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[Received the assent of the Governor on the 5th April 1983 first published in an
extraordinary issue of the Orissa Gazette, dated the 5th April 1983]
AN ACT TO AMEND THE INDIAN STAMP ACT, 1899 IN ITS APPLICATION TO THE
STATE OF ORISSA
Be it enacted by the Legislature of the State of Orissa in the Thirty-fourth year of the
Republic of India, as follows:-
Short title and
Commencement.
1. (1) This Act may be called the Indian Stamp (Orissa Amendment) Act, 1983.
(2) It shall be deemed to have come into force on the 17th day of January, 1983.
Substitution
of Schedule 2. For Schedule 1-A of the Indian Stamp Act, 1899 (hereinafter referred to) as 2 of 1899
1-A. the principal Act, the following schedule shall be substituted, namely:-
SCHEDULE 1-A
(1) (2)
2. ADMINISTRATION BOND, including a bond given The same duty as a BOND
under sections 291, 375and 376 of the Indian Succe- (No.15) for the same amount, 39 of 1925
5 of 1873
ssion Act, 1925 or section 6 of the Government savings
Banks Act, 1873.
* For Bill See Orissa Gazette Extraordinary, dated the 26th March 1983 (360)
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Exemptions
5. AGREEMENT OR MEMORANDUM OF AN
AGREEMENT.
Exemptions
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months from the date of such instrument. under clause (a) for the amount secured
Exemption
Instrument of pawn or pledge of goods, if unattested
7. APPOINTMENT OF EXECUTION OF A Sixty-two rupees and fifty paise
POWER, whether of trustees or of property, movable 1 of 1956
or immovable, where made by any writing not being a
Will.
19 of 1850
8. APPRAISEMENT OR VALUATION, made
otherwise than under an order of the Court in the
course of a suit-
The same duty as a BOTTOMRY
(a) where the amount does not exceed Rs. 1,000 BOND (No.16) for such amount.
Exemptions
(a) Appraisement or valuation made for the
information of one party only, and not being in any
manner obligatory between parties either by
agreement or operation of law.
Exemption
Instruments of apprenticeship executed by a
Magistrate under the Apprentices Act, 1850, or by
which a person is apprenticed by or at the charge of
any public charity.
10. ARTICLES OF ASSOCIATION OF A One hundred eighteen rupees and
COMPANY. seventy-five paise.
Exemption
Articles of any Association not formed for profit and
registered under section 25 f the Companies Act, 1956.
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(No.3). 7 of 1870
12. AWARD, that is to say, any decision in writing by
an arbitrator or umpire not being an award directing a
partition, on a reference made otherwise than by an Bengal Act
3 of 1876.
order of the Court in the course of a suit-
(a) where the amount or value of the property to which The same duty as a BOTTOMRY
the award relates, as set forth in such award does BOND (No.16) or such amount.
not exceed Rs. 1,000.
(b) if it exceeds Rs. 1,000 but does not exceed Rs. Twenty-three rupees and seventy-five
5,000. paise.
and for every additional Rs. 1,000 or part thereof in One rupee and twenty-five paise
excess of Rs. 5,000. subject to a maximum of one hundred
and twenty-five rupees.
15. BOND, as defined by section 2 (5) not being a
DEBENTURE and not being otherwise provided for
by this Act, or by the Court Fees Act, 1870-
Where the amount or value secured does not exceed Thirty-five paise
Rs. 10;
Where it exceeds Rs. 10 and does not exceed Rs. 50; Forty-five paise
Where it exceeds Rs. 50 and does not exceed Rs. 100; One rupee
Where it exceeds Rs. 100 and does not exceed Rs. 200; Two rupees and fifty paise
Where it exceeds Rs. 200 and does not exceed Rs. 300; Three rupees and seventy-five paise
Where it exceeds Rs. 300 and does not exceed Rs. 400; Four rupees and seventy-five paise
Where it exceeds Rs. 400 and does not exceed Rs. 500; Six rupees
Where it exceeds Rs. 500 and does not exceed Rs. 600; Eight rupees and fifty paise
Where it exceeds Rs. 600 and does not exceed Rs. 700; Ten rupees
Where it exceeds Rs. 700 and does not exceed Rs.800; Twelve rupees
Where it exceeds Rs. 800 and does not exceed Rs. 900; Sixteen rupees and twenty-five paise
Where it exceeds Rs. 900 and does not exceed Eighteen rupees and seventy-five paise
Rs.1,000;
and for every Rs. 500 or part thereof in excess of Rs. Nine rupees and forty paise
1,000.
See (No.2) ADMINISTRATION BOND
(No.16) BOTTOMRY BOND
(No.26), CUSTOMS BOND
(No.34), INDEMNITY BOND
(No.56), RESPONDENTIA BOND
(No.57), SECURITY BOND
Exemptions
Bond, when executed by-
(a) headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876,
section 99, for the due performance of their duties
under that Act;
(b) any person for the purpose of guaranteeing that the
local income derived from private subscription to a
charitable dispensary or hospital or any other object
of public utility shall not be less than a specified
sum per mensem.
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Exemptions
Exemption
(a) Copy of any paper which a public officer is
expressly required by law to make or furnish for
record in any public office or for any public
purpose.
(a) if the duty with which the original instrument is The same duty as is payable on the
chargeable does not exceed one rupee and fifty original
paise;
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Exemption
Counterpart of any lease granted to a cultivator, when
such lease is exempted from duty.
26. CUSTOMS BOND-
(a) Where the amount does not exceed Rs. 1,000; The same duty as a BOTTOMRY
BOND (No. 16) for such amount.
(a) When the original mortgage is one of the The same duty as a CONVEYANCE
description referred to in clause (a) Article No. 40 (No. 23) for a consideration equal to
(that is, without possession); the amount of the further charge
secured by such instrument.
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33.GIFT- Instrument of, not being a SETTLEMENT The same duty as a CONVEYANCE
(No. 58) or WILL or TRANSFER (No. 62). (No. 23) for a consideration equal to
the value of the property as set forth in
such instrument.
HIRING AGREEMENT or agreement for service-
See AGREEMENT (No. 5).
34. INDEMNITY BOND The same duty as a SECURITY BOND
(No. 57) for the same amount.
INSPECTORSHIP DEED- See COMPOSITION
DEED (No. 22).
35. LEASE, including an under-lease or sub-lease and
any agreement to let or sub-let-
(i) Where the lease purports to be for a term of less The same duty as a BOTTOMRY
than one year; BOND (No. 16) for the whole amount
payable or deliverable under such lease.
(ii) Where the lease purports to be for term of not The same duty as a BOTTOMRY
less than year, but not more than five years; BOND (No. 16) for the amount value
of the average annual rent reserved
(iii) Where the lease purports to be for a term The same duty as a CONVEYANCE
exceeding five years, but not exceeding ten (No. 23) for a consideration equal to
years; the amount or value of the average
annual rent reserved.
(iv) Where the lease purports to be for a term The same duty as a CONVEYANCE
exceeding ten years, but not exceeding twenty (No. 23) for a consideration equal to
years; twice the amount of value of the
average annual rent reserved.
(v) Where the lease purports to be for a term The same duty as a CONVEYANCE
exceeding twenty years, but not exceeding (No. 23) for a consideration equal to
thirty years; three times the amount or value of the
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(vi) Where the lease purports to be for a term The same duty as a CONVEYANCE
exceeding thirty years, but not exceeding one (No. 23) for a consideration equal to
hundred years; four times the amount or value of the
average annual rent reserved.
(vii) Where the lease purports to be for a term The same duty as a CONVEYANCE
exceeding one hundred years, or in perpetuity; (No. 23) for a consideration equal to
one-sixth of the whole amount of rent
which would be paid or delivered in
respect of first fifty years of the lease.
(viii) Where the lease does not purport to be for any The same duty as a CONVEYANCE
definite term; (No. 23) for a consideration equal to
three times the amount or value of the
average annual rent which would be
paid or delivered for the first ten years
if the lease continued so long.
(b) Where the lease is granted for a fine or premium, The same duty as a CONVEYANCE
or for money advanced in addition to rent reserved; (No. 23) for a consideration equal to
the amount or value of such fine or
premium, or advance as set forth in the
lease.
Where the lease is granted for a fine or premium, or The same duty as a CONVEYANCE
for money advanced in addition to rent reserved. (No. 23) for a consideration equal to
the amount or value of such fine or
premium, or advance as set forth in the
lease, in addition to the duty which
would have been payable on such lease,
if no fine or premium or advance had
been paid or delivered:
Exemption
Lease, executed in the case of a cultivator and for the
purpose of cultivation (including a lease of trees for the
production of food or drink) without the payment or
delivery of any fine or premium, when a definite term
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(a) When possession of the property or any part The same duty as a CONVEYANCE
of the property comprised in such deed is (No. 23) for a consideration equal to
given by the mortgagor or agreed to be given. the amount secured by such deed.
(b) When possession is not given or agreed to be The same duty as BOTTOMRY BOND
given as aforesaid. (No.16) for the amount secured by such
deed.
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for every sum secured not exceeding Rs. 1,000; and One rupees and ninety paise One
for every Rs. 1,000 or part thereof secured in excess of rupees and ninety paise
Rs. 1,000.
Exemptions
for every sum of secured not exceeding Rs. 200 Thirty paise
and for every Rs. 200 or part thereof secured in excess Thirty paise
of Rs. 200;
for every sum secured not exceeding Rs. 100; Forty paise
and for every Rs. 100 or part thereof secured in excess Fifty paise
of Rs. 100.
42. NOTARIAL ACT that is to say, any instrument, Three rupees and seventy-five paise
endorsement, note, attestation, certificate or entry not
being a PROTEST (No. 50) made or signed by a
Notary Public in the execution of the duties of his
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(b) of any stock or marketable security exceeding in Subject to a maximum of rupees thirty-
value twenty rupees; seven and fifty paise, forty-five paise
for every ten thousand rupees or part
thereof of the value of the stock or
security.
44. NOTE OF PROTEST BY THE MASTER OF A Two rupees and fifty paise
SHIP-See also PROTEST BY THE MASTER OF A
SHIP (No. 51).
45. PARTITION-Instrument of as defined by section The same duty as a BOTTOMRY
2 (15). BOND (No.16) for the amount of the
value of the separated share or shares of
the property.
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A- Instrument of
(a) where the capital of the partnership does Nine rupees and fifty paise
not exceed Rs. 500;
(a) when executed for the sole purpose of procuring One rupee and ninety paise
the registration of one or more documents in
relation to a single transaction or for admitting
execution of one or more such documents;
(b) when required in suits or proceedings under One rupees and ninety paise
Presidency Small Cause Courts Act, 1872;
(c) when authorizing one person or more to act in a Three rupees and seventy-five paise
single transaction other than the case mentioned in
clause (a);
(d) when authorizing not more than five persons to act Eighteen rupees and seventy-five paise
jointly and severally in more than one transaction
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or generally;
(e) when authorizing more than five but not more than Thirty-seven rupees and fifty paise
ten persons to act jointly and severally in more
than one transaction of generally;
(f) when given for consideration and authorizing the The same duty as a CONVEYANCE
attorney to sell any immovable property; (No. 23) for the amount of
consideration.
(g) in any other case Three rupees and seventy-five paise for
each person authorized.
* * * *
54. RECONVEYANCE OF MORTGAGED
PROPERTY-
(a) if the consideration for which the property was The same duty as a CONVEYANCE
mortgaged does not exceed Rs. 1,000; (No. 23) for the amount of such
consideration as set forth in the
reconveyance.
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(a) if the amount of value of the claim does not exceed The same duty as a BOTTOMRY
Rs. 1,000; BOND (No. 16) for such amount or
value as set forth in the release
(a) when the amount secured does not exceed Rs. The same duty as a BOTTOMRY
1,000; BOND (No. 16) for the amount
secured.
Exemptions
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59. SHARE WARRANTS to bearer issued under the One and a half times the duty payable
Companies Act, 1956. on a CONVEYANCE (No.23) for a
consideration equal to the nominal
amount of the shares specified in the
warrant.
Exemptions
Share warrant when issued by a company in pursuance
of the Companies Act, 1956, section 114, to have effect
only upon payment, as composition for that duty, to the
Collector of stamp-revenue, of-
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(a) When the duty with which the lease is chargeable The duty with which such lease is
does not exceed seven rupees and fifty paise. chargeable.
(i) if the duty on such bond or mortgage deed does The duty with which such bond or
not exceed seven rupees and fifty paise; mortgage deed is chargeable.
(d) of any property under the Administrator Generals Thirty-seven rupees and fifty paise.
Act, 1913, section 25;
(e) of any trust-property without consideration from Eighteen rupees and seventy-five paise
one trustee to another trustee or from a trustee or such smaller amount as may be
to a beneficiary. chargeable under clause of the
article.
Exemptions
Transfer by endorsement-
* * * *
(b)of a delivery order, warrant for goods, or other
mercantile document of title to goods;.
* * * *
(e) of securities of the Central Government
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Exemption
Transfer of any lease exempt from duty-
(2) Notwithstanding such repeal anything done or any action taken under the
Principal Act as amended by the said Ordinance shall be deemed to have been done or taken
under the Principal Act as amended by this Act.
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Keyword(s):
Treasury, Indian Stam p Act
DISCLAIMER: This docum ent is being furnished to you for your inform ation by PRS
Legislative Research (PRS). The contents of this docum ent have been obtained from sources
PRS believes to be reliable. These contents have not been independently verified, and PRS
m akes no representation or warranty as to the accuracy, com pleteness or correctness. In
som e cases the Principal Act and/ or Amendm ent Act m ay not be available. Principal Acts
m ay or m ay not include subsequent amendm ents. For authoritative text, please contact the
relevant state departm ent concerned or refer to the latest government publication or the
gazette notification. Any person using this m aterial should take their own professional and
legal advice before acting on any information contained in this docum ent. PRS or any persons
connected with it do not accept any liability arising from the use of this document. PRS or any
persons connected with it shall not be in any way responsible for any loss, dam age, or distress
to any person on account of any action taken or not taken on the basis of this docum ent.
LatestLaws.com
short lille. 1, This Act may be called the Indian Slarnp (Orissa Amendment) Act,
2001.
the principal Act) in sub-section ( I ) , for the words "one rupee and eight annas",
the words "ten rupees" shall be substituled.
Amendment 3. In the proviso to section 6 of the principal Act, for the words "one rupee
of section 6.
and eight annas", the words "ten rupees" shall be substituled.
- Amendment 4. In section 31 of the principal Act, in sub-section (I), for Ihe words "not
of secrion 31.
exceeding five rupees" and "not less than fifty naye paise", Ihe words "not
exceeding twenty rupees" and "not less than five rupees", shall respectively
be substitu(ed.
Amendment 5. In section 47-A of the principal Act, in sub-section (2-a), for the words
of section 47-
A. "two years", the words "lhree years" shall be substituted.
Amendmenl 6. For section 73 of the principal Act, the following section shall be sub-
' of seclion 73.
stituted, namely :-
"73. (1) Every public officer or any person having in his custody any
registers, books, records, papers, documents or proceedings, Ihe inspections
whereof may tend to secure any duty, or to prove or lead to the discovery of
any fraud or omission in relation to any duty, shall at all reasonable limes
permit any officer authorised in writing by the Collector to enter upon any
premises and to inspect for such purposes the regislers, books, records,
papers, documents and proceedings and to take such notes and extracis, as
he may deem necessary,without fee or charge and if necessary to seize them
and impound the same under proper acknowledgement :
(3) If, upon such inspection, the officer so authorised, is of opinion that
any inslrumenl is chargeable with duty and is not duly stamped, he shaIl
require Ihe payment of the proper duty or the amount required to make up the ,
same from Ihe person liable to pay the stamp duly and in case of default the
amount of the duty shall be recovered as an arrear of land revenue".
(a) for the words "One rupee" appearing ifi column (2) against
clause (a), Ihe words "five rupees" shall be subsliluted ;
(b) for the words "fofly-two rupees fifty paise" appearing in col.umn
(2) of the entry against clause (b), Ihe words "fifty rupees" shall
be substiluted; and
(cJ for the words "Three rupees" appearing in column (2) against
clause (c), the words "Ten rupees" shall be substituted ;
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5
(iii) in clause (2) of article 6,-
(b) in sub-clause (b), for Ihe word, brackets and letter "clause (a)",
the word,' brackets and letter "sub-clause (a)" shall be
substituted :
(viJ in arlicle 10, for the words'Two hundred rupees" appearing in col-
. umn (21, the words 'Three hundred rupees" shall be sub-
stituted ;
(a) for (he words, brackets and figure "The same duty as a
BOTOMRY BOND (No. 16) or such amount" appearing in
column (2) against clause (a), the words, brackets and figure
"The same duty as a BOND (No.15)'or such amount" shall be
subs(ituted ;
(c) for the entry appearing at the end in column (2), the following
entry shall be substituted, namely :-"Two rupees subject to a
maximum of two hu.ndred rupees."
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(viii) far article 15 including the entries against it but excluding the ref-
erence to other Bonds commencing wilh the word "See" and end-
ing with the words "SECURITY BOND" followed by Ihe '!EX.
emptions" appearing at the end in column (I), the following shall be
subslituted under appropriate columns, namely :-
(1 1 (2I
"15. BOND, as defined by section 2 (5) not Two per centum of the
being a DEBENTURE and not being other- amount or Ihe value
wise provi.ded for by this Act, or by the secured.";
Court Fees Act, 1870.
(ix) for arlicle 16 including the entries against it, the following Article with
its'enlries shall be subsliluted under appropriate columns, namely :-
(xJ in article 17, for the words "One hundred rupees" appearing in
column (2), Ihe words "One hundred and fifty rupees" $\\all be
subsliluted ;
(xi) in article 18, for clauses (a). [b) and (c) including the entries
appearing against them in column (2). the following clauses with
Iheir respective entries shall be subslituted under appropriale
columns,namely :-
(1 1 (2)
"(2) Where the purchase money Two rupees 'r
(xi) after article 18, the following Arlicle with the entries'against i t shall
be inserted under appropriate columns, oamely :-
('I (2)
"1 9. CERTIFICATE OR OTHER DOCU- One rupee";
MENT, evidencing the right or lille of the
holder thereof, or any other person either
to any shares, scrip or stock in or of
any incorporated company or other body
corporate, or to become proprietor of
shares, scrip or stock in or of any
such company or body. See also
LETTER OF ALLOTMENT OF SHARES
(No. 36).
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(xiii) in article 22. fdr Ihe words "Fifty rupees" appearing in column (2),
the words "Seventy rupees" shalt be subsliluted ;
(xiv) for article 23 incIuding the entries against it, the following arlicle
with its entries shall be substituted under appropriate calumns,
namely :- -
(1) (2 1
"23.CONVEYANCE-As defined by
sedion 2 (10) not being a transfer
charged or exempted under No. 62 :-
(a) in respect of movable property Four percenlurn of the amount
or value of the consideration as
sel forth in the instrumenl.
(bJ in respect of immovable property Eight per cenlum of the amount
or value of the consideration for
such conveyance as sel forth
therein or the market value of
the property whichever is
higher.
(c) in respect of a multi-unit house
or unit of apartmentlflatrportion
of a multistoried building or part
of such slructure to which the
provisions of the Orissa Apart- Orissa Acl 1
- ment Ownership Act, 1982 01 1984. .
apply-
(i) where the amauntor value Three per centum of the
of lhe consideration for amount.
such conveyance as set
forth therein or market value
OF the property whichever is
higher, does not exceed
rupees 5 lakhs.
8
Provided further !hat section 47-A
shall not apply to such agreement and
power of attorney.
Exemptions
Assignment of copyright under the Copyright Act, 1957, section. 18 1401 1957
(8) or (C), as the case may be, of article 23 far a consideration as set
forth in such instrument or the market value of the property,
whichever (s higher" ;
(xx) in arlicle 32, for Ihe expression "(No. 23 j" wherever it occurs in col-
umn (2), Ihe words, brackets, letter and figure "under Division (A) of .
article 23" shall be substituted ;
(xxi) in arlicle 33. for the expression "(No. 23)" appearing in column (2),
the words, brackets, letters and figure "under Division (A), (B) or (Cj,
as the case may be, of arlicle 23" shall be substituted ;
(xxii) in article 35. for the expression "(No. 23j" wherever it occurs in col-
'
umn ( 2 ) , the words, brackets, letters and figure "under Division (A).
(B) or (C), as Ihe case may be, of article 23" shall be
subslituted ;
(xxiii] after arlicle 35, the following article with its entries shall be inserted
under appropriale columns,namely :-
(1) (2)
"36. LETTER OF ALLOTMENT OF SHARES One rupee";
in any company or proposed company, or
in respect of any loan Io be raised by any
company or proposed company.
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(xxiv) in article 38, for the words I'FiRy rupees" appearing in column (2),the
words "One hundred rupees" shall be substituted ;
(xxv) in article 39, For the words "Two hundred rupees" and "Five hundred
rupees" appearing in column (2). againsl clause (a) and clause (b),
the words "Three hundred rupees" and "Six hundred rupeesnshall
' respectively be substituted ;
(xxvi) in article 40, for the expression "(No.23)" appearing in column (2),
against clause (a), Ihe words, brackets, letters and figure "under
Division (A), (8)or (C), as the case may be. of arricle 23" shall be
substiluted ;
(xxvii) in arlicle 41,-
(b) for Ihe words "Forty paise" and "Fifty paise" appearing in column
(2) against clause (b), the words "Two rupees" shall be
substituted ;
(xxviij) in arlicle 42, for the words "Twenly rupees" appearing in column (4,
the words "Thirty rupees" shall be substiluled ;
(xxix) in article 43, for the words "Seventy-five paise" and "Forty-two ru-
pees and fifty paise" appearing in column (2) against clause (a) and
clause (b), the words "One rupee" and "FiHy rupees" shall respec-
tively be qubstituted ;
(xxx) in article 44, for the words "Ten rupees" appearing in column (2),Ihe
words "Twenly rupees" shall be subs(iluted ;
(a) for the words "Twenty rupees" and "One hundred rupees"
appearing in column (2) againsl clause (a) and clause (b) of
Division A, the words "Fifly rupees" and "Two hundred rupees"
shall respectively be subslituted, and
(b) for the words "Fifty rupees" appearing in column (2) againsl
Division B, Ihe words "One hundred rupees" shall be
substituled ;
(b) for the expression "(No. 23)" appearing in column (2) against
clause (f), the words, brackets, letters and figure "under Division
( 8 ) or (C), as the case may be, of article 23" shall be
substituted ;
(a) for the expression "(No. 23)" appearing in column (2) againsl
-- clause (a), the words, brackets, letters and figure "under Division
-
(A) of article 23" shall be substituted, and
(6) for the words "Forty-two rupees" appearing in column (2) against
clause (b), Ihe words "Fifty rupees",shall be subslituted ;
(xxxiv) in arlicles 55 and 57, for the words 'Twenty-one rupees" appearing
in column (2). against clause (b), the words "One hundred rupees"
shall be substituted ;
(a) the brackets and letter "(A)" appearing at the beginning shall be
omitted,
(c) for the words "~or',y-tworupees" appearing at the end of (he edry
in column (2) against Division (B), Ihe words "One hundred ru-
pees" shall be subsliluled ;
(xxxvi) in arlicle 59, for (heexpression "(No. 23)" the words, brackets, letiers
and figure "under Division (A), of article 2 3 shall be substituled ;
(a) for Ihe words "bond of mortgage deed" appearing in the opening
portion of clause (c), the words "bond for mortgage deed" shall
be substituted, and
(b) for the expression "(No. 23)" appearing in column (21,the words,
brackets, letters and figure "under Division (A), (8) or (C), as the
case may be, of article 23" shall be substituted ;
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(xi) in article 64. for the words "Sixly-two rupees" and "Forty-two
rupees" appearing in column (2) against Division (A) and
Division (El), the words "One hundred rupees" and "Fiftyrupees''
shall respectively be substltuled ; and
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[ Received the assenl ofthe Governor on the 31st March, 2004, first published in an
Extraordinary issue of (he Orissa Gazette daled the 20th April, 2004 (No. 581)]
I Short We. 1. This Act may be called the Indian Stamp (Orissa Amendment)
I Act, 2003.
I .
GOVERNMENT OF ORISSA
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
***
NOTIFICATION
In exercise of the powers conferred under subsection (3) of section 1 of the Indian
Stamp (Orissa Amendment) Act, 2008 (Act-8 of 2009), published in the Orissa Gazette vide
No. 167 dated. 12.2.2009, the State Government do hereby appoint the 28th day of February,
2009, to be the date on which the said Act comes into force.
By order of the Governor,
Sd/-
(G.V.V. Sarma)
28.2.2009
Commissioner-cum-Secretary to Government