REVENUE AND FORESTS DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 14th October 2024.
MAHARASHTRA ORDINANCE No. XII OF 2024.
AN ORDINANCE
further to amend the Maharashtra Stamp Act.
WHEREAS, both Houses of the State Legislature are not in session;
AND, WHEREAS, the Governor of Maharashtra is satisfied that
circumstances exist which render it necessary for him to take immediate
action further to amend the Maharashtra Stamp Act, for the purposes
hereinafter appearing;
LX of
1958.
RNI No. MAHENG /2009/35528
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Stamp (Amendment) Ordinance, 2024 (Mah. Ord. XII of 2024), is
hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
[Translation in English of the Maharashtra Stamp (Amendment) Ordinance, 2024 (Mah. Ord.
XII of 2024), published under the authority of the Governor].
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Short title
and
commencement.
Amendment of
SCHEDULE I
of LX of 1958.
LX of
1958.
NOW, THEREFORE, in exercise of the powers conferred by clause (1)
of article 213 of the Constitution of India, the Governor of Maharashtra is
hereby pleased to promulgate the following Ordinance, namely :—
1.
(1) This Ordinance may be called the Maharashtra Stamp
(Amendment) Ordinance, 2024.
(2) It shall come into force at once.
2.
In SCHEDULE I appended to the Maharashtra Stamp Act,—
(1) in article 4, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(2) in article 5, in clause (h), in sub-clause (B), in column (2), for
the words “One hundred rupees” the words “Five hundred rupees” shall
be substituted;
(3) in article 8, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(4) in article 9, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(5) in article 10, in column (2), for the figures, words and letters
“0.2 per cent. on share capital or increased share capital, as the case
may be, subject to a maximum of Rs. 50,00,000”, the figures and words
“0.3 per cent. on share capital or increased share capital, as the case
may be, subject to a maximum of rupees One Crore” shall be substituted;
(6) for article 12, the following article shall be substituted,
namely :—
“12.
AWARD, that is to say,
any decision in writing by
an arbitrator or umpire, on
a reference made otherwise
than by an order of the Court
in the course of a suit, being
an award made as a result
of a written agreement to
submit present or future
differences to Arbitration
but not being an award
directing partition,—
(a)
relating to immovable
The same duty as is leviable
property;
on a conveyance under
clause (b) of article 25.
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(b)
relating to movable
property,—
(i)
where the amount
0.75 per cent. of the amount
granted in the award,
granted in the award.
does not exceed
rupees fifty lakhs ;
(ii)
where the amount
Rupees thirty seven
granted in the award,
thousand five hundred plus
exceeds rupees
0.5 per cent. of the amount
fifty lakhs but does
granted in the award.
not exceed rupees
five crores;
(iii) where the amount
Two lakhs sixty two
granted in the award,
thousand five hundred
exceeds rupees
rupees plus 0.25 per cent.
five crores;
of the amount granted
in the award. ”;
(7) in article 27, in column (2), for the words “rupees one hundred” the
words “rupees five hundred” shall be substituted;
(8) in article 30, in column (2), for the words “One hundred rupees” the
words “Five hundred rupees” shall be substituted;
(9) in article 38, in column (2), for the words “One hundred rupees” the
words “Five hundred rupees” shall be substituted;
(10) in article 44, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(11) in article 47, in clause (1), in sub-clause (b), in column (2), for the
words “fifteen thousand” the words “fifty thousand” shall be substituted;
(12) in article 49, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(13) in article 50, in column (2), for the words “One hundred rupees”
the words “Five hundred rupees” shall be substituted;
(14) in article 52, in clause (a), in column (2), for the words “Two
hundred rupees” the words “Five hundred rupees” shall be substituted;
(15) in article 58, in clause (a), in column (2), for the words “Two
hundred rupees” the words “Five hundred rupees” shall be substituted;
(16) in article 63,—
(i) in clause (a), in column (1), for the words “ten lakh” the words
“five lakh” shall be substituted;
(ii) in clause (b),—
(A) in column (1), for the words “ten lakh” the words “five
lakh” shall be substituted;
(B) in column (2), for the figures and words “0.1 per cent. of
the amount above rupees ten lakh” the figures and words “0.3 per
cent. of the amount above rupees five lakh” shall be substituted.
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STATEMENT
With a view to bring simplicity and uniformity in levy of stamp duty
and to increase the Government revenue, it is proposed to amend certain
articles of Schedule I appended to the Maharashtra Stamp Act (LX of 1958).
2.
The salient features of the proposed amendments to the said Act
are as under :—
(i) to increase rate of stamp duty fixed long ago at the nominal
amount of rupees hundred or rupees two hundred on certain
instruments specified in articles 4, 5, 8, 9, 27, 30, 38, 44, 49, 50, 52 and
58 to rupees five hundred;
(ii) to increase rate of stamp duty and maximum limit of rate of
stamp duty on the instrument of articles of association of a company
specified in article 10;
(iii) to increase rate of stamp duty on the instrument of award by
arbitrator specified in article 12;
(iv) to increase the maximum limit of rate of stamp duty on the
instrument of partnership, where share contribution brought in by way
of cash is in excess of rupees 50,000, specified in article 47;
(v) to increase the rate of stamp duty and maximum limit of
rate of stamp duty on the instrument of works contract specified in
article 63.
3.
As both Houses of the State Legislature are not in session and the
Governor of Maharashtra is satisfied that circumstances exists which render
it necessary for him to take immediate action further to amend the
Maharashtra Stamp Act, for the purposes aforesaid, this Ordinance is
promulgated.
Mumbai,
C. P. RADHAKRISHNAN,
Dated the 14th October 2024.
Governor of Maharashtra.
By order and in the name of the
Governor of Maharashtra,
RAJESH KUMAR,
Additional Chief Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.