1958 : LX] 1 THE MAHARASHTRA STAMP ACT [Text as on 8th April 2025] ————— CONTENTS PREAMBLE. SECTIONS.
CHAPTER I PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II STAMP DUTIES (A) Of the Liability of Instruments to Duty.
3. Instruments chargeable with duty.
4. Several instruments used in single transaction of development agreement, sale, lease, mortgage or settlement.
5. Instruments relating to several distinct matters or transactions.
6. Instruments coming within several descriptions in Schedule-I.
7. Payment of higher duty in respect of certain instruments.
8. Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law.
9. Power to reduce, remit or compound duties. (B) Of Stamps and mode of using them.
10. Duties how to be paid.
10A. Duties to be paid in cash, by demand draft or by pay order by Government Controlled bodies, Insurance Companies and Banks.
10B. Stock exchange, etc., to deduct stamp duty from trading member’s account.
10C. Duties to be paid in cash, or by demand draft or by pay order by notary.
10D. Certain Departments, Organisations, Institutions, etc., to ensure payment of stamp duty.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamp.
14A. Alterations in instruments how to be charged.
15. Instruments written contrary to sections 13, 14 or 14A deemed not duly stamped.
16. Denoting duty. (C) Of the time of stamping Instruments.
17. Instruments executed in State. 2 The Maharashtra Stamp Act [1958 : LX
18. Instruments executed out of State.
19. Payment of duty on certain instruments or copies thereof liable to be increased duty in Maharashtra State. (D) Of Valuations for Duty.
20. Conversion of amount expressed in foreign currencies.
21. Stock and Marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
24. Certain instruments connected with mortgage of marketable securities to be chargeable as agreements.
25. How transfers in consideration of debt or subject to future payments, etc., to be charged.
26. Valuation in case of annuity, etc.
27. Stamp where value of subject matter is indeterminate.
28. Facts affecting duty to be set forth in instrument.
29. Direction as to duty in case of certain conveyances. (E) Duty by whom payable.
30. Duties by whom payable.
30A. Duties payable by financial institution.
CHAPTER III ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamps.
32. Certificate by Collector.
32A. Instrument of conveyance, etc., undervalued how to be dealt with.
32B. Appeal.
32C. Revision.
CHAPTER IV INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
33A. Impounding of Instruments after registration.
34. Instruments not duly stamped inadmissible in evidence, etc.
35. Admission of instrument where not to be questioned.
36. Admission of improperly stamped instruments.
37. Instruments impounded how dealt with.
38. Deleted.
39. Collector’s power to stamp instruments impounded.
40. Instruments unduly stamped by accident. 1958 : LX] The Maharashtra Stamp Act 3
41. Endorsement of instruments on which duty has been paid under sections 34, 39 or 40.
42. Prosecution for offence against stamp law.
43. Persons paying duty or penalty may recover same in certain cases.
44. Power to Revenue Authority to refund penalty or excess duty in certain cases.
45. Non-liability for loss of instruments sent under section 37.
46. Recovery of duties and penalties.
CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES
47. Allowance for spoiled stamps.
48. Application for relief order under section 47 when to be made.
49. Allowance in case of printed forms no longer required by Corporations.
50. Allowance for misused stamps.
51. Allowance for spoiled or misused stamps how to be made.
52. Allowance for stamps not required for use.
52A. Allowance for duty.
52B. Invalidation of stamps and saving.
CHAPTER VI REFERENCE, REVISION AND APPEAL
53. Control of and statement of case to Chief Controlling Revenue Authority.
53A. Revision of Collector’s decision under sections 32, 39 and 41.
54. Statement of case by Chief Controlling Revenue Authority to High Court.
55. Power of High Court to call for further particulars as to case stated.
56. Procedure in disposing of case stated.
57. Statement of case by other Courts to High Court.
58. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII OFFENCE AND PROCEDURE
59. Penalty for executing, etc., instrument not duly stamped.
59A. No prosecution under section 59, if instrument admitted by Court.
60. Penalty for making false declaration on clearance list.
61. Penalty for failure to cancel adhesive stamp.
62. Penalty for omission to comply with provisions of section 28.
63. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
63A. Non-remittance of stamps duty within prescribed time to be offence.
64. Institution and conduct of prosecutions.
65. Deleted.
66. Place of trial. 4 The Maharashtra Stamp Act [1958 : LX
CHAPTER VIII SUPPLEMENTAL PROVISIONS
67. Books, etc., to be open to inspection.
67A. Obligation to furnish information.
68. Powers to inspect and call for information.
68A. Prevention or obstruction of an officer to be an offence.
69. Power to make rules.
70. Rounding off of fraction in duty payable or allowance to be made.
71. Deleted.
72. Delegation of certain powers.
73. Saving as court-fees.
73A. Deleted.
73B. Deleted.
74. Act not applicable to rates of stamp duty on bills of exchange, etc.
75. Act to be translated and sold cheaply.
76. Repeal of enactments.
SCHEDULE I
SCHEDULE II 1958 : LX] The Maharashtra Stamp Act 5 LIST OF AMENDEMENT ACTS
1. Amended by Bom. 95 of 1958
2. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. Amended by Mah. 10 of 1960
4. Amended by Mah. 31 of 1962
5. Amended by Mah. 10 of 1965
6. Amended by Mah. 29 of 1972
7. Amended by Mah. 13 of 1974 (1-5-1974)
8. Amended by Mah. 16 of 1979 (4-7-1980)
9. Amended by Mah. 27 of 1985 (10-12-1985)
10. Amended by Mah. 9 of 1988
11. Amended by Mah. 27 of 19881 (29-8-1988)
12. Amended by Mah. 1 of 1989 (6-1-1989)
13. Amended by Mah. 18 of 1989 (1-12-1989)
14. Amended by Mah. 9 of 19902 (7-2-1990)
15. Amended by Mah. 17 of 1993 (1-5-1993)
16. Amended by Mah. 20 of 19943 (28-2-1994)
17. Amended by Mah. 29 of 1994 (1-5-1994)
18. Amended by Mah. 38 of 1994 (17-8-1994)
19. Amended by Mah. 12 of 19954 (8-6-1995)
20. Amended by Mah. 16 of 1995 (1-9-1995)
21. Amended by Mah. 9 of 19975 (15-9-1996) 1 Maharashtra Ordinance No. 6 of 1988 was repealed by Mah. 27 of 1988, s. 3(1). 2 Maharashtra Ordinance No. 2 of 1990 was repealed by Mah. 9 of 1990, s. 4(1). 3 Maharashtra Ordinance No. 5 of 1994 was repealed by Mah. 20 of 1994, s. 4. 4 Maharashtra Ordinance No. 8 of 1995 was repealed by Mah. 12 of 1995, s. 15. 5 Maharashtra Ordinance No. 12 of 1995 was repealed by Mah. 9 of 1997, s. 48.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 6 The Maharashtra Stamp Act [1958 : LX
22. Amended by Mah. 30 of 19971 (15-5-1997)
23. Amended by Mah. 21 of 19982 (1-5-1998)
24. Amended by Mah. 1 of 2002 (1-1-2000)
25. Amended by Mah. 22 of 2001 (1-5-2001)
26. Amended by Mah. 20 of 2002 (1-5-2002)
27. Amended by Mah. 8 of 2003 (29-3-2003)
28. Amended by Mah. 10 of 20033 (3-2-2003)
29. Amended by Mah. 16 of 20034 (1-5-2003)
30. Amended by Mah. 13 of 2004, sec.1 (29-6-2004)
31. Amended by Mah. 13 of 2004, sec.2 to 6 (1-7-2004)
32. Amended by Mah. 32 of 20055 (7-5-2005)
33. Amended by Mah. 12 of 20066 (1-5-2006)
34. Amended by Mah. 16 of 20087 (5-6-2008)
35. Amended by Mah. 17 of 2009
36. Amended by Mah. 5 of 2010
37. Amended by Mah. 15 of 2011 (16-9-2011)
38. Amended by Mah. 41 of 20118 (28-11-2011)
39. Amended by Mah. 8 of 2012
40. Amended by Mah. 24 of 2012 (22-8-2012) 1 Section 9 of Mah. 30 of 1997 reads as under :— “9. Validation of duty levied and collected.— (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary or in the Stamp Act, stamp duty assessed, levied and collected including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in the Schedule I to the Stamp Act shall be deemed to have been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Tax Laws (Levy, Amendment and Validation) Act, 1997 (Mah. XXX of 1997), had been continuously in force at all material time and accordingly,—
(a) all actions, proceedings or things done or taken by the authorities under the Stamp Act in connection with the levy and collection of the stamp duty shall for all purpose, be deemed to have been done or taken in accordance with the provisions of the said Act ;
(b) no suit or other proceedings shall be maintainable or continued in any court, against the said authorities for the refund of the stamp duty so levied and collected ;
(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected.
(2) for the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the Stamp Act as amended by this Amendment Act, any assessment, re-assessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund to any stamp duty paid by him under the Stamp Act, in excess of the amount due from him by way of stamp duty under the said Act, as amended by this Amendment Act.” 2 Maharashtra Ordinance No. 6 of 1998 was repealed by Mah. 21 of 1998, s. 30. 3 Maharashtra Ordinance No. 1 of 2003 was repealed by Mah. X of 2003, s. 4. 4 Mah. Act 16 of 2003 came into force with effect from 1st May 2003, vide Maharashtra Government Gazette, Part IV-B, page 105. 5 Maharashtra Ordinance No. 2 of 2005 was repealed by Mah. XXXII of 2005, s. 6. 6 Mah. Act 12 of 2006 came into force with effect from 1st May 2006, vide Maharashtra Government Gazette, Part IV-B, (Extra.), dated 2nd May 2006, p. 667. 7 This Act come into force w.e.f. 5th June 2008 vide, G.N., R & F.D., No. Mudrank 2007/2797/CR.434/M-1, dated 31st May 2008. 8 Maharashtra Ordinance No. XXII of 2011 was repealed by Mah. 41 of 2011, s. 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 1958 : LX] The Maharashtra Stamp Act 7
41. Amended by Mah. 8 of 2013 1(1-5-2013)
42. Amended by Mah. 27 of 2014 (1-7-2014)
43. Amended by Mah. 20 of 2015 (24-4-2015)
44. Amended by Mah. 8 of 2016 (29-4-2016)
45. Amended by Mah. 47 of 2017 (19-8-2017)
46. Amended by Mah. 59 of 2017 (7-9-2017)
47. Amended by Mah. 5 of 20182, 3 (15-12-2016)
48. Amended by Mah. 21 of 20194, 5 (13-2-2019)
49. Amended by Mah. 3 of 20216 (9-2-2021)
50. Amended by Mah. 7 of 2022 (20-10-2022) 1 Mah. Act 8 of 2013 came into force with effect from 1st May 2013 vide G.N., F.D., No. VAT 15B/C. R. 57/ Taxation-1, dated the 25th April 2013. 2 Maharashtra Ordinance No. 26 of 2017 was repealed Mah. V of 2018, s. 5. 3 Section 4 of Mah. V of 2018 read as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in the Schedule I to the principal Act shall be deemed to have been validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Stamp (Amendment and Validation) Act, 2017 (Mah. V of 2018) (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material time and accordingly,—
(a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the levy and collection of the stamp duty shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the said Act;
(b) no suit or other proceedings shall be maintainable or continued in any court, against the said authorities for the refund of the stamp duty so levied and collected;
(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected.
(2) For the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act, any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of stamp duty under the principal Act, as amended by the Amendment Act. 4 Maharashtra Ordinance No. 7 of 2019 was repealed Mah. XXI of 2019, s. 5. 5 Section 4 of Mah. 21 of 2019 read as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary or in the principal Act, reduction or remission in the duties or penalty or both, granted under clause (a) of section 9 of the principal Act including any action taken in pursuance of such reduction or remission by the authorities under the said Act, acting or purporting to act under the provisions of the principal Act, shall be deemed to have been validly granted in accordance with law as if the provisions of clause (a) of Section 9 of the principal Act as amended by the Maharashtra Stamp (Amendment and Validation) (Continuance) Act, 2019 (Mah. XXI of 2019) (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material times and accordingly,—
(a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the reduction or remission of the duty or penalty or both shall for all purposes, be deemed to have been done or taken in accordance with the provisions of the principal Act;
(b) no suit or other proceedings shall be maintainable or continue in any court, against the said authorities for the remission or reduction granted in respect of the duties or penalty or both.
(2) for the removal of doubt, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the principal Act, as amended by the Amendment Act, any assessment, re-assessment, levy or collection of stamp duty or penalty or both, referred to in sub-section (1) of this section; or
(b) from claiming refund to any stamp duty paid by him under the principal Act, in excess of the amount due from him by way of duties or penalty or both under the principal Act, as amended by the Amendment Act. 6 Maharashtra Ordinance No. 1 of 2021 was repealed Mah. III of 2021, s. 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 8 The Maharashtra Stamp Act [1958 : LX
51. Amended by Mah. 8 of 20221 (5-8-2016)
52. Amended by Mah. 32 of 2022 (7-4-2022)
53. Amended by Mah. 32 of 2024 (31-7-2024)
54. Amended by Mah. 9 of 20252 (14-10-2024)
55. Amended by Mah. 20 of 2025 (1-4-2025) 1 Section 4 of Mah. 8 of 2022 reads as under :—
4. Validation.— (1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary or in the principal Act, stamp duty assessed, levied and collected, including any action taken in pursuance of such assessment, levy and collection by the authorities under the said Act, acting or purporting to act under the provisions of article 25 in Schedule I of the principal Act, shall be deemed to have validly levied and collected in accordance with law as if the provisions of the said article 25, as amended by the Maharashtra Stamp (Second Amendment and Validation) Act, 2021 (Mah. VIII of 2022) (hereinafter in this section referred to as “the Amendment Act”) had been continuously in force at all material time and accordingly,—
(a) all actions, proceedings or things done or taken by the authorities under the principal Act in connection with the levy and collection of the stamp duty shall for all purpose, be deemed to have been done or taken in accordance with the provisions of the principal Act;
(b) No suit or other proceedings shall be maintainable or continued in any court, against the said authorities for the refund of the stamp duty so levied and collected;
(c) no court or any other authority shall enforce any decree or order directing the refund of the stamp duty so levied or collected.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the principal Act as amended by the Amendment Act, any assessment, reassessment, levy or collection of stamp duty referred to in sub-section (1), or
(b) from claiming refund of any stamp duty paid by him under the principal Act, in excess of the amount due form him by way of stamp duty under the principal Act, as amended by the Amendment Act. 2 Maharashtra Ordinance No. 12 of 2024 was repealed Mah. IX of 2025, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 1958 : LX] The Maharashtra Stamp Act 9 BOMBAY ACT No. LX OF 19581 [THE MAHARASHTRA STAMP ACT.] [This Act received the assent of the President on 4th June 1958; and assent was first published, in the Bombay Government Gazette, Part IV, on the 11th June 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 to the Constitution of India in the State of Bombay; It is hereby enacted in the Ninth Year of the Republic of India as follows :—
CHAPTER I PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the 2[the Maharashtra Stamp Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It shall come into force on such date4 as the State Government may, by notification in the Official Gazette, direct.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,— 5[(aa) “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;]
(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; 6[(b) “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 himself to pay money to another, on condition that obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and
(iii) any instrument so attested whereby a person, obliges himself to deliver grain or other agricultural produce to another; 7[Explanation.— Notwithstanding anything contained in any law for the time being in force, for the purposes of this clause, “attested”, in relation to an instrument, means attested by one or more witnesses each of whom has seen the executant sign or affix his mark to the 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extra. Part V, p. 122. 2 The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. Entry 67, w.e.f. 1st May 1960. 3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption of Laws (State and Concurrent Subjects) Order, 1960. 4 This Act came into force w.e.f. 16th February 1959, vide G.N., R.D., No. STP. 1507 IR, dated 4-2-1959, B.G.G., Part IV-B, p. 191. 5 Clause (aa) was inserted by Mah. 20 of 2015, s. 2. 6 Clause (b) was substituted for the original by Mah. 27 of 1985, s. 2(a). 7 This Explanation was added Mah. 27 of 1985, s. 2(b). 10 The Maharashtra Stamp Act [1958 : LX instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;]
(d) “chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act and as applied to any other instruments, chargeable under the law in force in the State when such instrument was executed or, where several persons executed the instrument at different times, first executed; 1[(dd) “Chief Controlling Revenue Authority” means such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf for the whole or any part of the 2[State of Maharashtra];]
(e) “clearance list” means a list of transactions relating to contracts required to be submitted to the clearing house of an association in accordance with the rules or bye-laws of the association:
Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by properly constituted attorney, namely :— “I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transaction 3[including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye-laws of the association]. I/We further declare that no transaction for which an exemption is claimed under Article 5 or Article 43 in Schedule I to 4the Bombay Stamp Act, 1958 (Bom. LX of 1958), as the case may be, is omitted.”
Explanation.— Transaction for the purpose for this clause shall include both sale and purchase;
(f) “Collector” means 5* * * * * the Chief Officer in charge of the revenue administration of a district, and includes any officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf; 6[and on whom any or all the powers of the Collector under this Act are conferred by the same notification or any other like notification;] 7[(g) “Conveyance” includes,—
(i) a conveyance on sale,
(ii) every instrument, 8***
(iii) every decree or final order of any Civil Court, 9[(iv) every order made by the High Court under section 394 of the Companies Act, 1956 (1 of 1956) or every order made by the National Company Law Tribunal under sections 230 to 234 of the Companies Act, 2013 (18 of 2013) or every confirmation issued by the Central Government under sub-section (3) of section 233 of the Companies Act, 2013 (18 of 2013), in respect of the amalgamation, merger, demerger, arrangement or 1 Clause (dd) was inserted by Bom. 95 of 1958, s. 2. 2 These words were substituted for the words “State of Bombay” by the Maharashtra Adaption of Laws (State and Concurrent Subjects) Order, 1960. 3 This portion was substituted for the portion beginning with the words “and that it” and ending with the words “of the association” by Mah. 10 of 1965, s. 2. 4 The short title was amended for “the Bombay Stamp Act, 1958” by Mah. 24 of 2012, Sch. entry 67 w.e.f. 1st May 1960. 5 The words “in Greater Bombay the Collector of Bombay and elsewhere” were deleted by Mah. 9 of 1988, s. 32(a). 6 These words were added by Mah. 9 of 1988, s. 32(b). 7 Clause (g) was substituted for the original by Mah. 27 of 1985, s. 2(c). 8 The word “and” was deleted by Mah. 17 of 1993, s. 28 (a)(i). 9 Sub-clause (iv) was substituted by Mah. 5 of 2018, s. 2. 1958 : LX] The Maharashtra Stamp Act 11 reconstruction of companies (including subsidiaries of parent company); and every order of the Reserve Bank of India under section 44A of the Banking Regulation Act, 1949 (10 of 1949) in respect of amalgamation or reconstruction of Banking Companies 1[and every order made by the Board for Industrial and Financial Reconstruction under section 18 or 19 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), in respect of sanction of Scheme specified therein or every order made by the National Company Law Tribunal under section 31 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), in respect of approval of resolution plan;] by which property, whether moveable or immoveable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos and which is not otherwise specifically provided for by Schedule I;
Explanation.— An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an instrument by which property is transferred inter vivos;] 2[(ga) “Deputy Inspector General of Registration and Deputy Controller of Stamps” means the officer or officers 3[so designated by the State Government may, by notification in the Official Gazette, appoint in this behalf;]
(h) “duly stamped” as applied to an instrument means that the instrument bears and adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the state;
(i) “executed” and “execution” used with reference to instruments, mean “signed” and “signature”; 4[Explanation.— The terms “signed” and “signature” also include attribution of electronic record as per section 11 of the Information Technology Act, 2000 (21 of 2000);]
(j) “Government securities” means a Government security as defined in the Public Debt Act, 1944 (XVIII of 1944); 5[(ja) “immoveable property” includes land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;]
(k) “impressed stamp” includes,—
(i) labels affixed and impressed by the proper officer;
(ii) stamps embossed or engraved on stamped paper; 6[(iii) impression by franking machine;
(iv) impression by any such machine as the State Government may, by notification in the Official Gazette, specify;] 7[(v) receipt of e-payment;]
(l) “instrument” includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt; 1 This portion was inserted by Mah. 8 of 2022, s. 2. 2 Clause (ga) was inserted by Mah. 13 of 2004, s. 2. 3 These words were substituted for the original by Mah. 12 of 2006, s. 2. 4 The Explanation was added by Mah. 32 of 2005, s. 2(1). 5 Clause (ja) was inserted by Mah. 27 of 1985, s. 2(d). 6 Sub-clauses (iii) and (iv) were added by Mah. 20 of 1994, s. 2. 7 Sub-clause (v) was added by Mah. 41 of 2011, s. 2. 12 The Maharashtra Stamp Act [1958 : LX 1[Explanation.— The term “document” also includes any electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);] 2[(la) “instrument of gift” includes, where the gift is of any moveable 3[or immoveable] property but has not been made in writing, any instrument recording whether by way of declaration or otherwise the making or acceptance of such oral gift;]
(m) “instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty and includes,—
(i) a final order for effecting a partition passed by any revenue authority or any civil court,
(ii) an award by an arbitrator directing a partition, and
(iii) when any partition is effected without executing any such instrument, any instrument or instruments signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners;
(n) “lease” means a lease of immovable property, 4[or moveable (or both)] and includes also,—
(i) a Patta;
(ii) a Kabulayat, or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy or pay or deliver rent for immovable property;
(iii) any instrument by which tolls of any description are let;
(iv) any writing on an application for a lease intended to signify that the application is granted; 5[(v) a decree or final order of any Civil Court in respect of lease:
Provided that, where subsequently an instrument of lease is executed in pursuance of such decree or order, the stamp duty, if any, already paid and recovered on such decree or order shall be adjusted towards the total duty leviable on such instrument;] 6[(na) “market value” in relation to any property which is the subject matter of an instrument, means the price which such property would have fetched if sold in open market on the date of execution of such instrument] 7[or the consideration stated in the instrument, whichever is higher];
(o) “marketable security” means a security of such description as to be capable of being sold in any stock market in India, 8* * *;
(p) “mortgage deed” includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers or creates to, or in favour of, another, a right over or in respect of specified property; 9[(pa) “moveable property” includes standing timber, growing crops and grass, fruit upon and juice in trees and property of every other description, except immoveable property, by which 1 This Explanation was added by Mah. 32 of 2005, s. 2(2). 2 Clause (la) was inserted by Mah. 31 of 1962, s. 2. 3 These words were inserted by Mah. 13 of 1974, s. 2. 4 These words were inserted by Mah. 17 of 1993, s. 28(b)(i). 5 Sub-clause (v) was inserted by Mah. 17 of 1993, s. 28(b)(ii). 6 Clause (na) was inserted by Mah. 16 of 1979, s. 2. 7 This portion was added by Mah. 27 of 1985, s. 2(e). 8 The words “or in the United Kingdom” were deleted by Mah. 27 of 1985, s. 2(f). 9 Clause (pa) was inserted by Mah. 17 of 1993, s. 28(c). 1958 : LX] The Maharashtra Stamp Act 13 any right or liability is or is purported to be created, transferred, limited, extended, extinguished or recorded;]
(q) “paper” includes vellum, parchment or any other material on which an instrument may be written;
(r) “power of attorney” includes any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it 1[and includes an instrument by which a person, not being a person who is a legal practitioner, is authorised to appear on behalf of any party in any proceeding before any court, Tribunal or authority]; 2[(ra) “public officer” means a public officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908 (V of 1908);]
(s) “Schedule” means a Schedule appended to this Act;
(t) “settlement” means any non-testamentary disposition in writing of movable or immovable property made,—
(i) in consideration of marriage,
(ii) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependant on him, or
(iii) for any religious or charitable purpose, and includes an agreement in writing to make such a disposition and where any such disposition has not been made in writing, any instrument recording whether by way of declaration of trust or otherwise, the terms of any such disposition;
(u) “soldier” includes any person below the rank of a non-commissioned officer who is enrolled under the Army Act, 1950 (XLVI of 1950).
CHAPTER II STAMPS DUTIES (A) Of the Liability of Instruments to Duty.
3. Instruments 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: 3[Provided that a copy or extract, whether certified to be a true copy or not and whether a facsimile image or otherwise of the original instrument on which stamp duty is chargeable under the provisions of this section, shall be chargeable with full stamp duty indicated in the Schedule I if the proper duty payable on such original instrument is not paid:] 4[Provided further that] no duty shall be chargeable in respect of—
(1) Any instrument executed by or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty 1 This portion was added by Mah. 27 of 1985, s. 2(g). 2 Clause (ra) was inserted by Mah. 27 of 1985, s. 2(h). 3 This proviso was inserted by Mah. 21 of 1998, s. 6(a). 4 These words were substituted for the words “provided that” by Mah. 21 of 1998, s. 6(b). 14 The Maharashtra Stamp Act [1958 : LX chargeable in respect of such instrument 1[or where the Government has undertaken to bear the expenses towards the payment of the duty.]
(2) Any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Bombay Coasting Vessels Act, 1838 (XIX of 1838), or 2[Merchant Shipping Act, 1958 (XLIV of 1958)].
4. Several instruments used in single transaction of 3[development agreement,] sale, 4[lease,] mortgage or settlement.— (1) Where, in the case of any 5[development agreement,] sale, 6[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, 7[development agreement,] 8[lease,] mortgage or settlement, and each of the other instruments shall be chargeable with a duty of 9[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. 10[(3) If the parties fail to determine the principal instrument between themselves, then the officer before whom the instrument is produced may, for the purposes of this section, determine the principal instrument:]
Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed. 11[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.]
6. Instruments coming within several descriptions in Schedule I.— Subjects 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 or such duties:
Provided that nothing in this Act contained shall render chargeable with duty exceeding 12[one hundred rupees] a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid.
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, 1 These words were added by Mah. 27 of 1985, s. 3(a). 2 These words and figures were substituted for the words and figures “Indian Registration of Ships Act, 1841” by Mah. 27 of 1985, s. 3(b). 3 These words were inserted by Mah. 32 of 2005, s. 3(2). 4 These words were inserted by Mah. 20 of 2015, s. 3(b). 5 These words were inserted by Mah. 32 of 2005, s. 3(1). 6 These words were inserted by Mah. 20 of 2015, s. 3(a). 7 These words were inserted by Mah. 32 of 2005, s. 3(1). 8 These words were inserted by Mah. 20 of 2015, s. 3(a). 9 These words were substituted for the words “one hundred rupees” by Mah. 20 of 2025, s. 2. 10 Sub-section (3) was inserted by Mah. 27 of 1985, s. 4(b). 11 This section shall be deemed to have been substituted w.e.f. 11th August 2015 by Mah. 3 of 2021, s. 2. 12 These words were substituted for the words “ten rupees” by Mah. 5 of 2010, s. 2. 1958 : LX] The Maharashtra Stamp Act 15 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 paid thereof:
Provided that any Court before which any such instrument, duplicate or copy is produced may permit the duty chargeable under this section to be paid thereon and may then receive it in evidence. 1[(3) The provisions of this Act and the rules made thereunder, in so far as they relate to the recovery of duties chargeable on instruments under section 3 shall, so far as may be, apply to the recovery of duties chargeable on a counterpart, duplicate or a copy of an instrument under sub-section (1).]
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 (IX of 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 duty of 2[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 local authority shall be liable to forfeit to the State Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which such neglect continues.
9. Power to reduce, remit or compound duties.— The State Government 3[, 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 4[duties or penalty, if any, 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 or 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. (B) Of Stamps and the mode of using them.
10. Duties how to be paid.— (1) Except as otherwise expressly provided in this Act, all duties with which any instrument are chargeable shall be paid, and such payment shall be indicated on such instruments, 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. 1 Sub-section (3) was added by Mah. 17 of 1993, s. 29. 2 These words were substituted for the words “one and half per centum” by Mah. 17 of 1993, s. 30. 3 These words were inserted by Mah. 27 of 1985, s. 6. 4 These words were substituted for the word “duties” by Mah. 21 of 2019, s. 2, w.e.f. 1-04-1994. 16 The Maharashtra Stamp Act [1958 : LX
(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 Stamps (Amendment) Act, 2003 (Mah. X of 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 Office in the State, or of the proper officer appointed by the Chief Controlling Revenue Authority, Superintendent of Stamps or Collector of Stamps in the State:
Provided that, the Chief Controlling Revenue Authority may, by notification in the Official Gazette, from the specified date, do away with such requirement.] 2[(2A) The Chief Controlling Revenue Authority may, subject to such conditions as he may deem fit to impose, authorise use of franking machine or any other machine specified under sub-clause (iv) of clause (k) of section 2, for making impressions on instruments chargeable with duties to indicate payment of duties payable on such instruments. (2B) (a) Where the Chief Controlling Revenue Authority or the Superintendent of Stamps, Bombay when authorised by the Chief Controlling Revenue Authority in this behalf, is satisfied that having regard to the extent of instruments executed and the duty chargeable thereon, it is necessary in public interest to authorise any person, body for organisation to such use of franking machine or any other machine, he may, by order in writing authorise such person, body or organisation;
(b) Every such authorisation shall be subject to such conditions, if any, as the Chief Controlling Revenue Authority may, by any general or special order, specify in this behalf. (2C) The procedure to regulate the use of franking machine or any other machine as so authorised shall be such as the Chief Controlling Revenue Authority may, by order determine.] 3[(3) (a) Notwithstanding anything contained in sub-section (1), the Chief Controlling Revenue Authority shall by notification in the Official Gazette, specify the instruments in Schedule I in respect of which the duties chargeable, as specified in column (2) of the said Schedule shall be paid,—
(i) by means of franking machine; or
(ii) by e-payment, in Virtual Treasury through Government Receipt Accounting System (G.R.A.S.) or in any Bank Account specified in the Official Gazette by the said Authority in this behalf through any permissible net banking mode.
(b) Any duties paid by e-payment shall be indicated,—
(i) by an endorsement to that effect made on the instrument by the proper officer duly notified by the Chief Controlling Revenue Authority for this purpose; or
(ii) in case of consolidated payment for electronic record pertaining to such instruments by the certificate issued by such proper officer; or
(iii) by e-stamp certificate issued through electronic means and mode as may be prescribed by the Chief Controlling Revenue Authority.
(c) If the proper officer has not endorsed the instrument or has not issued the certificate or the e-stamp certificate has not been issued through the prescribed electronic means and mode, as the case may be, under clause (b), then the mere e-payment under clause (a) shall not be treated as duty paid for any of the purposes of the Act. 1 Sub section (2-1A) was inserted by Mah. 10 of 2003, s. 2(a). 2 Sub-sections (2A), (2B) and (2C) were inserted by Mah. 20 of 1994, s. 3(1). 3 Sub-section (3) was substituted by Mah. 20 of 2025, s. 3(1). 1958 : LX] The Maharashtra Stamp Act 17
(d) The procedure to regulate the use of e-payment, endorsement or certification by proper officer and generation of e-stamp certificate shall be such as the Chief Controlling Revenue Authority may by an order determine.] 1[* * * * * *] 2[(4) An impression made under sub-sections (2A), (2B) and (2C) or, as the case may be, an endorsement made 3[, certificate issued or e-stamp certificate generated] under sub-section (3) 4[or, under sub-section (2) of section 32A] on any instrument, shall have the same effect as if the duty of an amount equal to the amount indicated in the impression or, as the case may be, stated in the endorsement 5[, certificate or e-stamp certificate] has been paid, in respect of, and such payment has been indicated on such instrument by means of stamps, under sub-section (1)]. 6[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 follow:— “Stamp duty of Rs. ………. Paid in cash/by demand draft/pay order, vide Receipt/Challan No. …………. dated the……………”. Signature of proper Officer.] 7[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 (74 of 1952), the stock exchange or, as the case may be, an association, shall collect the due 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 (42 of 1956).] 8[10C. Duties to be paid in cash, or by demand draft or by pay order by notary.— 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 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 notary shall make an endorsement on the instrument as follows, namely:— Stamp duty of Rs. …… paid *in cash/by demand draft/by pay order, vide *Receipt/Challan No. ………., dated the ………., in *Government Treasury/Sub-Treasury Office at ………. /the General Stamp Office, Mumbai. 1 Sub-section (3A) was deleted by Mah. 20 of 2025, s. 3(2). 2 Sub-section (4) was substituted by Mah. 20 of 1994, s. 3(2). 3 These words and letter were inserted by Mah. 20 of 2025, s. 3(3)(i). 4 These words were inserted by Mah. 9 of 1997, s. 7. 5 These words and letter were inserted by Mah. 20 of 2025, s. 3(3)(ii). 6 This section was inserted by Mah. 10 of 2003, s. 3. 7 This section was inserted by Mah. 32 of 2005, s. 4. 8 Section 10C was inserted by Mah. 5 of 2010, s. 3. 18 The Maharashtra Stamp Act [1958 : LX Seal of the notary. Signature of the notary with date. *Strike out whatever is not applicable.] 1[10D. Certain Departments, organisations, institutions, etc., to ensure payment of stamp duty.— 2[(1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that any State Government Department, institution of local self-government, semi Government organization, banking or non-banking financial institution or the body owned, controlled or substantially financed by the State Government or any class of them, shall ensure that the proper duty is paid to the State Government through Government Receipt Accounting System (G.R.A.S.) or by any other system of payment as may be notified by the State Government in this behalf, in respect of such instruments, as may be specified in the notification in which such Department or body, etc., is a party or which create a right in favour of such Department or body, etc., and of which registration is not compulsory:
Provided that, in case of instruments requiring stamp duty of less than rupees five hundred, the stamp duty may be paid to the State Government through any other mode of payment permissible under this Act and the provisions of sub-sections (2) and (3) shall not be applicable in case of such payment.]
(2) The Chief Controlling revenue Authority shall authorise a person nominated by such Department or body, etc. as mentioned in sub-section (1) as a proper officer for defacing the challan 3[electronically in the Government Receipt Accounting System (G.R.A.S.) or any other system of payment notified by the State Government in this behalf] and making the endorsement on such instruments. 4[(3) It shall be the duty of the proper officer so authorised under sub-section (2) to make an endorsement on the instruments after defacing the challan, as follows :— “Stamp duty of Rs. ….…….. paid by e-Challan, vide GRN No. …..……… CIN……….., dated the…………… Seal of the Office. Signature of the Officer.”] 5[Provided that, whenever the Stamp Duty has been paid through Government Receipt Accounting System (G.R.A.S.) by receipt of e-payment i.e. electronically Secured Bank and Treasury Receipt (e-SBTR) 6[or e-stamp certificate generated under sub-section (3)], the provisions of sub-section (2) and (3) shall not be applicable.]
11. Use of adhesive Stamps.— The following instruments may be stamped with adhesive stamp, namely :—
(a) 7[* * * * *] 8[(b) instrument mentioned at 9[articles 1,] 5(a) to (g), 17, 29, 37, 10[41], 42, 43, 59(a) and 62 in Schedule I].
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 1 Section 10D was inserted by Mah. 20 of 2015, s. 5. 2 Sub-section (1) was substituted by Mah. 47 of 2017, s. 2(a). 3 These words were inserted by Mah. 47 of 2017, s. 2(b). 4 Sub-section (3) was substituted by Mah. 20 of 2025, s. 4(1). 5 This proviso was added by Mah. 47 of 2017, s. 2(c). 6 These words, letter, brackets and figure were inserted by Mah. 20 of 2025, s. 4(2). 7 Clause (a) was deleted by Mah. 9 of 1988, s. 34(a). 8 Clause (b) was substituted for the original clauses (b) and (c) by Mah. 10 of 1965, s. 3. 9 This word and figure were substituted for the word and letters “article Nos.” by Mah. 9 of 1988, s. 34(b). 10 These figures were substituted for the figures, brackets and letter “41(a)” by Mah. 7 of 1985, s. 8. 1958 : LX] The Maharashtra Stamp Act 19
(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. 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 may be subjoined thereto as may be necessary for completing the writing of such instrument, provided a substantial part of the instrument is written on the sheet which bears the stamp before any part is written on the plain paper so subjoined; and such plain paper may or may not be signed by the executant but where it is not so signed it shall not render the instrument not duly stamped.].
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. 2[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.]
15. Instrument written contrary to sections 13 3[, 14 or 14A deemed not duly stamped].— Every instrument written in contravention of section 13, 4[14 or 14A] shall be deemed to be 5[not duly stamped].
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 that 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. 1 Section 13 was substituted for the original by Mah. 27 of 1985, s. 9. 2 Section 14A was inserted by Mah. 27 of 1985, s. 10. 3 These figures, words and letters were substituted for the words and figures “or 14 deemed unstamped” by Mah. 27 of 1985, s.11(c). 4 These figures, words and letter were substituted for the words and figures “or section 14” by Mah. 27 of 1985, s. 11(a). 5 These words were substituted for the word “unstamped” by Mah. 27 of 1985, s. 11(b). 20 The Maharashtra Stamp Act [1958 : LX (C) Of the time of stamping Instruments.
17. Instruments executed in State.— All instruments chargeable with duty and executed by any person in this State shall be stamped before or at the time of execution 1[or immediately thereafter] 2[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.]
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 a stamp of such value as the person so taking such instrument may require and pay for.
19. Payment of duty on certain instruments 4[or copies thereof] liable to increased duty in 5[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 or to be done in this State in executed out of the State and subsequently 6[such instrument or a copy of the instrument is] received in the State,—
(a) the amount of duty chargeable on such instrument 7[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 8[or a copy of the instrument] shall be stamped with the stamps necessary for the payment of the duty chargeable on it under clause (a) of this section in the same manner and at the same time and by the same persons as though such instrument 9[or a copy of the instrument] were an instrument received in this State for the first time at the time when it became chargeable with the higher duty, and
(c) the provisions contained in clause (b) of the proviso to sub-section (3) of section 32 shall apply to such instrument 10[or a copy of such instrument] as if such were an instrument executed or first executed out of this State and first received in this State when it became chargeable to the higher duty aforesaid, but the provisions contained in clause (a) of the said proviso shall not apply thereto. (D) Of valuation for Duty.
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 date of exchange on the day of the date of the instrument. 1 These words were added by Mah. 27 of 1985, s. 12. 2 These words were added by Mah. 17 of 1993, s. 31. 3 This proviso was substituted for the original by Bom. 95 of 1958, s. 3. 4 These words were inserted by Mah. 17 of 1993, s. 32(e). 5 These words were substituted for the words “Bombay State” by the Maharashtra Adaption of Laws (State and Concurrent Subjects) Order, 1960. 6 These words were inserted by Mah. 17 of 1993, s. 32(a). 7 These words were inserted by Mah. 17 of 1993, s. 32(b). 8 These words were inserted by Mah. 17 of 1993, s. 32(c). 9 These words were inserted by Mah. 17 of 1993, s. 32(c). 10 These words were inserted by Mah. 17 of 1993, s. 32(d). 1958 : LX] The Maharashtra Stamp Act 21
(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 (II of 1899), shall be deemed to be current rate for the purpose of sub-section (1).
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.
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.
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 which it would have been chargeable had no mention of interest been made therein.
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 of 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. 1[25. How transfer 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 him or any other person) of any money or stock, whether being or constituting a charge or incumbrance 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 where of 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 deemed to be part of the consideration for the sale, whether or not the purchaser expressly undertakes with the seller to pay the same or indemnify the seller if the seller has to pay the same:
Provided that, where any property subject to mortgage is transferred to the mortgage, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. Illustrations.
1. A owes B Rs. 1,000. A sells a property to B, the consideration of the property being Rs. 500 and the release of the previous debt of Rs. 1,000. Stamp duty is payable on Rs. 1,500. 1 Section 25 was substituted for the original by Mah. 27 of 1985, s. 13. 22 The Maharashtra Stamp Act [1958 : LX
2. A sells a property to B for Rs. 500. The property is subject to a mortgage to C for Rs. 1,000 and unpaid interest of Rs. 200. The sale is subject to the mortgage. Stamp duty is payable on Rs. 1,700.
3. A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house from A. Stamp duty is payable on Rs. 10,000 less the amount of stamp duty already paid for the mortgage.]
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 term 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 or conveyance, the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment become due.
27. Stamp where value of subject matter is indeterminate.— 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 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 according apply in relation to the admission of the instrument in evidence:
Provided that, for the purpose of application of 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 a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp duty,—
(a) When the lease has been granted by or on behalf of the Government at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to the Government under the lease, or
(b) When the lease has been granted by any other person, at 3[fifty thousand rupees] a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:
Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 40, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. 1 These words were substituted for the words “have been sufficient” by Mah. 27 of 1985, s. 14(a). 2 These words were substituted for the words “Provided that” by Mah. 27 of 1985, s. 14(b). 3 These words were substituted for the words “twenty thousand rupees” by Mah. 17 of 1993, s. 33. 1958 : LX] The Maharashtra Stamp Act 23
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.
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 2[market value] shall be apportioned in such manner as the parties think fit, provided that a distinct 3[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 4[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 5[in respect of the market value of such part of property].
(3) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad-valorem 6[in respect of the market value of the property at the time of sale] by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person, or persons, and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad-valorem duty 7[in respect only of the market value of the part sold to the sub-purchaser, without regard to the amount of the market value of the property conveyed by the original seller, and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad-valorem duty in respect of the market value of such residue:]
Provided that, notwithstanding anything contained in article 25 of Schedule I the duty on such last mentioned conveyance shall in no case be less than 8[ten rupees]. 9[(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad-valorem duty in respect of the market value of the property which is the subject matter of the conveyance and is duly stamped accordingly, any conveyance to be made afterwards to him in respect of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property which is the subject matter of the conveyance or where such duty exceeds 10[fifty rupees] with a duty of 11[fifty rupees]. (E) Duty by whom payable.
30. Duties by whom payable.— In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,— 1 These words were inserted by Mah. 16 of 1979, s. 4. 2 These words were substituted for the word “consideration” by Mah. 16 of 1979, s. 5(a). 3 These words were substituted for the word “consideration” by Mah. 16 of 1979, s. 5(a). 4 These words were substituted for the word “consideration” by Mah. 16 of 1979, s. 5(a). 5 These words were substituted for the word “of the consideration therein specified” by Mah. 16 of 1979, s. 5(b). 6 These words were substituted for the word “in respect of the consideration for the sale” by Mah. 16 of 1979, s. 5(c). 7 This portion was substituted for the portion beginning with the words “in respect only of the consideration paid by the such sub-purchaser” and ending with the words “considerations paid by the sub-purchaser” by Mah. 16 of 1979, s. 5(d). 8 These words were substituted for the words “three rupees” by Mah. 27 of 1985, s. 15(a). 9 Sub-section (5) was substituted for the original by Mah. 16 of 1979, s. 5(e). 10 These words were substituted for the words “seven rupees and fifty naye paise” by Mah. 27 of 1985, s. 15(b). 11 These words were substituted for the words “seven rupees and fifty naye paise” by Mah. 27 of 1985, s. 15(b). 24 The Maharashtra Stamp Act [1958 : LX
(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 (Bottomry 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 debentures is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899 (II of 1899)), No. 59(b) (Transfer of any interest secured by a bond or mortgage deed or policy of insurance by the person drawing or making such instrument;
(b) in the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee; in the case of a lease or agreement to lease by the lessee or intended lessee;
(c) in the case of a counterpart of a lease by the lessor;
(d) in the case of an instrument of exchange by the parties in equal shares;
(e) in the case of a certificate of sale by the purchaser of the property to which such certificate relates; 2[**]
(f) in the case of an instrument of partition by the parties thereto in proportion to their respective share in the whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue authority or Civil Court or arbitrator, in such proportion as such authority, Court or 3[arbitrator directs; 4[**]], 5[(f-a) in case of instruments of works contract as provided in Article 63 of SCHEDULE-I, by the person receiving the contract;] 6[(g) in any other case, by the person executing the instrument.] 7[30A. Duties payable by financial institution.— (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 8[if the other party fails to pay the proper stamp duty.] 1 These figures, brackets and letter were substituted for the figures, brackets and letter “58(a)” by Mah. 27 of 1985, s. 16(a). 2 The word “and” was deleted by Mah. 27 of 1985, s. 16(b). 3 These words were substituted for the words “arbitrator directs” by Mah. 27 of 1985, s. 16(c). 4 The word “and” was deleted by Mah. 20 of 2015, s. 6(a). 5 Clause (f-a) was inserted by Mah. 20 of 2015, s. 6(b). 6 Clause (g) was added by Mah. 27 of 1985, s. 16(d). 7 Section 30A was inserted by Mah. 8 of 2013, s. 2. 8 These words were added by Mah. 47 of 2017, s. 3. 1958 : LX] The Maharashtra Stamp Act 25
(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 30th September 2013 and forward the same to the Collector for recovery.
(3) Where the financial institution fails to impound such instrument as provided in sub-section
(2), then the concerned financial institution shall be liable to pay a penalty equal to the stamp duty payable on such instrument.]
CHAPTER III ADJUDICATION AS TO STAMPS
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 pays 4[a fee of one thousand rupees] in case not involving stamp duty on ad valorem basis, and one rupee for every Rs. 1,000 or part thereof, subject to a minimum of five rupees and maximum of twenty-five rupees in cases involving stamp duty on ad valorem basis, the Collector shall determine the duty (if any) with which, 5[or the Article of Schedule I under which] in his judgement, the instrument is chargeable.]: 6[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 between the stamp duty chargeable as per the value of consideration stated in the instrument or the market value of such property according to the person, whichever is higher and the stamp duty already paid on the instruments ; and
(ii) in other cases, the amount of difference between the stamp duty chargeable according to the person and the stamp duty already paid on the instruments:
Provided further that, the Collector shall adjust such deposited amount against the stamp duty finally determined and refund the excess amount deposited, if any, to the person depositing it within a period of forty-five days, without any interest.]
(2) For this purpose the Collector may require to be furnished with 7[a true copy or] 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 upon such application until 8[such true copy or abstract] and evidence have been furnished accordingly:
Provided that—
(a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and
(b) every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relived from any penalty which he 1 Sub-section (1) was substituted for the original by Mah. 13 of 1974, s. 3. 2 These words were substituted for the words “and the person bringing it” by Mah. 9 of 1997, s. 8(a). 3 These words were inserted by Mah. 27 of 1985, s. 17(a). 4 These words were substituted for the words “a fee of one hundred rupees” by Mah. 20 of 2025, s. 5(1). 5 These words were inserted by Mah. 27 of 1985, s. 17(a). 6 This proviso was inserted by Mah. 20 of 2025, s. 5(2). 7 These words were inserted by Mah. 27 of 1985, s. 17(b)(i). 8 These words were substituted for the words “such abstract” by Mah. 27 of 1985, s. 17(b)(ii). 26 The Maharashtra Stamp Act [1958 : LX may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. 1[(3) Where the Collector acting under sub-sections (1) and (2) is not the Collector of the District and if he has reason to believe that the market value of the property, which is the subject matter of the instrument, received by him for adjudication, has not been truly set forth therein, 2[he shall, for the purpose of assessing the stamp duty, determine the true market value of such property, as laid down in the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995]]. 3[(4) When an instrument is brought to the Collector for adjudication,—
(i) within one month of execution or first execution of such instrument in the State; or
(ii) if, such instrument is executed or first executed, out of the State, within three months from the date of first receipt of such instrument in this State, the person liable to pay the stamp duty under section 30 shall pay the same within sixty days from the date of service of the notice of demand in respect of the stamp duty adjudicated by the Collector. If such person fails to pay the stamp duty so demanded within the said period, he shall be liable to pay a penalty at the rate of two per cent., of the deficient portion of the stamp duty, for every month or part thereof, from the date of execution of such instrument, or as the case may be, date of the first receipt of such instrument in the State]: 4[Provided that, in no case, the amount of the penalty shall exceed 5[four times] the deficient portion of the stamp duty.]
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 6[(stating the relevant Article of Schedule I and 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) 7[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, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped:
Provided that nothing in this section shall authorise the Collector to endorse,—
(a) any instrument executed or first executed in the State and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be;
(b) any instrument executed or first executed out of the State and brought to him after the expiration of three months after it has been first received in this State; or 1 Sub-section (3) was added by Mah. 16 of 1979, s. 6. 2 This portion was substituted for the portion beginning with the words “he may” and ending with the words “on the instrument” by Mah. 30 of 1997, s. 2(a). 3 Sub-section (4) was added by Mah. 30 of 1997, s. 2(b). 4 This proviso was added by Mah. 22 of 2001, s. 2(b). 5 These words were substituted for the word “double” by Mah. 20 of 2015, s. 7. 6 These brackets, words and figures were substituted for the brackets and words “(stating the amount)” by Mah. 27 of 1985, s. 18(a). 7 These words were substituted for the words “Any instrument upon which an endorsement has been made” by Mah. 27 of 1985, s. 18(b). 1958 : LX] The Maharashtra Stamp Act 27
(c) any instrument chargeable with the duty of twenty naye paise or less when brought to him, after the drawing or execution thereof, on paper not duly stamped. 1[32A. Instrument of conveyance, etc., under valued 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 2[and also 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 (XVI of 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 (Mah. XXVII of 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). 3[(2) Any registering officer receiving such instrument for registration has reason to believe, on the basis of the information available with him in this behalf, that the market value of immovable property which is the subject matter of such instrument has not been truly set forth therein, he shall, immediately after receiving of such instrument, refer it to the Collector for determination of the true market value of such property:
Provided that, in respect of the instrument presented for registration before the date of commencement of the Maharashtra Tax Laws (Levy, Second Amendment and Validation) Act, 1996 (Mah. IX of 1997) where, in the opinion of the registering officer, the true market value of the immovable property, which the subject matter of the said instrument, has not been determined by the Collector of the District, it shall be lawful for the registering officer to verify the true market value of such property as per the annual statement of rates of immovable property determined under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, and issue notice to the person, who is liable to pay stamp duty under section 30 calling upon such person to pay the deficit amount of stamp duty and penalty at the rate of 2 per cent., of the deficient portion of the stamp duty, for every month or part thereof from the date of execution such instrument:
Provided further that, on the receipt of such notice, if the person liable to pay deficit amount of stamp duty and the penalty, pays within one month from the date of receipt of such notice, the deficient amount stamp duty and also pays the fixed penalty of rupees two hundred fifty, he shall not liable to make payment of penalty at the rate of 2 per cent., as provided in the first proviso; and the reference already made to the Collector of the District shall abate:
Provided also that, in no case, the amount of the penalty to be charged under the proviso shall exceed 4[four times] the deficit portion of the stamp duty.]
(3) If any person referred to in section 33, before whom any such instrument is produced or comes in the performance of his functions, has reason to believe that the market value of the immovable property which is the subject matter of such instrument has not been truly set forth therein, he may, after performing his function in respect of such instrument, refer the instrument along with a true copy of such instrument to the Collector of the District for determination of the true market value of such property and the proper duty payable on the instrument: 5[Provided that, if the person, before whom any such instrument is produced or comes in performance of his functions, is an officer appointed as the Collector under clause (f) of section 2, and he has reason to believe that the market value of the immovable property which is the subject matter of such instrument has not been truly set-forth therein, he shall, for the purpose of assessing the stamp duty, determine the true market value of such property in the manner laid down in the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995.] 1 Section 32A shall be deemed to have been substituted with effect from the 4th July 1980 by Mah. 27 of 1985, s. 19. 2 These words were inserted by Mah. 20 of 2015, s. 8(i). 3 Sub-section (2) was substituted by Mah. 13 of 2004, s. 4. 4 These words were substituted for the word “double” by Mah. 20 of 2015, s. 8(ii). 5 This proviso was added by Mah. 30 of 1997, s. 3(b). 28 The Maharashtra Stamp Act [1958 : LX
(4) On receipt of the instrument or the true copy of the instrument as the case may be, under sub-section (2) or (3), the Collector of the District shall, after giving the parties concerned a reasonable opportunity of being heard and in accordance with the rules made by the State Government in that behalf, determine the true market value of the immovable property which is the subject matter of the instrument and the proper duty payable thereon. Upon such determination, the Collector of the district shall require the party liable to pay the duty, to make the payment of the amount required to make up the difference between the amount of duty determined under this sub-section and the amount of duty already paid by him and shall also require such party to pay in addition, 1[a penalty 2[of 2 per cent., for every month or part thereof] from the date of execution of the instrument on differential amount of stamp duty]; and on such payment, the instrument received under sub-section (2) or (3) shall be returned to the officer or person referred to therein: 3[* * *] 4[Provided also that, in no case, the amount of the penalty shall exceed 5[four times] the deficient portion of the stamp duty.]
(5) The Collector of the District may, suo motu or on receipt of information from any source, within 6[ten years] from the date of registration of any instrument referred to in sub-section (1) (not being the instrument upon which an endorsement has been made under section 32 or the instrument or the instrument in respect of which the proper duty has been determined by him under sub-section (4) or an instrument executed before the 4th July 1980), call for the true copy or an abstract of the instrument from the registering officer and examine it for the purpose of satisfying himself as to the correctness of the market value of the immoveable property which is the subject matter of such instrument and the duty payable thereon; and if, after such examination, he has reason to believe that the market value of such property has not been truly and fully set forth in the instrument he shall proceed as provided in sub-section (4). 7[(6) It shall be lawful for the Chief Controlling Revenue Authority or the Collector of the district to transfer to any other Officer, any reference received by the Collector of the District under this section, for disposal in accordance with the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995.] 8[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 9[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 the order so passed shall, subject to the provisions of section 32C, be final and shall not be questioned in any Court or before any authority:
Provided that, all application made and pending with the Collector immediately before the commencement of the Bombay Stamp (Amendment) Act, 1989 (Mah. XVIII of 1989) (hereinafter, in this section, referred to as “the Amendment Act”), for being referred to Courts for decision under 1 These words were substituted for the portion beginning with the words “a penalty of” and ending with the words and figures “the 1st March 1990” by Mah. 9 of 1997, s. 9(b)(i). 2 These words and figure were substituted for the words and figures “of 15 per cent. For each year or part of the year” by Mah. 30 of 1997, s. 3(c). 3 First and second provisos were deleted by Mah. 20 of 2015, s. 8(iii)(a). 4 This proviso was added by Mah. 22 of 2001, s. 3(b). 5 These words were substituted for the word “double” by Mah. 20 of 2015, s. 8(iii)(b). 6 These words were substituted for the words “eight years” by Mah. 30 of 1997, s. 3(d). 7 Sub-section (6) was substituted by Mah. 30 of 1997, s. 3(e). 8 These sections were substituted for section 32B by Mah. 18 of 1989, s. 3. 9 These words were inserted by Mah. 20 of 2015, s. 9(i). 1958 : LX] The Maharashtra Stamp Act 29 section 32B as it existed immediately before the coming into force of the Amendment Act, shall, on the coming into force of the Amendment Act be transferred by the Collector to the Deputy Inspector General of Registration and Deputy Controller of Stamps and the applications so transferred shall be deemed to be the appeals filed and pending before the Deputy Inspector General of Registration and Deputy Controller of Stamps who shall dispose off the same in accordance with this section:
Provided further that, nothing contained in sub-section (1) and the first proviso shall affect the references already made by the Collector to the Courts and pending before the Courts immediately before the commencement of the Amendment Act; and such references shall be disposed off by the concerned Courts as if the Amendment Act has not been passed.
(2) No appeal and no application for revision shall lie against the order of the 1[Additional Controller of Stamps, Mumbai or the] Deputy Inspector General of Registration and Deputy Controller of Stamps, passed under sub-section (1).
32C. Revision.— Subject to the