Act No. XL of 1977
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(1) Where an instrument (not being a promissory note or bill of exchange)—
(2) A release or discharge of any such instrument shall only be chargeable with the like duty.
Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, where being or constituting a charge or incumbrances upon the property or not, such debt, money or stock is to be deemed 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 No. 16] of Schedule I.
Explanation.—In the case of a sale of property 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 deemed to be part of the consideration for the sale :
Provided that, where property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable
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,—
Where the amount or 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 of value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient:
Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be subject to the provisions of section 26-A, sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty,—
Where an instrument of a mining lease is made chargeable with duty under section 26 or on the basis of dead rent set forth in the instrument at the time of its execution, the Collector may suo motu, within five years from the date of registration of the instrument of lease, call for and examine the instrument for the purpose of satisfying himself as to the correctness of the amount or value of the royalty or share of produce estimated and the duty paid thereon and if, after such examination he finds that the amount or value of the royalty or share of produce received is more than the amount or value on the basis of which stamp duty was paid at the time of execution of the lease, he shall re-assess the amount or value of the royalty or share and the duty payable thereon in respect of the lease taking into account the amount or value of royalty or share actually paid during the period and, having regard to all the circumstances of the case and after giving the parties a reasonable op
(1) The consideration, if any, the market value and all other facts affecting the chargeability of any instrument with duty, or the amount of duty with which it is chargeable, shall be fully and truly set forth therein.
(2) In the case of instruments relating to immovable property chargeable with an ad valorem duty on the market value of the property, and not on the value set forth, the instrument shall fully and truly set forth the annual land revenue, the annual rental or gross assets, as the case may be, the local rates, municipal or other taxes, if any, to which such property is subject to and any other particulars which may be prescribed by rules made under this Act.
(3) A registering officer appointed under section 6 of the Registration Act, 1908 (16 of 1908) or any other officer authorised in this behalf may inspect, take photographs and measurement of the property, which is the subject matter of such instrument, in order to satisfy that the provisions of this
Subject to rules made, in this behalf, the Government of the Union territory of Jammu and Kashmir may fix and revise periodically the market value guidelines of lands, buildings and various kinds of interests in immovable property situated in the Union territory of Jammu and Kashmir for the purpose of determining the duty chargeable at the time of registration and for making reference to the Collector under section 47-A, of instruments involving immovable properties.
(1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separated parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit:
Provided that distinct market value of 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 market value of each such part.
(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 to 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 market value of the property relating to such distinct part of the consideration therein sp
In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne––
Any person receiving any money exceeding one hundred rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding one hundred rupees, or receiving in satisfaction or part satisfaction of a debt any movable property exceeding one hundred rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same.
Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.
(1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that office as to the duty (if any) with which it is chargeable, and pays a fee of one hundred rupees, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable.
(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed up to any such application until such abstract and evidence have been furnished accordingly.
(3) When an instrument so brought to the Collector under sub section (1) relates to a transaction of immovable
(1) When an instrument brought to the Collector under section 31, is, in his opinion, one of a description chargeable with duty, and––
the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.
(3) Subject to the provisions of Chapter VI, any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable
(1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police or any other officer empowered by law to investigate offences, before whom any instrument, chargeable in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same.
(2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in the Union territory of Jammu and Kashmir when such instrument was executed or first executed:
Provided that––
Where any receipt chargeable with a duty of one rupee is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion instead, of impounding the instrument, require a duly stamped receipt to be substituted thereof.
No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped or if the instrument is written on sheet of paper with impressed stamp, such stamp paper is purchased in the name of one of the parties to the instrument:
Provided that—
Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.
The Government of the Union territory of Jammu and Kashmir may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
(1) When the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf.
(2) In every other case, the person so impounding an instruments shall send in original to the Collector.
(1) When a copy of an instrument has been impounded only because it has been written in contravention of section 13 or section 14 or section 14-A, the Collector may refund the whole penalty so paid.
(1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under sub-section (2) of section 38, he shall adopt the following procedure:––
If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of one rupee only or a bill of exchange or promissory note, or acknowledgement, is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not only duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next hereinafter prescribed.
(1) When the duty and penalty (if any) leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them.
(2) Subject to the provisions of Chapter VI, every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct:
Provided that––
The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the Stamps-law in respect of such instrument:
Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty.
(1) When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to-which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall b
(1) Where any penalty is paid under section 35 or section 40, the Commissioner of Stamps may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part.
(2) Where, in the opinion of the Commissioner of Stamps, stamp duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40 or section 47-A, such authority may, upon application in writing made within one year of the order charging the same, or six months from the date of order allowing the refund, whichever is later, refund the excess.
(1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first mentioned person and authenticated by the person impounding such instrument.
When any bill of exchange or promissory note chargeable with the duty of ten rupees is presented for payment unstamped, the person to whom it is so presented may affix there to the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill or note, and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill or note shall, so far as respects the duty, be deemed good and valid:
Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill or note.
(1) If the registering officer appointed under section 6 of the Registration Act, 1908 (16 of 1908), while registering any instrument, on which stamp duty is chargeable on the market value of the subject matter property, finds that the market value of the said property as set forth in such instrument is less than the market value guidelines referred to in section 27-A, he shall, before registering such instrument refer the same to the Collector for determination of market value of such property and the proper duty payable thereon.
(2) Where the market value as set forth in the instrument is not less than the market value guidelines referred to in section 27-A but the Registering Officer has reason to believe that the market value has not been truly set forth in the instrument, he shall register such instrument and thereafter refer the same to the Collector for determination of market value of such property and proper duty payable thereon.
(3) On receipt of a reference
(1) All duties, penalties and other sums required to be paid under this chapter shall be recoverable as an arrear of land revenue from the property of the person from whom the same are due.
(2) All duties, penalties and other sums required to be paid under this chapter shall be a charge on the property which is the subject matter of the instrument:
Provided that the provisions of sub-section (2) shall be deemed to apply to cases which are pending recovery and to proceedings under sub-section (1) which have already been initiated.
(3) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), a note of such charge and its extinguishment shall be made in the indices prescribed therein and shall be deemed to be a notice under the said Act.
Subject to such rules as may be made by the Government of the Union territory of Jammu and Kashmir as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50 and if he is satisfied as to the facts, make allowance for stamps spoiled in the cases hereinafter mentioned, namely:—
The application for relief under section 49 shall be made within the following periods, that is to say,––
Provided that,—
The Commissioner of Stamps or the Collector if empowered by the Commissioner of Stamps in this behalf may, without limit of time, make allowance for stamped papers used for printed forms of instruments by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said banker, company or body corporate; provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.
(1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973 (2 of 1974) makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp or upon payment of duty and a penalty under section 35, the Court to which appeals lie from, or reference are made by, such first mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration.
(2) If such Court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument the
(1) Any person who, with the intention to evade the duty, executes or signs otherwise than as a witness any instrument chargeable with duty without the same being duly stamped shall be punished with imprisonment for a term which shall not be less than one month but which may extend to six months or with fine which may extend to ten thousand rupees or with both:
Provided that when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a security as defined under clause (h) of section 2 of the Securities Contract (Regulation) Act, 1956 (Central Act 42 of 1956), is issued without being duly stamped, the company issuing the same and also every person, who, at the time when it is issued, is the Managing Director, secretary or other pri
(1) Any person who,—
shall be punishable with fine which shall not be less than one lakh rupees, but which may extend upto one per cent, of the collection or transfer so defaulted.
(2) Any person who,—
shall be punishable with fine of one lakh rupees for each day during which such failures continues or one crore rupees, whicheve
Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to ten thousand rupees.
Any person who, with intent to defraud the Government of the Union territory of Jammu and Kashmir,—
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years or with a fine which may extend to fifty thousand rupees or with both.
(1) Where any person chargeable to duty under this Act is convicted of an offence under section 64 in respect of any instrument, the Court convicting such person shall in addition to executing the punishment which may be imposed for such offence recover and pay to the Collector amount of duty, if any due under this Act from such person in respect of the instrument, and the Collector shall thereupon certify by endorsement on the instrument that proper duty with which it is chargeable has been paid:
Provided that if such person has paid any amount towards the duty chargeable under this Act in respect of the instrument in relation to which he has been convicted under this section, the Court shall recover only the difference to make up the amount of such chargeable duty.
(2) The amount recoverable under sub-section (1) shall be recovered by the Court as if it were a fine under the Code of Criminal Procedure, 1973 (2 of 1974).
Any person who,—
shall be punishable with fine which may extend to five times the amont of stamp duty or one thousand rupees, whichever is higher.
Any person who,—
shall be punishable with fine which may extend to two thousand rupees.
Any person who,—
shall be punishable with fine which may extend to five thousand rupees.
(a) Any person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a two rupees and one rupee adhesive stamps);
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
(1) No prosecution in respect of any offence punishable under this Act or the law relating to stamps heretofore in force shall be instituted without the sanction of the Collector or such other officer as the Government of the Union territory of Jammu and Kashmir generally, or the Collector specially, authorises in that behalf.
(2) The Government of the Union territory of Jammu and Kashmir or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence.
(3) the amount of any such composition shall be recoverable in the manner provided by section 48.
Every such offence committed in respect of any instrument may be tried in any district in which such instrument is found as well as in any district in which such offence might be tried under the Code of Criminal Procedure, 1973 (2 of 1974) for the time being in force.
Every public officer having in his custody any registers, books, records (electronic or otherwise), papers, documents or proceedings, the inspection whereof may tend to secure any duty, prove or lead to the discovery of any fraud or omission in relation to any duty, shall, at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents, records (electronic or otherwise) and proceedings and to take such notes and extracts as he may deem necessary, without fee or charge and, if necessary, to seize and impound them under section 33.
(1) The Collector may, for the purpose of this Act, require any trading member of any stock exchange or any association as defined in clause (a) of section 2 of the Forward Contract (Regulation) Act, 1952 (Central Act) or any organization, institute, company or association or any person liable to pay duty under any article of the Schedule–I, to submit a statement or return or to furnish any
The content appearing at the start of this document is a continuation of a previous section.
(2) Where any trading member, organization, institute, company or association or any other person fails to submit a statement or return or information as required under sub-section (1) within the prescribed time, the Collector may, without prejudice to any other action which is liable to be taken against such person under any other provisions of this Act, after giving an opportunity of being heard, impose on such person a penalty of a sum not exceeding rupees five thousand for such default.
74. Power to make rules. (1) The [Government of the Union territory of Jammu and Kashmir] may, by notification in the [Official Gazette], make rules to carry out generally the purposes of this Act, and such rules may provide that a breach thereof shall, on conviction, be punished with fine not exceeding five thousand rupees.
(2) Without prejudice to the generality of the powers confe
[The Government of the Union territory of Jammu and Kashmir] may by notification in the [Official Gazette] delegate [all or any of the powers vested in it [under sub-section (3) of section 33, section 45, sub-section (1) of section 56, sub-sections (1) and (2) of section 70 and section 74] to such officer or authority as may be specified in the notification.
Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court fees.
| Article | Description of Instrument | Proper stamp duty |
|---|---|---|
| 1 | ACKNOWLEDGMENT, of a debt exceeding five thousand rupees in amount or value, executed by or on behalf of debtor in any book (other than a bankers pass book) or on a separate piece of paper when such book or paper is left in the creditors possession. | Ten rupees. |
| 2 | ADMINISTRATION BOND, including a bond given under section 78 of the Probate and Administration Act, or and section 9 or section 10 of the Succession Certificate Act. | Five hundred rupees. |
| 3 | ADOPTION DEED, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer an authority to adopt. | Five hundred rupees. |
| 4 | AFFIDAVIT, that is to say, a statement in writing purporting to be a statement of fact, signed by the person making it and confirmed by him on |
| Description | Proper Stamp Duty |
|---|---|
| SHIPPING ORDER, for or relating to the conveyance of goods on board of any vessel. | Ten rupees. |
| Description | Proper Stamp Duty |
|---|---|
|
SURRENDER OF LEASE, Explanation :For the purposes of this article it is immaterial that the surrender of the lease is only as regards the unexpired part of the term, or is with regard to only a portion of the property. Exemption : Surrender of lease, when such lease is exempted from duty. |
Five hundred rupees. |
| Description | Proper Stamp Duty |
|---|---|
|
TRANSFER (whether with or without consideration) 1 [x x x x] (c) of any interest secured by a bond, mortgage deed or policy of insurance ; Exemption : Transfers by endorsement
1. Items (a) and (b) and the entries relating thereto omitted by S.O. 3808(E) dated 26.10.2020. |
The same duty as a Bond (No. 13) for such amount of value of the interest subject to a maximum of five hundred rupees. |
| Description | Proper Stamp Duty |
|---|---|
|
TRANSFER OF LEASE, by way of assignment and not by way of under lease. ExplanationIn case of assignment of a mining lease, the market value shall be equal to the amount or value calculated under article 29 depending upon the period of the lease assigned. Exemption : Transfer of any lease exempt from duty. |
The same duty as a conveyance (No. 18) on the market value of the property which is the subject matter of the transfer. |
| Description | Proper Stamp Duty |
|---|---|
|
TRUST A. DECLARATION OF, or concerning any property when made by any writing not being a will (a) where there is disposition of property ; (b) in any other case. B. REVOCATION OF, or concerning any property when made by any instrument other than a will. |
Two per cent of the market value of the property settled. Five hundred rupees. Five hundred rupees. |
| Description | Proper Stamp Duty |
|---|---|
| WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assigns or the holder thereof to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be. | Ten rupees. |
| Description | Proper Stamp Duty |
|---|---|
| Entry as an Advocate of the High Court. | One thousnad rupees. |
Omitted.
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