The Gujarat Increase of Stamp Duties Act, 1961
Gujarat Act No. 6 of 1961
(First published, after having received the assent of the Governor in the Government Gazette on the 31st March, 1961.)
An Act to provide for increase in certain stamp duties leviable under the Bombay Stamp Act, 1958.
It is hereby enacted in the Twelfth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Gujarat Increase of Stamp Duties Act, 1961.
(2) It shall some into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Increase in stamp duties. - In requires-
Notwithstanding anything contained in the Bombay Stamp Act, 1958 (Bombay LX of 1958) (hereinafter referred to as "the principal Act"), the amount of the stamp duty chargeable under the principal Act in respect of the instruments mentioned in Schedule I thereof and specified in the Schedule to this Act shall be increased by ten per cent:
Provided that when the amount of the increased duty so chargeable on any instrument cannot be expressed in a whole number of naye paise it shall be rounded off to the next higher naya paisa if the fraction be half or more; and if the fraction be less than half it shall be disregarded.
3. Insertion of new section 11A in Bombay LX of 1958. - After section 11 of the principal Act, the following section shall be inserted, namely:-
"11A. Notwithstanding anything contained in the other provisions of this Act, in the case of instruments specified in the Schedule to the of Gujarat Increase of Stamp Duties Act, 1961 (Gujarat VI of 1961), adhesive stamps may be used to such extent as the State Government may by notification in the Official Gazette direct.".
4. Provisions of principal Act so far as not inconsistent to apply for purposes of this Act. - The provisions of the principal Act sliall, except in so far as they are inconsistent with anything herein contained, apply for the purposes of this Act.
(Vide Section 2)
Instruments Mentioned in Schedule I to the Principal Act and Chargeable with Increased Duty Under the Entries Therein
(1) Every Agreement and Memorandum of an agreement chargeable under entry 5.
(2) Every Bond-chargeable under entry 13 and every other instrument chargeable with the same duty as a Bond.
(3) Every Clearance List chargeable under any of the entries 19, 20, 21, 22 or 23.
(4) Every Conveyance chargeable under entry 25 and every other instrument chargeable with the same duty, as a Conveyance.
(5) Every Note or Memorandum chargeable under entry 43.