Section 2(xs) of The Uttar Pradesh Stamp Act, 2008 — Definitions

In this Act, unless the context otherwise requires,— (1) "Banker" includes a bank and any person acting as a banker; (2) "Bill of exchange" means a bill of exchange as defined by the Negotiable Instruments Act, 1881 (Act No. 26 of 1881), and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money; (3) "Bill of exchange payable on demand" includes— (a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; (b) an order for the payment of any sum of money weekly, monthly or at any other stated periods; and(c) a letter of credit, that is to say, any instrument by which one person authorizes any other person to give credit to the person in whose favour it is drawn; (4) "Bill of lading" includes a "through bill of lading", but does not include a mate's receipt; (5) "Bond" includes— (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another; (6) "Chargeable" means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in the State when such instrument was executed; (7) "Cheque" means a cheque as defined by the Negotiable Instruments Act, 1881, and includes also any quasi-negotiable instrument (including dividend warrant) entitling or purporting to entitle any person to payment by any banker of any sum of money; (8) "Collector" means— (a) the Collector of a district; (b) any officer whom the State Government may, by notification in the Gazette, appoint in this behalf; (9) "Conveyance" includes—(i) a conveyance on sale;(ii) every instrument by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person inter vivos and which is not otherwise specifically provided for by Schedule I, I-B or I-C, as the case may be; (10) "Counterpart" means the duplicate or copy of an instrument used in the transaction, where the instrument is liable to stamp duty and is retained by the other party; (11) "Delivery order in respect of goods" means any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods specially defined or lying in any dock, warehouse, or in possession of any wharfinger or carrier; (12) "Die" includes any plate, type, tool or implement whatever used under the direction of the State Government for expressing or denoting any duty, or rate of duty, or the fact that any duty or rate of duty or penalty has been paid, or that an instrument is duly stamped; (13) "Duty" means any stamp duty payable under the Act; (14) "Executed" and "execution", used with reference to instruments, mean "signed" and "signature"; (15) "Impressed stamp" includes— (a) labels affixed and impressed by the proper officer; (b) stamps embossed or engraved on stamped paper; (16) "Instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded: Provided that the document is not a bill, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy, or receipt; (17) "Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue Authority or any Civil Court and an award by an arbitrator directing a partition; (18) "Lease" means a lease of immovable property, and includes also— (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property;(c) any instrument by which tolls of any description are let;(d) any writing on an application for a lease intended to signify that the application is granted; (19) "Mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right in or over specified property; (20) "Paper" includes vellum, parchment or any other material on which an instrument may be written; (21) "Policy of Insurance" includes a policy of insurance with respect to any property or interest or any life, or personal accident or any other risk, including a re-insurance policy; (22) "Power of attorney" includes any instrument (not chargeable with a fee under the law relating to Court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it; (23) "Promissory note" means a promissory note as defined by the Negotiable Instruments Act, 1881; (24) "Property" means property movable or immovable; (25) "Receipt" includes any note, memorandum or writing whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or whereby any other movable property is acknowledged to have been received in satisfaction of a debt; (26) "Settlement" means any non-testamentary disposition, in writing, of movable or immovable property made— (a) in consideration of marriage; (b) for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or for religious or charitable purpose; (27) "Soldier" includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act, 1950 (Act No. 46 of 1950); (28) "Stamp" means any mark, seal or endorsement by any agency or person duly authorized by the State Government, and includes an adhesive or impressed stamp, or a digital or electronic stamp, for the purposes of duty chargeable under this Act. (1) "Instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, promissory note, cheque, hundi, bill of lading, letter of credit, policy of insurance, transfer of shares, debenture, proxy and receipt. (2) "Officer-in-charge" means the person appointed by the State Government for the purpose of the act, and includes any other person authorized by the State Government for the purposes of this act. (3) "Public Officer" includes every person described in Section 2(17) of the Code of Civil Procedure, 1908. (4) "Stamp" means any mark, seal or endorsement by any agency or person duly authorized by the State Government, and includes an adhesive or impressed stamp for the purposes of duty chargeable under the Act. (5) "Stamp Vendor" means a person appointed by the State Government for the sale of stamps. In this Act, unless there is anything repugnant in the subject or context,-(i) "association"- means any association, exchange, organization or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling or conducting business of the sale or purchase of, or making any other transaction relating to, any goods or marketable securities;(ii) "banker" means an association, a company or a person who accepts for the purpose of lending or investment deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, pay-order or otherwise;(iii) "bond"- includes, (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another. Explanation: Notwithstanding anything to the contrary contained in any other law for the time being in force, for the purposes of this clause, "attested" in relation to an instrument means attested by one or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant or has received from the executant a personal acknowledgement of his signature or mark or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary for more than one of such witnesses to have been present at the same time, and no particular form of attestation shall be necessary. In this Act, unless there is anything repugnant in the subject or context,- "association" means any association, exchange, organization or body of individuals, whether incorporated or not, established for the purpose of regulating and controlling or conducting business of the sale or purchase of, or making any other transaction relating to, any goods or marketable securities; "banker" means an association, a company or a person who accepts for the purpose of lending or investment deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, pay-order or otherwise ;(iii) "bond" includes- (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if specified act is performed, or is not performed, as the case may be; (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and(c) any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another. Explanation: Notwithstanding anything to the contrary contained in any other law for the time being in force, for the purposes of this clause, "attested" in relation to an instrument means attested by one or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant or has received from the executant a personal acknowledgement of his signature or mark or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant: but it shall not be necessary that more than one of the such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;(iv) "Chargeable" means, as applied to an instrument executed, or first executed after the commencement of this Act, chargeable under this bill, and, as applied to any other instruments, chargeable under the law in force in the State when such instrument was executed or, where several persons executed the instrument at different times, first executed. "Chief Controlling Revenue Authority" means a member of the Board of Revenue, a Divisional Commissioner or an Additional Divisional Commissioner or an officer of the Stamp Department not below the rank of Deputy Commissioner of Stamps and any such officer as the State Government may, by notification in the Gazette, appoint in this behalf for the whole or any part of the State; "Clearance List" means a list of transactions relating to contracts required to be submitted to the Clearing House of an Association in accordance with the rules or bye-laws of the Association: Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains the following declaration signed by the persons dealing in such transactions or on his behalf by a properly constituted attorney, namely :- "I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye laws of the Association. I/We further declare that no transaction, for which an exemption is claimed under clause (b) of Article 5 (Agreement or its records or memorandum of an agreement) or Article 44 (Note or Memorandum) of the Schedule of this Act, as the case may be, is omitted." Explanation: Transaction for the purpose of this clause shall include both sale and purchase. "Collector" means the Chief Officer in-charge of Revenue Administration of a District and includes any officer whom the State Government may, by notification in the Gazette appoint in this behalf: and on whom any or all the powers of the Collector exercisable under this bill are conferred either by such notification or by any other like notification. "Conveyance" includes- (a) conveyance on sale, or (b) every instrument, or(c) every decree or final order of any Civil or Revenue Court,(d) every order made by the High Court under section 394 of the Companies Act, 1956 (Act no. 1 of 1956) in respect of the amalgamation or reconstruction of Companies, or (e) every order made by the Reserve Bank of India under section 44-A of the Banking Regulation Act, 1949 (Act no. 10 of 1949) in respect of the amalgamation or reconstruction of banking companies, (f) transfer of share by co-operative housing societies in immovable property of an existing member of such society in favour of an incoming person by means of issuance of new share certificate or by endorsement on the share certificate of the existing member in favour of the incoming person, by which property whether movable or immovable is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by the Schedule. Explanation - Notwithstanding anything to the contrary contained in any other provisions of this bill or any other law for the time being in force, the following instruments shall, for the purpose of this clause, be deemed to be an instrument by which property is transferred inter vivos -(i) An instrument whereby a co-owner, of a property having defined share therein, transfers such share or part thereof to another co-owner of the property; or(ii) An instrument whereby a partner transfers his share in the property of the partnership business to another partner or to other partners whether separately or together with the transfer of other business or assets on retirement or dissolution, or whereby he contributes to the capital of partnership firm by transferring his right and title to, or interest in any property; or(iii) An instrument whereby the property of an incorporated company or body corporate is transferred by transfer of its equity shares to another incorporated company or body corporate, or a person or a group of persons. "Duly stamped" as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the State. "Executed" and "execution" used with reference to instruments, mean "signed" and "signature". Explanation- The terms "signed" and "signature" also include attribution of electronic record as provided under section 11 of the Information Technology Act, 2000, (Act no. 21 of 2000).(x) "Government Security" means a Government Security as defined in the Public Debt Act, 1944, (Act no. 18 of 1944);(xii) "Immovable Property" includes land, buildings, hereditary allowances, right of way, lights, ferries, fisheries, or any other benefit arising out of land and things attached to the earth or permanently fastened to anything attached to the earth but does not include standing timber, growing crops or grass, fruit upon or juice in trees, or beneficial interest of a beneficiary in a trust property.(xiii) "Impressed stamp" includes- (a) labels affixed and impressed by the proper officer, and (b) stamps embossed and engraved on stamped paper,(c) impression by franking machine, e-stamping or any other such machine as the State Government may by notification in the Gazette specify, or(d) any mark, seal or endorsement by any agency or person duly authorized by the State Government by notification in the Gazette.(xiv) "Instrument" includes every document and record created or maintained in or by an electronic storage and retrieval device, media or electronic record, as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (Act no. 21 of 2000), by which any right or liability is, or purports to be, created, transferred, limited, extended, vested, extinguished or recorded but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt.(xv) "Instrument of Gift" includes an instrument whether by way of declaration or otherwise, the making or accepting of an oral gift.(xvi) "Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and also includes- (a) a final order for effecting a partition passed by any Revenue Authority, or any Civil Court; (b) an award by an arbitrator directing partition; and(c) when any partition is effected without executing any such instrument, any instrument or instruments, signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners.(xvii) "Lease" means a lease of movable or immovable property, and includes- (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for immovable property;(c) any instrument by which tolls of any description are let;(d) any writing on an application for a lease intended to signify that the application is granted; (e) any instrument by which mining lease is granted in respect of minor minerals as defined in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957, (Act no. 67 of 1957); (f) a decree or final order of any Civil or Revenue Court in respect of a lease; "Marketable security" means a security of such a description as to be capable of being sold in any stock market in India. "Market value" Market value of property means the value as determined on the basis of the rates fixed by the Collector or the consideration as set forth in the instrument, whichever is higher.(xiv) "Instrument" includes every document and record created or maintained in or by an electronic storage and retrieval device, media or electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (Act no. 21 of 2000), by which any right or liability is or purports to be created, transferred, limited, extended, vested, extinguished or recorded but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt.(xv) "Instrument of Gift" includes an instrument whether by way of declaration or otherwise, the making or accepting of an oral gift.(xvi) "Instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and also includes— (a) a final order for effecting a partition passed by any Revenue Authority, or any Civil Court; (b) an award by an arbitrator directing partition; and(c) when any partition is effected without executing any such instrument, any instrument or instruments, signed by the co-owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the co-owners.(xvii) "Lease" means a lease of movable or immovable property, and includes— (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for immovable property;(c) any instrument by which tolls of any description are let;(d) any writing on an application for a lease intended to signify that the application is granted; (e) any instrument by which mining lease is granted in respect of minor minerals as defined in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act no. 67 of 1957); (f) a decree or final order of any Civil or Revenue Court in respect of a lease. "Marketable security" means a security of such a description as to be capable of being sold in any stock market in India. "Market value" Market value of property means the value as determined on the basis of the rates fixed by the Collector or the consideration as set forth in the instrument, whichever is higher.(xx) "Mortgage-deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers or creates to, or in favour of, another, a right over or in respect of specified property;(xxi) "Paper" includes vellum, parchment or any other material on which an instrument may be written.(xxii) "Power-of-attorney" includes any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a specific person to act for and in the name of the person executing it.(xxiii) "Public Officer" means a Public Officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908 (Act no. 5 of 1908) and includes every officer working in connection with the affairs of any of the following organizations, namely;— any statutory body or authority constituted under any Uttar Pradesh Act: a "Financing Bank" or "Central Bank" as defined in clause (k) of Section 2 of the Uttar Pradesh Co-operative Societies Act, 1965 (Act no. 11 of 1966);(xxiv) "Settlement" means any non-testamentary disposition in writing, of movable or immovable property made,— in consideration of marriage; for the purpose of distributing property of the settler among his family, or those for whom he desires to provide, or for the purpose of providing for some person dependent on him; or for any religious or charitable purpose; and includes an agreement in writing to make such a disposition, and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition.(xxv) "Schedule" means the Schedule appended to this Act.(xxvi) "Soldier" includes any person below the rank of non-commissioned officer, who is enrolled under the Army Act, 1950 (Act no. 46 of 1950).(xxvii) "Stamp" means any mark, seal or endorsement by any agency or person duly authorised by the State Government and includes an adhesive or impressed stamp, for the purpose of duty chargeable under this Act.(xxviii) The expressions "Common roll" and "State Roll" shall have the meanings assigned to them in the Advocates Act, 1961 (Act no. 25 of 1961).(xxix) The words and expressions not defined in this bill but defined in the Indian Stamp Act, 1899 (Act no. 2 of 1899) shall have the meaning assigned to them in the said Act of 1899.