(2) The rules made under sub-section (1) may, among other matters, regulate,--

• (a) in the case of each kind of instrument, the description of stamps which may be used;
• (b) in the case of instruments stamped with impressed stamps, the number of stamps which may be used.

1 [(2-1A) From the date of coming into force of the Bombay Stamp (Amendment) Ordinance, 2003, in the case of instruments, stamped with impressed stamps, such stamps shall bear the stamp and signature with date, of the authorised officer of the Treasury, Sub-treasury or the General Stamp Offi

S.10A Duties to be paid in cash, by demand draft or by pay by order by Government controlled bodies, Insurance Companies and Banks

1 [10A. Duties to be paid in cash, by demand draft or by pay order by Government controlled bodies, Insurance Companies and Banks

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

"Stamp duty of Rs. . . . . . . . . . . . paid in cash or by demand draft or by pay order, vide Receipt/Challan No. . . . . . . . . . . . . . dated the . . . . . . . . ."

Signature of Proper Officer]

S.10B Stock exchange etc., to deduct stamp duty from trading members account

1 [10B. Stock exchange etc., to deduct stamp duty from trading member's account

Notwithstanding anything contained in this Act, in case of transactions through stock exchange or an association as defined in clause (a) of section 2 of the Forward Contracts (Regulation) Act, 1952, the stock exchange or, as the case may be, an association, shall collect the clue stamp duty by deducting the same from the trading member's account at the time of settlement of such transactions. The stamp duty so collected shall be transferred to the Government Treasury, Sub-Treasury or General Stamp Office in the manner specified by the Chief Controlling Revenue Authority.

Explanation. -- For the purposes of this section, "stock exchange" means the stock exchange as defined in clause (j) of section 2 of the Securities Contract (Regulation) Act, 1956.

1. Section 10B was inserted by section 4 of the Bombay Stamp Amendment Act, 2005 (Mah. 32 of 2005) dated 08.04.05 w.e.f.

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

1 [Notwithstanding anything contained in section 10, in case of the notary appointed under the Notaries Act, 1952 (53 of 1952), for the whole or any part of the State of Maharashtra, the duty payable for performing the functions entrusted to him under any law for the time being in force, may be paid by him way of cash, or by demand draft or by pay order, in any Government Treasury or Sub-Treasury or General Stamp Office, Mumbai and the notary shall make an endorsement on the instrument as follows, namely :-

"Stamp Duty of Rs. ..................... paid 2 in cash / by demand draft / by pay order, vide 2 Receipt / Challan No. ................... dated the ................................., in 2 Government Treasury / Sub-Treasury office at .................... / the General Stamp Office, Mumbai.

Seal of the notary.

Signature of notary with date.]

1. Inserted by Maharashtra 05 of 2010, section 3.

S.10D Certain departments organisations institutions etc., to ensure payment of stamp duty

1 [10D. Certain departments organisations institutions etc., to ensure payment of stamp duty

2 [(1) Nothwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) or by any other system of payment as may be notified by the State Government in this behalf, in respect of such instruments, as may be specified in the notification in which such Department or body, etc., is a party or which create a right in favour of such Department or body, etc., and of which registration is not compulsory :

Provided that, in case of instru

S.11 Use of adhesive stamps

The following instruments may be stamped with adhesive stamps, namely:--

• (a) 1 [* * *]
• (b) 2 [instruments mentioned at 3 [articles 1,] 5(a) to (g), 17, 29, 37, 4 [41], 42, 43, 59(a) and 62 in Schedule I.]

1. This clause was deleted, by Mah. 9 of 1988 , s. 34 (a), (w .e.f . 22 . 4 . 1988).

2. Clause (b) was sub stituted for the original clauses (b) and (c) by Mah. 10 of 1965 , s.3

3. This word and figure was sub stituted for the word and letters "article Nos.", by Mah. 9 of 1988 , s. 34 (b) (w .e.f . 22 . 4 . 1988).

4. These figures were sub stituted for the figures, brackets and letter " 41 (a)", by Mah. 27 of 1985 , s. 8 . (w .e.f . 10 . 12 . 1985).

S.12 Cancellation of adhesive stamps

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

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

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

(3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.

S.13 Instruments stamped with impressed stamps how to be written

1 [13. Instruments stamped with impressed stamps how to be written

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

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

Explanation II.-- Where the sheet or sheets bearing impressed stamps is or are insufficient to admit of the entire instrument being written thereon, so much plain paper

S.14 Only one instrument to be on same stamp

No second Instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written:

Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.

S.14A Alterations in instruments how to be charged

1 [14A. Alterations in instruments how to be charged

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

1. Section 14 A was inserted by Mah. 27 of 1985 , s. 10 (w .e.f . 10 . 12 . 1985).

S.15 Instrument written contrary to sections 13, 14 or 14A deemed not duly stamped

15. Instrument written contrary to sections 13, 1 [14 or 14A deemed not duly stamped.]

Every instrument written in contravention of section 13 2 [14 or 14 A] sh all be deemed to be 3 [not duly stamped.]

1. These figures, words and letters were sub stituted for the words and figures "or 14 deemed unstamped", by Mah. 27 of 1985 , s. 11 (c) (w .e.f . 10 . 12 . 1985).

2. These figures, and letter were sub stituted for the words and figures "or section 14 ", by Mah. 27 of 1985 , s. 11 (a) (w .e.f . 10 . 12 . 1985).

3. These words were sub stituted for the word "unstamped" by Mah. 27 of 1985 , s. 11 (b) (w .e.f . 10 . 12 . 1985).

S.16 Denoting Duty

Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last mentioned duty shall, if application is made in writing to the Collector for the purpose, and on production of both the instruments, be denoted upon such first mentioned instrument by endorsement under the hand of the Collector in such other manner (if any) as the State Government may, by rules, prescribe.

S.17 Instruments executed in State

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

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

1. These words were added, by Mah. 27 of 1985 , s. 12 , (w .e.f . 10 - 12 - 1985).

2. Added by Mah. 17 of 1993 , s. 31 , (w .e.f . 10 - 12 - 1985).

3. This proviso was sub stituted for the original by B om. 95 of 1958 , s. 3.

S.18 Instruments executed out of State

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

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

S.19 Payment of duty on certain instruments [or copies thereof] liable to increased duty in [Maharashtra State]

19. Payment of duty on certain instruments 1 [or copies thereof] liable to increased duty in 2 [Maharashtra State]

Where any instrument of the nature described in any article in Schedule I and relating to any property situate or to any matter or thing done_to be done in this State is executed out of the State and subsequently 3 [such instrument or a copy of the instrument is] received in the State,--

• (a) the amount of duty chargeable on such instrument 4 [or a copy of the instrument] shall be the amount of duty chargeable under Schedule I on a document of the like description executed in this State less the amount of duty, if any, already paid under any law in force in India excluding the State of Jammu and Kashmir on such instrument when it was executed;
• (b) and in addition to the stamps, if any, already affixed thereto such instrument 4 [or a copy of the instrument] shall be stamped with the stamp
  

S.20 Conversion of amount expressed in foreign currencies

(1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of India, such duty shall be calculated on the value of such money in the currency of India according to the current rate of exchange on the day of the date of the instrument.

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

S.21 Stock and marketable securities how to be valued

Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.

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

Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject matter of such statement, be presumed until the contrary is proved to be duly stamped.

S.23 Instruments reserving interest

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

S.24 Certain instruments connected with mortgages of marketable securities to be chargeable as agreements

(1) Where an instrument --

• (a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or
• (b) makes redeemable or qualifies a duly stamped transfer intended as a security or any marketable security,

it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under Article No. 5(h) of Schedule I,

(2) A release or discharge of any such instrument shall only be chargeable with the like duty.

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

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

Where any property is transferred to any person --

• (a) in consideration, wholly or in part, of any debt due to him; or
• (b) subject either certainly or contingently to the payment or transfer (to hi m or any other person) of any money or stock, whether being or constituting a charge or encumbrance upon the property or not;

such debt, money or stock, shall be deemed to be the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty:

Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in Article 16 of Schedule I.

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

S.26 Valuation in case of annuity, etc.

Where an instrument is executed to secure the payment of an annuity or other sum payable periodically or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be, --

• (a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained, such total amount;
• (b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance, the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and
• (c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument
  

S.27 Stamp where value of subject-matter is indeterminate

Where the amount of value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or in the case of an instrument executed before the commencement of this Act, could not have been ascertained at the date of its execution or, first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, 1 [have been sufficient, and the instrument shall be deemed to be insufficiently stamped as respects the excess amount and the provisions of section 34 shall accordingly apply in relation to the admission of the instrument in evidence:

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

2 [Provided further that] in the case of the lease of

S.28 Facts affecting duty to be set forth in instrument

The consideration (if any) 1 [the market value] and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.

1. These words were inserted by Mah. 16 of 1979 , s. 4.

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

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

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

S.30 Duties by whom payable

In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne:--

• (a) in the case of any instrument described in any of the following articles of Schedule I, namely:--
  • No. 2 (Administration Bond),
  • No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),
  • No. 13 ( Bond),
  • No. 14 ( B ottomry Bond),
  • No. 28 (Customs Bond),
  • No. 33 (Further Charge),
  • No. 35 (Indemnity Bond),
  • No. 40 (Mortgage Deed),
  • No. 52 (Release),
  • No. 53 (Respondentia Bond),
  • No. 54 (Security Bond or Mortgage Deed),
  • No. 55 (Settlement),
  • No. 1 [59 (a)] (Transfer of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899),
  • No. 59 (b) (Transfer of any interest secured by a bond or mortgage deed or policy of i
    

S.30A Duties payable by financial institution

1 [(1) Notwithstanding anything contained in section 30, where any instrument referred to in clauses (a) to (g) of section 30, is executed on or after the date of commencement of the Maharashtra Tax Laws (Levy and Amendment) Act, 2013 (Mah. VIII of 2013), in favour of or by any financial institution such as Bank, Non-Banking Finance Company, Housing Finance Company or alike, which creates any right in favour of any such financial institution, the liability to pay proper stamp duty shall be on such financial institution concerned without affecting their right, if any, to collect it from the other party 2 [, if the other party fails to pay the proper stamp duty].

(2) In respect of any such instrument executed before the date of commencement of the Maharashtra Tax Laws (Levy and Amendment) Act, 2013, (Mah. VIII of 2013) and are effective and where proper stamp duty is not paid, then the financial institution shall impound such instrument on or before the 3

S.31 Adjudication as to proper stamps

1 [(1) When an instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, 2 [by one of the parties to the instrument and such person] applies to have the opinion of that officer as to the duty (if any) with which 3 [or the Article of Schedule I under which] it is chargeable and pay 12 [a fee of one thousand rupees] the Collector shall determine the duty (if any) with which 3 [or the Article of Schedule I under which] in his judgement, the instrument is chargeable].

13 [Provided that, after commencement of the Maharashtra Stamp (Amendment) Act, 2025 (Mah. XX of 2025), in respect of executed instruments, no application shall be accepted for adjudication, unless the person has deposited with the Collector,-

• (i) where the stamp duty is chargeable on the market value of the property, which is the subject matter of such instrument, the amount of difference be
  

S.32 Certificate by Collector

(1) When an Instrument brought to the Collector under section 31 , is in his opinion, one of a description chargeable with duty, and --

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

the Collector shall certify by endorsement on such instrument that the full duty 1 [(stating the relevant Article of Schedule I and the amount)] with which it is chargeable has been paid.

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

(3) 2 [Subject to the provisions of section 53 -A, any instrument upon which an endorsement has been made] under this section, shall be deemed to be duly stamped or not chargeable with duty

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

1 [32A. Instrument of conveyance, etc . undervalued how to be dealt with

(1) Every instrument of conveyance, exchange, gift, certificate of sale, deed of partition or power of attorney to sell immovable property when given for consideration, deed of settlement or transfer of lease by way of assignment 10 [and also any other instruments mentioned in SCHEDULE I chargeable with duty on the basis of market value of the property], presented for registration under the provisions of Registration Act, 1908 , shall be accompanied by a true copy thereof:

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

2 (2) Any registering officer receivi

S.32B Appeal

1 [ 32B. Appeal

(1) Any person aggrieved by any order determining the market value under sub-section (3) of section 31 or under section 32A or any order imposing any penalty under section 32A may, within sixty days from the date of receipt of such order, by an application in writing (accompanied by such fee not exceeding three hundred rupees as the State Government may, from time to time, by notification in the Official Gazette, specify; and different rates of fees may be specified for different areas), file an appeal against such order, to the 2 [Additional Controller of Stamps, Mumbai in respect of the property, which is the subject matter of the instrument, is situated in Mumbai City and Mumbai Suburban Districts and in respect of the properties situated in the other parts to the] Deputy Inspector General of Registration and Deputy Controller of Stamps, who shall after considering the same, pass such order thereon as he thinks just and proper; and th

S.32C Revision

1 [Subject to the provisions of 2 [sections 32B and 53B] and any rules which may be made in this behalf by the State Government, the Chief Controlling Revenue Authority may, suo moto, call for and examine the record of any order passed (including an order passed in appeal) under this Act or the rules made thereunder, by any officer and pass such order thereon as he thinks just and proper; and the order so passed shall be final and shall not be called in question in any Court or before any authority:

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

Provided further that, no order shall be passed under this section which adversely affects any person, unless suc

S.33