Duties by whom payable.

§29

Summary

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 Schedule I, namely:-- No. 2. (Administration Bond), 1[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),] No. 13 (Bill of exchange), No. 15 (Bond), No. 16 (Bottomry Bond), No. 26 (Customs Bond), 2* * * * * No. 32 (Further charge), No. 34 (Indemnity-Bond), No. 40 (Mortgage-deed), No. 49 (Promissory-note), No. 55 (Release), No. 56 (Respondentia Bond), No. 57 (Security-bond or Mortgage-deed), No. 58 (Settlement), 3* * * * * 4* * * * * No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),-- by the person drawing, making or executing such instrument: 5[(b) in the case of a policy of insurance other than fire-insurance---by the person effecting the insurance; (bb) in the case of a policy of fire-insurance--by the person issuing the policy;] (c) in the case of a conveyance (including re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease---by the lessee or intended lessee: (d) in the case of a counterpart of a lease---by the lessor; (e) in the case of an instrument of exchange 6[including swap]--by the parties in equal shares, (f) in the case of a certificate of sale---by the purchaser of the property to which such certificate relates; 7*** (g) 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. 8[(h) in the case of sale of security through stock exchange, by the buyer of such security; (i) in the case of sale of security otherwise than through a stock exchange, by the seller of such security; (j) in the case of transfer of security through a depository, by the transferor of such security; (k) in the case of transfer of security otherwise than through a stock exchange or depository, by the transferor of such security; (l) in the case of issue of security, whether through a stock exchange or a depository or otherwise, by the issuer of such security; and (m) in the case of any other instrument not specified herein, by the person making, drawing or executing such instrument.] STATE AMENDMENT Uttarakhand.-- Amendment of section 29.--In Section 29 of the Principal Act,-- (a) In clause (a), after the words (and figures, "No. 40 (Mortgage deed))," the words (and figures "No. 43 (Note or memorandum))," shall be inserted; (b) after clause (f), the following clause shall be inserted, namely,-- "'(f-f) in the case of an Instrument of Gift by the donee;" [Vide Uttarakhand Act 1 of 2016, s. 4]

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 Schedule I, namely:-- No. 2. (Administration Bond), 1[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),] No. 13 (Bill of exchange), No. 15 (Bond), No. 16 (Bottomry Bond), No. 26 (Customs Bond), 2* * * * * No. 32 (Further charge), No. 34 (Indemnity-Bond), No. 40 (Mortgage-deed), No. 49 (Promissory-note), No. 55 (Release), No. 56 (Respondentia Bond), No. 57 (Security-bond or Mortgage-deed), No. 58 (Settlement), 3* * * * * 4* * * * * No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),-- by the person drawing, making or executing such instrument: 5[(b) in the case of a policy of insurance other than fire-insurance---by the person effecting the insurance; (bb) in the case of a policy of fire-insurance--by the person issuing the policy;] (c) in the case of a conveyance (including re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease---by the lessee or intended lessee: (d) in the case of a counterpart of a lease---by the lessor; (e) in the case of an instrument of exchange 6[including swap]--by the parties in equal shares, (f) in the case of a certificate of sale---by the purchaser of the property to which such certificate relates; 7*** (g) 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. 8[(h) in the case of sale of security through stock exchange, by the buyer of such security; (i) in the case of sale of security otherwise than through a stock exchange, by the seller of such security; (j) in the case of transfer of security through a depository, by the transferor of such security; (k) in the case of transfer of security otherwise than through a stock exchange or depository, by the transferor of such security; (l) in the case of issue of security, whether through a stock exchange or a depository or otherwise, by the issuer of such security; and (m) in the case of any other instrument not specified herein, by the person making, drawing or executing such instrument.] STATE AMENDMENT Uttarakhand.-- Amendment of section 29.--In Section 29 of the Principal Act,-- (a) In clause (a), after the words (and figures, "No. 40 (Mortgage deed))," the words (and figures "No. 43 (Note or memorandum))," shall be inserted; (b) after clause (f), the following clause shall be inserte d, namely,-- "'(f-f) in the case of an Instrument of Gift by the donee;" [Vide Uttarakhand Act 1 of 2016, s. 4]

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