Bare ActsThe KARNATAKA STAMP ACT, 1957

Section 30

Duties by whom payable

Amendment status not verified — confirm the current text below against the official source.

Duties by whom payable.- In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,— (a) in the case of any instrument described in any of the following Articles of the Schedule, namely No. 2 (Administration Bond), No. 6 (Agreement relating to deposit of title deeds, pawn or pledge) No. 12 (Bond), No. 13 (Bottomry Bond), No. [23] (Customs Bond), No. [27] (Further Charge), No. [29] (Indemnity Bond), No. [34] (Mortgage Deed), No. [45] (Release), No. [46] (Respondentia Bond), No. [47] (Security Bond or Mortgage Deed). No. [48] (Settlement), No. [52] (a)(Transfer of Debentures, being marketable securities, whether the debenture is liable to duty or not), 5[No.[52] (b) (Transfer of any interest secured by a bond, mortgage deed or policy of insurance), No. [56] (if relating to paper bank guarantee and e-bank guarantee).-]5 (b) in the case of a conveyance (including a reconveyance 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 lease—by the lessor; 3[(ca) in the case pf power of attorney by the principal;]3 (d)in the case of an instrument of exchange—by the parties in equal shares; 2[(dd) in the case of a certificate of enrolment in the roll of advocates maintained by the State Bar Council—by the Advocate enrolled;]2 (e) in the case of a certificate of sale—by the purchaser of the property to which such certificate relates; and (f) in the case of an instrument of partition—by the parties thereto in proportion to their respective shares 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 arbitrator directs. 4[―(g) in the case of an acknowledgement of debt [Art. 1(i)] - by the Debtor; (h) in the case of an acknowledgement of a letter, article, etc., [Art. 1(ii)] - by the Person owning the letter, article etc.,; (i) in the case of an adoption deed [Art.3]- by the adopter; 36 (j) in the case of an affidavit [Art.4] - by the executant; (k) in the case of an agreement for sale of bill of exchange [Art.5(a)]- by the Purchaser; (l) in the case of an agreement for purchase or sale of a Government security [Art.5(b)]- by the purchaser; (m) in the case of an agreement for purchase or sale of shares, stocks [Art.5(c)]- by the purchaser; (n) in the case of an agreement for transaction of lease-cum- sale[Art.5(d)] - by the lessee; (o) in the case of any instrument of lease-cum-sale effected by the Bengaluru Development Authority or the Karnataka Housing Board [Art.5 (da)] - by the Lessee; (p) in the case of agreement for sale of immovable property [Art.5(e)] - by the purchaser; (q) in the case of agreement for construction or development of an immovable property [Art.5(f)] - by the developer; (r) in the case of agreement for sale of movable property [Art. 5(g)]- by the purchaser; (s) in the case of agreement to mortgage [Art. 5(h)]- by the mortgager; (t) in the case of contract between the Depository Participant and client for opening de-mat account [Art.5 (i)] - by the client; (u) in the case of agreement relating to contract between stock broker or sub broker and client (principal) for Stock Market operations [Art. 5 (i-a)] - by the client; (v) in the case of agreement relating to advertisement or telecasting or broadcasting of programs for promotion and development of business [Art.5(i-b)] - by the advertiser; (w) in the case of agreement relating to assignment or transfer of intellectual property rights [Art.5(i-c)] - by the assignee; (x) in the case of agreement relating to building works or labour or services (works contracts) [Art.5 (i-d)] - by the person entrusting the works or availing the services; (y) in the case of chit agreement [Art.5(i-e)] - by the chitster; (z) in the case of agreement if not otherwise provided for [Art.5(j)] - by the executant; (za) in the case of appointment in execution of a power [Art.-7] - by the executant; (zb) in the case of appraisement or valuation [Art.-8] - by the person availing the services; (zc) in the case of apprenticeship deed [Art.-9] - by the apprenticee; (zd) in the case of articles of association of a company [Art.-10] - by the company; (ze) in the case of award [Art.-11] - by the awardee; (zf) in the case of cancellation of instruments [Art.-14] - by the executant; (zg) in the case of certificate or other document evidencing the title of the holder thereof or any other person, either to any share, scrip or stock [Art.-16]- by the company issuing share, scrip or stock; (zh) in the case of charter-party [Art.-18]- by the charterer or shipper; (zi) in the case of clearance list [Art.18-A]- by the investors; (zj) in the case of composition deed [Art.19]- by the debtor; (zk) in the case of copy or extract [Art.21]- by the applicant; (zl) in the case of counterpart or duplicate [Art.22]- by the person who paid the stamp duty on the original document; (zm) in the case of delivery order in respect of goods [Art.24] - by the importer; (zn) in the case of divorce deed of marriage [Art.25]- by the divorcer; (zo) in the case of gift deed [Art.28]- by the donee; (zp) in the case of letter of allotment of shares, in any company [Art.31]- by the company; (zq) in the case of letter of licence [Art.32] - by the debtor; (zr) in the case of licence of immovable or moveable property [Art.32-A] - by the licensee; (zs) in the case of memorandum of association of a company [Art.33] - by the company; (zt) in the case of mortgage of a crop [Art.35] - by the mortgagor; (zu) in the case of Notarial act [Art.36] - by the applicant; (zv) in the case of Note or Memorandum or record of transactions (electronic or otherwise) - Sent by a broker or agent [Art.37]- by the Investors; (zw) in the case of Note of protest by the master of a ship [Art.38]- by the charterer or shipper or the consignee or the importer as the case may be; (zx) in the case of partnership- instrument of constitution [Art.40(A)] - by the partnership firm; (zy) in the case of partnership- instrument of reconstitution [Art.40(B)] - by the partnership firm; (zz) in the case of partnership – instrument of dissolution [Art.40-(C)(a)] - by the outgoing partner to whom the property is allotted; (zza) in any other case [Art.40-(C)(b)]- by the partnership firm; (zzb) in the case of limited liability partnership [Art.40-A]- by the limited liability partnership; (zzc) in the case of protest of bill or note [Art.42] - by the beneficiary; 37 (zzd) in the case of protest by the master of a ship [Art.43]- by the charterer or shipper or the consignee or the importer as the case may be; (zze) in the case of share warrants, to bearer issued under the Companies Act. [Art.49]- by the company; (zzf) in the case of shipping order [Art.50]- by the shipper; (zzg) in the case of surrender of lease [Art.51]- by the lessee; (zzh) in the case of transfer- of any property under section 25 of the Administrator General Act, 1963 [Art.52-(c)]- by the beneficiary; (zzi) in the case of transfer- of any trust property [Art.52-(d)]- by the trust or trustee or beneficiary as the case may be; (zzj) in the case of transfer of lease [Art.53] - by the transferee; (zzk) in the case of transfer of licence [Art.53-A]- by the transferee; (zzl) in the case of Trust- declaration of or concerning, any property [Art.54]- by the author of the Trust; and (zzm) in the case of warrant for goods [Art.55]- by the owner of the goods;‖]4

Section 30 – The KARNATAKA STAMP ACT, 1957 | DailyLaw.ai