Subject to the provisions of this Act and the exemptions contained in the Schedule, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefor, respectively, that is to say,-
(a) every instrument mentioned in that schedule which, not having been previously executed by any person, is executed in the territories of the4[State of Karnataka] on or after the commencement of this Act; and
(b) every instrument mentioned in that schedule which, not having been previously executed by any person, is executed out of the3[State of Karnataka] on or after that day, relates to any property situate, or to any matter or thing done or to be done, in the territories of the4[State of Karnataka] and is received in the territories of the4[State of Karnataka]:
Provided that no duty shall be chargeable in respect of,-
(1) any instrument executed by, or on behalf of, or in favour of, the1[State Government] in cases where, but for this exemption, the1[State Government] would be liable to pay the duty chargeable in respect of such instrument;
2[Explanation.- Where no proper duty has been paid on the original of an instrument which is chargeable with an amount indicated in the Schedule as proper duty therefor, then a copy of such instrument whether certified or not and whether a facsimile image or otherwise of the original shall be chargeable with duty of an amount which is indicated in Schedule as proper duty for the original of such instrument, and all the provisions of this Chapter and Chapters IV, VI, VII and VIII of this Act shall mutatis mutandis be applicable to such copy of the original.]
(2) any instrument for sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under3[the Merchant Shipping Act, 1958].
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1. Substituted for the word "Government" by Act No. 17 of 1966 (15-11-1966)
2. Explanation Inserted by Act No. 24 of 1999, dated 18-8-1999.
3.Sub stituted by Act No. 29 of 1962 w.e.f. 1-10-1962
4. Adapted by the Karnataka Adaptations of Laws Order, 1973 dated 11-1-1973.