­ In this Act, unless the context otherwise requires:­

(a) “bond” includes:­ 

(i)  any instrument  where by 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; 

(ii)  any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and

(iii) any instrument so attested, whereby a person obliges  himself to deliver grain or other agricultural produce to another; 

(b) “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 I the territories  of the State of Kerala  when such instrument was executed, or, where several persons executed the instrument at different times, first executed; 

(c) “Collector”  means  the  Chief Officer in charge  of the Revenue  Administration of a District; and includes any other officer whom the Government may, by notification in the Gazette, appoint in this behalf; 

(d) “Conveyance” includes a conveyance on sale and every instrument by which property,  whether movable, or immovable is transferred inter  vivos and which is not  otherwise  specifically provided for by the Schedule; 

(e) “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  territories of the State of Kerala; 

(f) “Executed”  and “Execution”  used with reference to instruments, mean “signed”  and “Signature”. 

(ff) “fair value of land” means the fair value of land fixed under section 28A 1

(g) “Government  Security” means  a  Government  Security as  defined in the Public Debt Act, 1944 (Central Act 18 of 1944); 

(h) “impressed stamp” includes ­ ­

(i)  labels affixed and impressed by the proper officer; and

(ii) stamps embossed or engraved on stamped paper; 

(i) “India” means the territory of India excluding the State of Jammu and Kashmir; 

(j) “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, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt; 2

(k) “Instrument of Partition” means  any instrument  whereby co­owners  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; 

(l) “Lease” means a lease of immovable property, and includes also:­

(i)  Marayapattom; 

(ii)  Kanapattom; 

(iii) an agreement or other undertaking in writing not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for immovable property; 

(iv) an agreement  or other undertaking in writing,  executed by the renters  of abkari  and opium farms; 

(v) any instrument by which tolls of any description are let; 

(vi)  any writing on an application for a lease intended to signify that the application is granted; and

(vii)  a patta. 

(m) “Marketable Security” means a security of such a description as to be capable of being sold in any stock market in India; (mm) [x x x]3

(n) “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; 

(o) “Paper” includes vellum, parchment or any other material on which an instrument may be written; 

(p) “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; 

(q) “Settlement”  means  any non­testamentary disposition in writing,  of movable or immovable property made ­ ­

(i)  in consideration of marriage, 

(ii)  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

(iii) 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);

(r) “Vessel” means anything for the conveyance, by water, of human beings or property.

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Footnote :

1. Inserted by Kerala Finance Act, 1994 (Act 19 of 1994 ) with effect from 1­4­1994. 
2. Instruments of any of the kinds mentioned in Schedule I of the Act is taxable under the item of schedule under which it falls. Rectification deeds are not instruments and rectifications rectifying clerical errors are not taxable to duty. R. Dis 10620/65/LR dated 30­3­1965 of Board of Revenue, Kerala.
3. Inserted by Act 14 of 1988 “(mm) minimum value of land means the minimum value of land fixed by the Collector under Section 28A, by notification in the Gazette or the consideration paid for such land as  set for the in the instrument whichever is higher”. This insertion was deleted by Act 16 of 1991. This was  operative from 9­2­1988 to 10­1­1991 Kerala Gazette – Extra – ordinary No. 506, Dated 11­4­1991.