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THE [KHYBER
PAKHTUNKHWA] FINANCE
ORDINANCE, 2002. [KHYBER
PAKHTUNKHWA] ORDINANCE NO.
XXIII OF 2002. CONTENTS PREAMBLE SECTIONS 1.
Short title, extent and
commencement. 2.
Amendment of Act II of 1899. 3.
Amendment of section 7 of
[Khyber
Pakhtunkhwa] Act IV of 1990. 4.
Tax on hotels. [5. Power to make rules.] SCHEDULE
THE [KHYBER
PAKHTUNKHWA] FINANCE
ORDINANCE, 2002. [KHYBER
PAKHTUNKHWA] ORDINANCE
NO. XXIII OF 2002. [29th
June, 2002.] AN ORDINANCE to revive and modify certain taxes and duties in the [Khyber
Pakhtunkhwa]. WHEREAS it is expedient to revive and modify certain
taxes and duties in the [Khyber Pakhtunkhwa]; AND WHEREAS the Governor of the [Khyber Pakhtunkhwa] is satisfied that circumstances exist
which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of
Emergency of the fourteenth day of October, 1999, as amended uptodate, and the
Provisional Constitution Order No. 1 of 1999, read with Article 4 of the
Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of
all powers enabling him in that behalf, the Governor of the [Khyber Pakhtunkhwa] is
pleased to make and promulgate the following Ordinance: 1. Short title, extent
and commencement.—(1) This Ordinance may be called the [Khyber Pakhtunkhwa]
Finance Ordinance, 2002. (2) It shall
extend to whole of the [Province of the Khyber
Pakhtunkhwa]. (3) It shall come into force on the 1st day
of July, 2002. 2.
Amendment of Act II of 1899.—In the Stamp Act, 1899 (II of
1899), for Schedule I, the Schedule specified in Appendix I to this Ordinance
shall be substituted. 3.
Amendment of section 7 of [Khyber Pakhtunkhwa] Act IV of 1990.—In the [Khyber Pakhtunkhwa]
Finance Act, 1990 ([Khyber Pakhtunkhwa] Act
No. IV of 1990), in section 7, for the existing Table, the Table specified in
Appendix II to this Ordinance shall be substituted. 4.
Tax on hotels.—There
shall be levied and collected every year a tax on hotels, payable by the owner
or management thereof at the rate of [ten per cent] of the room rent per lodging
unit per day, on the basis of fifty per cent of the total number of lodging
units available in the hotel concerned; provided that the assessment in
relation to a hotel at a hill station shall be made at the aforesaid rate for [six months only in a year, that is from 1st day of April to 30th day of September (both days inclusive):] [Provided further that hotel in Kaghan valley of the
Khyber Pakhtunkhwa shall be exempted from tax for a period starting from 1st
July, 2010 to 30th June, 2012.] Explanation.—In
this section, unless there is anything repugnant in the subject or context,- (a) "hotel"
means an establishment where lodging with board or other service is provided
for a monetary consideration, but shall not include— (i) any home or
hostel maintained exclusively for aged or sick persons, or, as the case may be,
for students, by or under the control of a charitable, medical or educational
institution; (ii) any rest house,
mess or other premises belonging to or in the possession of the Federal or a
Provincial Government, where lodging, board or other service is provided for
Government officials or members of the Defence Forces; (b)
"lodging unit”
means a bed or other sleeping accommodation which is, or is intended to be,
provided to a person staving over night in a room for lodging; and (c)
"room rent"
includes fans, air-conditioning, light, heat, telephone, bedding and all other
payments connected with the lodging unit, except the portion, if any, directly attributable
to supply of foodstuff. [5. Power
to make rules.---Government
may make rules to carry out the purposes of this Ordinance.]
APPENDIX I [See section 2] "SCHEDULE-I STAMP DUTY ON INSTRUMENTS [SEE SECTION 3]
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Article No.
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Description of
instrument
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Proper Stamp
Duty
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1.
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ACKNOWLEDGEMENT
of a debt exceeding twenty rupees in amount of value, written or signed by,
or on behalf of, a debtor in order to supply evidence of such debt in any
book other than a banker's pass-book or on a separate piece of paper when
such book or paper is left in the creditor's possession; provided that such
acknowledgement does not contain any promise to pay the debt or any
stipulation to pay interest or to deliver any goods or other property-
(a) where such amount does not exceed Rs. 100;
(b) where such amount exceeds Rs. 100/-
but does not exceed Rs. 2,000.
(c) where such amount exceeds Rs. 2,000.
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Three
Rupees
Four
Rupees
Eight
Rupees
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2.
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ADMINISTRATION BOND, including a bond given under section 291,
375 and 376 of the Succession Act, 1925, section 6 of the Government Saving
Banks Act, 1873-
(a) where the amount does not exceed Rs. 1000;
(b) in any other case.
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The same duty as on a Bond
(No. 15) on such amount
One
hundred and twenty five rupees.
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3.
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ADOPTION-DEED, that is to say, any instrument (other than a
will) recording an adoption or conferring or purporting to confer any
authority to adopt.
ADVOCATE
See ENTRY AS AN ADVOCATE
(No. 30)
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One
hundred and twenty five rupees.
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4.
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AFFIDAVIT, including an affirmation or declaration in the case
of persons by law allowed to affirm or declare instead of swearing.
EXEMPTIONS
Affidavit or declaration in writing when made:-
(a) as a condition of enrolment under the
Indian Army Act, 1911 or the Pakistan
Army Act, 1952 or the Indian Air Force
Act, 1932 or the Pakistan Air Force Act,
1953;
(b) for the immediate purpose of being filed or used in any Court or
before the officer of any Court; or
(c) for the sole purpose of enabling any person
to receive any
pension or charitable allowance.
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Twenty five rupees.
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5.
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AGREEMENT
OR MEMORANDUM OF AN AGREEMENT—
(a) To execute work—
(i) where the amount
of contract does not exceed fifty thousand rupees;
(ii) where the amount exceeds fifty thousand rupees but does not
exceed five hundred thousand rupees;
(iii) where the amount exceeds five hundred thousand rupees but
does not exceed one million rupees;
(iv) where the amount exceeds one million rupees but does not
exceed five million rupees;
(v) where the amount exceeds five million rupees.
(b) To procure Stores and Materials.
(c) If relating to the sale of a bill of exchange.
(d) If relating to the sale of Government
security.
(e) If relating to the sale of a share in an
incorporated company or other body corporate.
(f)
If not otherwise
provided for.
EXEMPTIONS
(a) Agreement or Memorandum of an agreement for or relating to the
purchase or sale of goods or merchandise exclusively, not being a NOTE or
MEMORANDUM chargeable under No.43;
(b) Made in the form of tenders to the Federal Government for or
relating to any loan.
AGREEMENT
TO LEASE, see LEASE (No. 35)
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Two
hundred and fifty rupees.
One thousand two hundred
and fifty rupees.
One
thousand eight hundred and fifty rupees
Six
thousand two hundred and fifty rupees.
Eighteen thousand seven hundred and fifty rupees.
One
rupee for every
Rs. 100.00 or part thereof of the amount of the contract.
Three
rupees.
Two rupees for every 10,000 rupees or part thereof of the value
of the security, subject to a maximum of fifty rupees.
Two rupees for every rupees 5000 or part thereof of the value of
the share.
Thirteen rupees.
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6.
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AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDE,
that is to say, any instrument evidencing an agreement relating to-
(1) the deposit of title-deeds or instruments
constituting or being evidence of the title to
any property whatever
(other than
marketable security), or
(2) the pawn or pledge of movable property, where such deposit, pawn
or pledge has been made by way of security for the repayment of money advanced
or to be
advanced by way of loan or an existing or future debt,—
(a)
if such loan or
debt is repayable on demand or more than three months from the
date of the instrument
evidencing the agreement.
(b)
If such loan or
debt is repayable not more than three months from the date of such
instrument.
EXEMPTION
Instrument
of pawn or pledge of goods if unattested.
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The
same duty as on a Bill of Exchange [No. 13(a)] for the amount secured.
Half the duty payable on a Bill of Exchange [No. 13(a)l for the
amount secured.
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7.
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APPOINTMENT
IN EXECUTION OF A POWER
where made by any writing not being a will-
(a) of trustees
(b) of property, movable or immovable.
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Sixty five rupees.
One hundred and twenty five rupees.
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8.
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APPRAISEMENT OR VALUATION made otherwise than under an order of
the Court in the course of a suit-
(a) where the amount does not exceed
Rs. 1,000;
(b) in any other case.
EXEMPTION
(a) Appraisement or valuation made for the information of one party
only, and not being in any manner obligatory between parties either by
agreement or operation of law.
(b) Appraisement of crop for the purpose of ascertaining the amount to be given to
a landlord as rent.
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At
the rate of four percent.
One
hundred and twenty five rupees.
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8-A
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Application made on plain paper.
(i) for redressal
of grievances
(ii) for arms
licences of non-prohibited bore.
(iii) For arms
licences of prohibited bore.
(iv) For form X and
XII prescribed under the Arms Rules.
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One
hundred and twenty five rupees.
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9.
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APPRENTICESHIP-DEED, including every writing relating to the
service or tuition of any apprentice clerk or servant, placed with any master
to learn any profession, trade or employment not being ARTICLES OF CLERKSHIP
(No. 11)
EXEMPTION
Instrument of apprenticeship executed by a Magistrate under the
Apprentices Act, 1850 or by which a person is apprenticed by or at the charge
of any public charity.
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One
hundred and twenty five rupees.
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10.
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ARTICLES OF ASSOCIATION OF A COMPANY
(a) where the company has no share capital or the nominal share
capital does not exceed Rs. 2,500;
(b) where the nominal share capital exceeds
Rs. 2,500 but does not exceed Rs. 100,000;
(c)
where the nominal
share capital exceeds
Rs. 100,000 but does not exceed
Rs. 1,000,000;
(d) where the nominal share capital exceeds
Rs. 1,000,000 but does not exceed
Rs. 50,000,000;
(e) where the nominal
share capital exceeds
Rs. 50,000,000.
EXEMPTION
Articles of any Association and not formed for profit and
registered under section 42 of the Companies Ordinance, 1984. See also
MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39),
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One
hundred and twenty five rupees.
Two
hundred and fifty rupees.
Three hundred and seventy
five rupees
One
thousand two hundred and fifty rupees.
Three thousands one
hundred and twenty five rupees.
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11.
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ARTICLES OF CLERKSHIP or contract whereby any person first
becomes bound to serve as a clerk in order to his admission as an attorney in
any High Court.
ASSIGNMENT See CONVEYANCE (No. 23), TRANSFER (No. 62) AND
TRANSFER OF LEASE (No. 63), as the case may be ATTORNEY, See entry as an
attorney (No. 30) and power of Attorney (No. 48) AUTHORITY TO ADOPT See
ADOPTION DEED (No. 3)
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Nine
hundred and fifty rupees.
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12.
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AWARD, that is to say, any decision in writing by an arbitrator
or umpire, not being an award directing a partition, on a reference made
other wise than by an order of the Court in the course of a suit.
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The same duty as on a Bond (No. 15) for the amount or value of
the property to which the award relates as set forth in such award.
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12-A
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BANK GUARANTEE that is to say the guarantee to be issued by any
schedule Bank.
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One rupee for every one hundred rupees or part thereof of the
value of the Guarantee.
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13.
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BILL, OF EXCHANGE as defined by section 2(2) not being BOND,
bank note or currency note—
(a) where payable otherwise than on demand by not more than one
year after date or sight—
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Description
of instrument Proper
Stamp
Duty
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It drawn singly.
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If
drawn in set of two, for each part of the set.
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if drawn in set of three,
for each part of the set.
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If the amount of the bill does not exceed Rs. 200.
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Thirty paisa.
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Thirteen paisa.
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Ten paisa.
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If it exceeds Rs. 200 but does not exceed Rs. 400.
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Fifty Paisa.
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Twenty
Five paisa.
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Fifteen paisa.
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If it exceeds Rs. 400 but does not exceed Rs. 600.
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Seventy five paisa.
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Forty paisa.
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Twenty
five paisa.
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If it exceeds Rs. 600 but does not exceed Rs. 800.
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One rupee.
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Fifty paisa.
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Forty
paisa.
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If it exceeds Rs. 800 but does not exceeds Rs. 1000.
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One rupee and
twenty five paisa.
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Sixty five paisa.
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Fifty paisa.
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If it exceeds
Rs.1000 but does not exceed Rs.1200.
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One rupee and fifty
paisa.
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Seventy
five paisa.
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Sixty paisa.
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If
it exceeds
Rs. 1200 but does not exceed
Rs. 1600.
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Two rupees
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One rupee
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Seventy paisa.
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If
it exceeds
Rs. 1600 but does not exceed
Rs. 2500.
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Three
rupees and twenty five paisa.
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One rupee and seventy five paisa.
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One rupee and
twenty five paisa.
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If it exceeds
Rs. 2500 but does not does exceed
Rs. 5000.
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Six
rupees and fifty paisa.
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Three rupees and fifty paisas.
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Two rupees and fifty paisa.
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If it exceeds
Rs. 5,000 but does not exceed
Rs. 7,500.
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Ten rupees.
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Four rupees and seventy five paisa.
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Three rupees and
twenty five paisa.
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If it exceeds
Rs. 7,500 but does not exceed
Rs. 10,000.
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Thirteen rupees.
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Six rupees and fifty paisa
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Four rupees and fifty paisa.
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If it exceeds
Rs. 10,000 but does not exceed
Rs. 15,000.
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Twenty rupees
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Ten rupees
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Six rupees and fifty paisa.
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If it exceeds
Rs. 15,000 but
does not exceed
Rs. 20,000.
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Twenty five rupees.
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Thirteen rupees.
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Eight rupees and fifty paisa.
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If it exceeds
Rs. 20,000 but does not exceeds
Rs. 25,000.
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Thirty five rupees.
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Sixteen rupees.
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Eleven rupees.
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If it exceeds
Rs. 25,000 but does not exceed
Rs. 30,000.
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Forty rupees.
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Twenty rupees.
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Thirteen rupees.
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and
for every additional
Rs. 10,000 or part thereof in excess of Rs. 30,000.
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Thirteen rupees.
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Seven rupees.
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Five rupees.
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(b) where payable more than one year after date or sight.
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One half of the duty payable on a Bond (No. 15) for the same
amount.
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15.
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BOND as defined by section 2(5) not being a DEBENTURE (No. 27) and
not being otherwise provided for by this Act, or by the Court Fees Act, 1870.
(a) when covered by the
category of bonds specified in
such clauses (a)
and (b) of section
2(5) and issued by public
sector corporations or by financial institutions approved by or under the
regulatory control of the State Bank of Pakistan, the Federal Government or a
Provincial Government.
(b) Other bond not covered
by (a) above-
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(i) On first transaction at 0.33% of
the amount or value secured;
(ii) On each subsequent
transaction at 0.15% of the amount or value secured.
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Where
the amount or value secured does not exceed
Rs. 10.
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Thirty five paisa.
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Where it exceeds Ra. 10 but does not exceed Rs. 50.
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One rupee and fifty paisa.
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Where
it exceeds Rs. 50 but does not exceed Rs. 100.
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Two rupees and fifty
paisa.
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Where it exceeds Rs. 100
but does not exceed Rs. 200.
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Five rupees.
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Where it exceeds Rs. 200
but does not exceed Rs. 300.
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Seven rupees.
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Where it exceeds Rs. 300
but does not exceed Rs. 400.
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Ten rupees.
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Where it exceeds Rs. 400
but does not exceed Rs. 500.
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Thirteen rupees.
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Where it exceeds Rs. 500
but does not exceed Rs. 600
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Fifteen rupees
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Where it exceeds Rs. 600
but does not exceed Rs 700.
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Eighteen rupees.
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Where it exceeds Rs. 700
but does not exceed Rs. 800.
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Twenty rupees.
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Where it exceeds Rs. 800
but does not exceed Rs. 900.
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Twenty three rupees.
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Where it exceeds Rs. 900
but does not exceed Rs. 1000
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Twenty five rupees.
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And for every Rs. 500 or part thereof in excess of
Rs. 1,000.
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Thirteen rupees
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See ADMINISTRATION BOND (No. 2)
BOTTOMRY BOND (No. 16) CUSTOMS BONE (No. 26)
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INDEMNITY BOND (No. 34)
RESPONDENTS BOND (No. 56) SECURITY BOND (No. 57)
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EXEMPTION
Bond when executed by any person for the purpose of guaranteeing
that the local income derived from private subscription to a Charitable
dispensary or hospital or any other object of public utility shall not be
less than a specified sum per mensem.
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16.
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BOTTOMRY BOND,
that is to say, any instrument whereby the master of a sea-going ship borrows
money on the security of the ship to enable him to preserve the ship or
prosecute her voyage.
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The
same duty as on a Bond (No. 15) for the same amount.
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17.
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CANCELLATION-
Instrument of (including anyinstrument
by which any instrument previously executed is cancelled), if attested and
not otherwise provided for.
See also RELEASE (No. 55),
REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61) REVOCATION
OF TRUST (No. 64-B).
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Sixty
five rupees.
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18.
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CERTIFICATE OF SALE.
(in respect of each property put up as separate lot and sold) granted to the
purchaser of any property sold by public auction by a Civil or Revenue Court,
or Collector or other Revenue Officer-
(i) Where the
purchase money does not exceed Rs. 10.
(i)
Where the purchase
money exceeds
Rs. 10 but does not exceed Rs, 15.
(b)
in any other case ...
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Two rupees.
Three rupees.
Three per cent.
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19.
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CRTIFICATE OR OTHER DOCUMENT
evidencing
the right or title of the holder thereof, or any other person either to any
shares, scrip or stock in or of any incorporated Company or other body
corporate, or to become proprietor of shares, scrip or stock in or of any
such company or body.
See also LETTER OF ALLOTMENT OF SHARES (No. 36)
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Twenty five rupees.
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20.
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CHARTER PARTY, that is to say, any instrument (except an
agreement for the hire of a tugsteamer) whereby a vessel or some specified
principal part thereof is let for the specified purposes of the charterer,
whether" it includes a penalty clause or not.
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Fifteen
rupees.
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21.
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CHEQE PAY ORDER OR BANK DRAFT.
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One
rupee.
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22.
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COMPOSITION DEED, that
is to say, any instrument executed by a debtor whereby he conveys his
property for the benefit of his creditors, or whereby payment of a
composition or dividend on their debts is secured to the creditors, or
whereby provision is made for the continuance of the debtor's business under
the supervision of inspector or under letters of licence for the benefit of
his creditors.
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Two
hundred and fifty rupees.
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23.
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CONVEYANCE as defined by section 2(10) not being
a TRANSFER charged or exempted under
No. 62.
(a) in case of agriculture land
(b) in case of immoveable property in an urban area
(c) in any other case.
Explanation-I:
For the purpose of sub-article (b)
(1) "Urban
area" shall mean-
(i) an area as defined
under the West Pakistan Urban Immoveable Property Tax Act, 1958; and
(ii) any built up area
including land situated within or adjoining such area, specified by
notification by Government to be an urban area for the purpose of this
clause.
Explanation-II: For the purpose of such
clause (ii) "built up area" shall mean land which is occupied as
site of a building or enclosure and is not used for agricultural purpose or a
purpose sub-servient to agriculture.
(2) duty chargeable in respect of
instruments relating to property in an urban area specified by the Government
under clause (1) shall be effective from the date such area is specified as
urban area.
Explanation-III:
Any reference in Schedule I to Article 23 shall mean a reference to
sub-Articles (a) and (c) only:
(3) "rural area"
means an area not within the boundaries of a City, Municipality or Cantonment
Board;
(4) "agricultural land" means any land in the rural area
other than a village abadi or a town.
CO-PARTNERSHIP—DEED, See PARTNERSHIP
(No. 46).
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Three rupees for every one hundred rupees or part thereof of the
value of land.
Three rupees for every one hundred rupees or part thereof of the
value of the property.
Three rupees for every one hundred rupees or part thereof of the
value of the property.
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24.
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COPY OR EXTRACT certified to be a true copy or extract by or by
order of any public officer and not chargeable under the law for the time
being in force relating to court fees.
(i)
if the original was
not chargeable with duty or if the duty with which it was chargeable does not
exceed four rupees.
(ii) In any other case.
EXEMPTION
(a) Copy of any paper which a public officer is expressly required
by law to make or furnish for record in any public office or for any public
purpose;
(b) Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages
(divorces), deaths or burials.
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Three rupees.
Fifteen rupees.
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25.
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counterpart or duplicate of
any instrument chargeable with duty and in respect of which the proper duty
has been paid—
(a) if the duty with which the original instrument is chargeable
does not exceed four rupees;
(b) in any other case.
EXEMPTION
Counterpart of any lease granted to a cultivator when such lease
is exempted from duty.
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The same duty as is
leviable on the original.
Fifteen rupees.
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26.
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CUSTOMS-BOND—
(a) where the amount does not exceed Rs, 1,000
(b) in any other case.
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The same duty as on a Bond (No. 15) for such amount.
One hundred and twenty five rupees.
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27.
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DEBENTURE
(whether a mortgage debenture or not), being a marketable security
transferable—
(a) when issued by public sector corporation/ organizations or by financial
institutions approved by or under the regulatory control of, the State Bank
of Pakistan, the Federal Government or a Provincial Government and
transferred by endorsement or by a separate instrument;
(b) when transferred by endorsement or by a separate instrument
other than those mentioned at (a) above;
(c) when transferred by delivery—
Where the amount or value secured does not exceed Rs. 50.
Where it exceeds Rs. 50 but does not exceed Rs. 100.
Where it exceeds Rs. 100 but does not exceed Rs. 200.
Where it exceeds Rs. 200 but does not exceed Rs. 300.
Where it exceeds Rs. 300 but does not exceed Rs. 400.
Where it exceeds Rs. 400 but does not exceed Rs. 500.
Where it exceeds Rs. 500 but does not exceed Rs. 600.
Where it exceeds Rs. 600 but does not exceed Rs. 700.
Where it exceeds Rs. 700 but does not exceed Rs. 800.
Where it exceeds Rs. 800 but does not exceed Rs. 900.
Where it exceeds Rs. 900 but does not exceed Rs. 1000.
And for every Rs. 500 or part thereof in excess of Rs. 1,000.
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(i) One
first transaction at 0.33% of the amount in value secured.
(ii) On each subsequent transaction at 0.15% of
the amount in value secured.
The same duty as on a Bond (No. 15), for the same amount.
Two rupees.
Four rupees.
Eight rupees.
Twelve rupees.
Fifteen rupees.
Twenty rupees.
Twenty three rupees.
Twenty five rupees.
Thirty rupees.
Thirty five rupees.
Forty rupees.
Twenty rupees.
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27-A
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PARTICIPATION
TERM CERTIFICATE
Explanation.—The
term "Debenture" includes any interest coupons attached thereto,
but the amount of such coupons shall not be included in estimating the duty.
EXEMPTION:
A debenture issued by an incorporated company or other body
corporate in terms of a registered mortgage-deed, duly stamped in respect of
the full amount of the debentures to be issued thereunder, whereby the
company or body borrowing makes over, in whole or in part their property to
trustees for the benefit of the debenture-holders; provided that the
debentures so issued are expressed to be issued in terms of the said
mortgage-deed.
See also BOND (No. 15, and SECTIONS 8 and 55)
DECLARATION OF ANY TRUST, See Trust (No. 64)
|
The same duty as is leviable on a Debenture of the same value.
|
|
|
28.
|
DELIVERY ORDER IN RESPECT
OF GOODS, that is to say, any instrument entitling any person therein
named, or his assigns or the holder thereof, to the delivery of any goods
lying in any dock or port, or in any ware house in which goods are stored or
deposited on rent or hire, or upon any wharf, such instrument being signed by
or on behalf of the owner of such goods upon the sale or transfer of the
property therein, when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE-DEED [See AGREEMENT relating to DEPOSIT OF
TITLE-DEEDS PAWN OR PLEDGE (No. 6)].
DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46).
|
Seven rupees.
|
|
|
29.
|
DIVORCE. —
Instrument of, that is to say, any instrument by which any person effects the
dissolution of his marriage.
DOWER. Instrument of See SETTLEMENT (No.58).
DUPLICATE-See COUNTERPART (No. 25)
|
Forty rupees.
|
|
|
30.
|
ENTRY AS AN ADVOCATE, OR
ATTORNEY ON THE ROLL OF ANY HIGH COURT— under the Legal Practitioners and Bar
Councils Act, 1965—
(a) in the case of an Advocate.
(b)
in the case of an
Attorney;
EXEMPTION
Entry of an Advocate or Attorney on the roll of any High Court
when he has previously been enrolled in a High Court.
|
One thousand and three hundred rupees.
One thousand and three hundred rupees.
|
|
|
31.
|
EXCHANGE OF PROPERTY—Instrument
of—
(a) when executed in respect of agricultural land.
(b) when executed in respect of immoveable property in an Urban Area
as defined in No.23.
(c) In any other case.
EXTRACT See Copy (No. 24).
|
Two rupees and fifty paisa for every one hundred rupees or part
thereof of the value of the property.
Ten rupees for every one hundred rupees or part thereof of the
value of the property.
Seven rupees for every one hundred rupees or part thereof of the
value of the property.
|
|
|
32.
|
FURTHER CHARGE—Instrument
of, that is to say, any instrument imposing a further charge on mortgaged
property—
(a) when the original mortgage is one of the description referred to
in clause (a)
of Article No. 40 (that is, with possession);
(b) when such mortgage is one of the description referred to in clause
(b) of Article No. 40(that is, without possession)—
(i) If at the time of execution of the instrument of further
charge possession of the property is given or agreed to be given under such
instrument;
(ii) If possession is not so given.
|
The same duty as on a Conveyance (No. 23) for a consideration
equal to the amount of the further charge secured by such instrument.
The same duty as on a Conveyance (No. 23) for a consideration
equal to the total amount of the charge (including the original mortgage and
any further charge already made) less the duty already paid on such original
mortgage and further charge.
The same duty as on a Bond (No. 15) for the amount of the
further charge secured by such instrument.
|
|
|
33.
|
GIFT-Instrument
of, not being a SETTLEMENT (NO. 58) OR
WILL OR TRANSFER (NO. 62)—
(a) (i) when executed in favour of legal heirs in
respect of Agricultural Land;
(ii) in any other
case, in respect 01 Agricultural Land;
(b) other property.
HIRING
AGREEMENT or agreement of service, See AGREEMENT (No. 5).
|
One rupee and twenty five paisa for every one hundred rupees or
part thereof, of the value of the property as set forth in such instrument.
Two rupees and fifty paisa for every one hundred rupees or part
thereof, of the value of the property.
Four rupees for every hundred rupees or part thereof, of value
of the property.
|
|
|
34.
|
INDEMNITY BOND
INSPECTION-DEED, See COMPOSITION-DEED (No. 22).
INSURANCE, See POLICY OF INSURANCE (No. 47).
|
The same duty as on a Security Bond (No. 57) for the same
amount.
|
|
|
35.
|
LEASE,
including an under lease or sub-lease and any agreement to let or sub-let—
(a) where by such lease
the rent is fixed and no premium is paid or delivered—
(i) where the lease purports to be for a term of less than one
year;
(ii) where the lease purports to be for a term of not less than
one year but not more than three years;
(iii) where the lease purports to be for a term in excess of
three years, but not more than twenty years;
(iv) where the .lease purports to be for a term in excess of
twenty years or in perpetuity;
(v) where the lease does not purport to be for any definite
term;
(b) (i) where the lease is granted for money
advanced and where
no rent is reserved;
(ii) where the lease is granted for a fine or premium and where norent is reserved;
(c) (i) where the lease is granted for money
advanced in addition to rent reserved;
(ii) where the lease is granted for a fine or premium in additional
to rent reserved.
EXEMPTION
Leases, executed in the case of a cultivator and for the
purposes of cultivation (including a lease of trees for the production of
food or drink) without the payment or delivery of any fine or premium when a
definite term is expressed and such term does not exceed one year, or when
the average annual rent reserved does not exceed one hundred rupees.
|
The same duty as on a Bond (No. 15) for the whole amount payable
or deliverable under such lease.
The same duty as on a Bond (No. 15) for the amount or value of
the average annual rent reserved.
The same duty as is leviable on a Debenture (No. 27(b)) for a
consideration equal to the amount or value of the average annual rent
reserved.
The same duty as in leviable on a Debenture (No. 27(b)) for a
consideration equal to the whole amount of rents which would be paid or
delivered in respect of the first ten years of the lease.
The same duty as in leviable on a Debenture (No. 27(b)) for a consideration
equal to the amount or value of the average annual rent which would be paid
or delivered for the first ten years, if the lease continued so long.
The same duty as is leviable on a Conveyance (No. 23) for a
consideration equal to the amount of such advance as set Forth in the lease.
The
same duty as is leviable on a Conveyance (No.
23) for a consideration equal
to the amount of such fine or premium as set forth in the lease.
The same duty as is leviable on a
Conveyance (No. 23) for a consideration equal to the amount of advance as set
forth in the lease, in addition to the duty which would have been payable on
such lease, if no advance had been paid or delivered; provided that, in any
case when an agreement to lease is stamped with the advalorem stamp
required for a lease and a lease in pursuance of such agreement is
subsequently executed, the duty on such lease shall not exceed five rupees.
The same duty as is leviable on a Conveyance (No. 23) for a
consideration equal to the amount of such fine or premium as set forth in
lease in addition to the duty which would have been payable on such lease if
no fine or premium had been paid or delivered; provided that, in any case
when an agreement to lease is stamped with the advalorem stamp
required for a lease and such agreement is subsequently executed, the duty on
such lease shall not exceed five rupees.
|
|
|
36.
|
LETTER OF ALLOTMENT OF
SHARES in any company or proposed company or in respect of any loan to
be raised by any company, or proposed company.
See
also CERTIFICATE OR OTHER DOCUMENT (No. 19)
|
Two rupees and fifty paisa.
|
|
|
38.
|
LETTER OF LICENCE,
that is to say, any agreement between a debtor and his creditor, that the
latter shall, for a specified time, suspend their claims and allow the debtor
to carry on business at his own discretion.
|
Sixty
five rupees.
|
|
|
39.
|
MEMORANDUM OF ASSOCIATION
OF A COMPANY—
(a)
if accompanied by
articles of association under section 81 of the Companies Ordinance, 1984,
(b)
If not so
accompanied:
EXEMPTION
Memorandum of any association not formed for profit and
registered under section 42 of the Companies Ordinance, 1984.
|
Two
hundred rupees.
Three
hundred twenty rupees.
|
|
|
40.
|
MORTGAGE-DEED, not being
(an AGREEMENT RELATING TO,DEPOSIT OR TITLE DEEDS, PAWN OR PLEDGE (No. 6),
BOTTOMRY BOND (No. 16), MORTGAGE OF A CROP (No. 40), RESPONDENTS BOND (No.
56) OR SECURITY BOND (NO. 57)—
(a) when possession of the property or any part of the property
comprised in such deed is given by the
mortgagor or agreed to be given;
(b) when possession is not given or agreed to be given as aforesaid;
|
The same duty as on a Conveyance (No. 23) for a consideration
equal to the amount secured by such deed.
|
|
|
|
Where the amount
secured does exceed Rs. 100;
Where
it exceeds Rs. 100 but does not exceed Rs. 200;
Where
it exceeds Rs. 200 but does not exceed Rs. 300;
Where
it exceeds Rs. 300 but does not exceed Rs. 400;
Where
it exceeds Rs. 400 but does not exceed Rs. 500;
Where
it exceeds Rs. 500 but does not exceed Rs. 600;
Where
it exceeds Rs. 600 but does not exceed Rs. 700;
Where
it exceeds Rs. 700 but does not exceed Rs. 800;
Where
it exceeds Rs. 800 but does not exceed Rs. 900;
Where
it exceeds Rs. 900 but does not exceed
Rs. 1,000;
and for every Rs. 500 or part thereof in excess of Rs. 1,000.
|
The same duty as on a Bond (No. 15) for the amount secured by
such deed.
Eight rupees
Twelve
rupees
Fifteen
rupees
Twenty
rupees
Twenty
three rupees
Twenty
six rupees.
Thirty
rupees
Thirty
four rupees.
Thirty
eight rupees.
Twenty rupees.
|
|
|
|
Explanation.---A
mortgagor who gives to the mortgagee a power of attorney to collect rents or
a lease of the property mortgaged or part thereof, is deemed to give
possession within the meaning of this article.
(c) When
a collateral or auxiliary or additional or substituted security, or by way of
further assurance for the above mentioned purposes where the principal or
primary security is duly stamped---
for every sum secured not exceeding
Rs. 1,000.
and for every 1,000 or part thereof
secured in excess of Rs. 1,000.
|
Note:- For Securing
loan from the commercial banks for industrial purposes the rate of Stamp Duty
chargeable shall, however, be as on a Bond (No. 15) for the amount secured by
such deed.
Thirteen rupees
Thirteen rupees
|
|
|
41.
|
MORTGAGE OF A CROP, including
any instrument evidencing an agreement to secure the payment of a loan made
upon any mortgage of a crop, whether the crop is or is not in existence at
the time of mortgage---
(a)
When the loan is repayable not more than three months from the date of the instrument---
(i) for every sum secured not exceeding
Rs. 200.00.
(ii) and for every Rs. 200.00 or part thereof
secured in excess of Rs. 200.00.
(b)
When loan is repayable more than three months, but not more than
eighteen months, from the date of instrument---
(i)
for every sum secured not exceeding Rs. 100.
(ii) and for every Rs. 100 or part thereof
secured in excess of Rs. 100.
|
Two rupees.
Two rupees.
Two rupees.
Two rupees.
|
|
|
42.
|
NOTARIAL ACT, that
is to say, any instrument endorsement, note, attestation, certificate or
entry not being a PROTEST (No. 50) made or signed b a Notary Public in the
execution of the duties of his office, or by any other person lawfully acting
as a Notary Public.
See also PROTEST OF BILL OR NOTWE (No. 50).
|
Twenty five rupees.
|
|
|
43.
|
NOTE
OF MEMOTANDUM SENT BY a broker or
agent to his principal intimating the purchase or sale on account of such
principal-
(a)
of any goods exceeding in value twenty rupees.
(b)
of any stock or marketable security exceeding in
value twenty rupees, not being a Government Security.
(c)
of a Government Security.
|
Seven rupees.
Seven rupees for
every Rs. 5,000 or part thereof of the value of stock or security.
Two rupees and
fifty paisa for every Rs.10,000 of the value of the security subject to a
maximum of forty rupees.
|
|
|
44.
|
NOTE OF PROTEST BY THE MASTER OF A SHIP See also PROTEST BY
MASTER OF A SHIP (No.51).
ORDER FOR THE PAYMENT OF MONEY See BILL OF EXCHANGE (No.13).
|
Seven rupees.
|
|
|
45.
|
PARTITION- Instrument
of [as defined by section 2(15)].
|
The same duty as on
a Bond (No.15) for the amount of the value of the separated share or shares
of the property.
Explanation--- The largest share
remaining after the property is partitioned (or of there are two or more
shares of equal value and not smaller than any the other shares than one of
such equal shares) shall be deemed to be that from which the other shares are
separated.
Provided always that---
(a)
when an instrument
of partition containing an agreement to divide property in severalty is executed
and a partition is effected in pursuance of such agreement, the duty
chargeable upon the instrument affecting such partition shall be reduced by
the amount of duty paid in respect of the first instrument but shall not be
less than five rupees.
(b)
Where land is held
on Revenue Settlement for a period not exceeding thirty years and paying the
full assessment, the value for the purpose of duty shall be calculated at not
more than five times the annual revenue.
(c)
Where a final order
for effecting a partition passed by any Revenue Authority or any Civil court,
or any award by an arbitrator directing a partition , is stamped with the
stamp required for an instrument of partition, in pursuance of such order or
award is subsequently executed, the duty on such instrument shall not exceed
five rupees.
(d)
When instrument of partition is executed in
respect of agricultural land, the stamp duty shall be charged as one rupee
and twenty five paisa for every one hundred rupees or part thereof of the
value such land.
|
|
|
46.
|
PARTNERSHIP-
A-INSTRUMENT OF-
(a)
Where the capital of the partnership does not
exceed Rs. 10,000;
(b)
in any other case.
B-DISSOLUTION
OF – PAWN OF PLEDGE--- See
AGREEMNT RELATON TO DEPOSIT OF TITLE- DEEDS PAWN OR PLEDGE (No.6)
|
One hundred and forty
rupees.
Three hundred and
seventy five rupees.
|
|
|
47.
|
POLICY OF INSURANCE:
A-See INSURANCE (See section 7)---
(1) For each voyage----
(i) where the premium of consideration
does not exceed the rate of 1/8 percent of the amount insured by the policy,
for every full sum of Rs. 5,000 and also any fractional parts thereof insured
by the policy;
(ii) in any other case, in respect of every full
sum of Rs.2,000 and also any fractional part thereof insured by the policy.
(2) For time---
In respect of every full sum of Rs.
2,000 of part thereof insured by the policy---
(i)
Where the insurance shall be made for any time not exceeding six
months;
(ii)
Where the insurance shall be made for any time not exceeding six months
and not exceeding twelve months.
B--FIRE—INSURANCE
AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN THIS ARTICALE
COVERING GOODS, MERCHANDISE PERSONAL EFFECTS. CROPS AND OTHER PROPERTY
AGAINST LOSS OR DAMAGE---
(1)
In respect of an original policy---
(i)
When the sum insured does not exceed Rs. 5,000.
(ii)
in any other case; and
(2)
in respect of each receipt for any payment of a premium on any renewal
of an original policy.
C--- ACCIDENT AND
SICKNESS-INSURANCE---
(a) Against railway accident, valid for a
single journey only.
EXEMPTION
When issued to a passenger travelling by the
intermediate of the third class in any railway.
(b) In any other case for the maximum
amount which may become payable in the case of any single accident or
sickness where such amount does not exceed Rs.2,000 and also where such
amount exceeds Rs.2,000 for every Rs.2,000 or part thereof.
D----INSURANCE
BY WAY OF INDEMNITY---
Against liability to pay damages on account of
accidents to workmen employed by to under the insurer or against liability to
pay compensation under the Workmen’s Compensation Act, 1923, for every Rs.100
or part thereof payable as premium.
E----LIFE
INSURANCE OF OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such a
REINSURANCE as is described in Division of this article----
(i)
for every sum insured not exceeding Rs. 250;
(ii)
for every sum insured exceeding Rs. 250 but not exceeding Rs. 500;
(iii)
for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and
also for every Rs. 1,000 or part thereof in excess of Rs. 1,000.
EXEMPTION
Policies of life insurance granted by the Director
General of Post Offices in accordance with rules for Postal Life Insurance
issued under the authority of the Federal Government.
F---RE---INSURANCE
BY AN INSURANCE COMPANY WHICH HAS GRANTED A POLICY OF THE NATURE SPECIFIED IN
DIVISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMPANY BY WAY OF
INDEMNITY OR GURANTEE AGAINST THE PARMENT ON THE ORIGINAL INSURANCE OF A
CERTAIN PART OF THE SUM INSURED THEREBY.
GENERAL EXEMPTION
Letter of cover or engagement to issue a policy of
insurance.
Provided that, unless such letter of engagement
bear the stamp prescribed by this Act for such policy nothing shall be
claimable thereunder, nor shall it be available for any purpose, except to
compel the delivery of the policy therein mentioned.
|
If drawn singly.
Fifteen paisa.
Fifteen paisa.
Forty paisa.
Seventy five paisa.
|
If drawn in
duplicate for each part.
Seven paisa.
Seven paisa.
Twenty paisa.
Forty paisa.
|
|
|
Seventy five paisa.
One rupee and fifty paisa.
One half of the
duty payable in respect of the original policy in addition to the amount, if
any, chargeable under No. 53.
Seven paisa.
Thirty three paisa;
provided that, in case of policy of insurance against death by accident when
the annual premium payable does not exceed Rs.3 per
Rs. 1,000 the duty on such instrument shall be seven paisa for every Rs.1,000
or part thereof of the maximum amount which may become payable under it.
If drawn If drawn
Singly. duplicate, for
each part.
Seven paisa.
Fifteen Seven paisa
paisa.
Twenty five Fifteen paisa paisa
Fifty paisa Twenty
five
paisa
One-half of the
duty payable in the respect of the original insurance but not less than the
seven paisa or more than one rupee.
|
|
|
|
48.
|
POWER OF ATTORNEY as defined by section 2(21), not
being a proxy (No. 52)---
(a)
when executed for the sole purpose of procuring the registration of one
or more documents in relation to a single transaction or for admitting
execution of one or more such documents.
(b)
When authorizing one person or more to act in a single transaction
other than the case mentioned in clause (a).
(c)
When authorizing not more than five persons to jointly and severally in
more than one transaction or generally;
(d)
When authorizing more than five but not more than ten persons to act
jointly and severally in more than one transaction or generally;
(e)
When given for consideration and authorizing the attorney to sell any
immovable property.
(f)
In any other case.
EXPLANATION
1: For the purpose of this Article more persons
than one when belonging to the same firm shall be deemed to be one person.
EXPLANATION
2: The term “Registration” includes every
operation incidental to registration under the Registration Act, 1908.
|
One hundred and ninety
rupees.
Two hundred and
fifty rupees.
Seven hundred and
fifty rupees.
Eight hundred and
seventy five.
The same duty as is
leviable on a Conveyance (No. 23) for the mount of the consideration.
Thirteen rupees for
each person authorized.
|
|
49.
|
PROMISSIORY NOTE [as defined by section 2(22)]----
(a)
When payable on demand---
(i)
When the amount or value does not exceed Rs. 250.
(ii)
When the amount or value exceed
Rs. 250 but does not exceed Rs. 1,000.
(iii)
When the amount or value exceed
Rs. 1,000 but does not exceed
Rs. 10,000.
(iv)
When the amount or value exceeds
Rs. 10,000 but does not exceed
Rs. 100,000; and
(v)
in any other case.
(b)
When payable otherwise than on demand.
|
Seven paisa.
One rupee and twenty five
paisa.
Thirteen rupees.
Twenty five rupees.
One hundred and twenty
five rupees.
The same duty as on
a Bill of Exchange (No. 13) for the same amount payable otherwise than on
demand.
|
|
50.
|
PROTEST OF BILL OR NOTE, that is to say, any
declaration in writing made by a Notary Public, or other person lawfully
acting as such, attesting the dishonor of a Bill of Exchange for promissory
note.
|
Thirteen rupees.
|
|
51.
|
PORTEST BY THE MASTER OF A SHIP, that is to say,
any declaration of the particulars of her voyage drawn up by him with a view
to the adjustment of losses or the calculation of averages and every
declaration in writing made by him against the charterers or the consignees
for not loading or unloading the ship, when such declaration is attested or
certified by a Notary Public or other person lawfully acting as such.
See also NOTE OF PROTEST BY THE MASTER OF A
SHIP (No.44)
|
Thirteen rupees.
|
|
52.
|
PROXY
empowering any person to vote at any
one election of the members of a district or local board or of a body of Municipal
Commissioners, 2 at any one meeting of (a) members of an incorporated company
or other body corporate whose stock or funds is or are divided into shares
and transferable; (b) a local authority, or (c) proprietors, members or
contributors to the funds of any institution.
|
Seven rupees.
|
|
53.
|
RECIPTS
as defined by section 2(23) for any
money or other property the amount or value of which exceeds twenty rupees---
(a)
where such amount does not exceed Rs.2,000;
(b)
where such amount exceeds Rs. 2,000 but does not exceed Rs.10,000.
(c)
Where such amount exceeds Rs. 10,000.
EXEMPTIOMS
RECIPT---
(a)
Endorsed on or contained in any instrument duly stamped or any
instrument exempted under the proviso to section 3 (instruments executed on
behalf of the Government) or any cheque or bill of exchange payable on demand
acknowledging the receipt of the consideration money therein expressed, or
the receipt of any principal money, interest or annuity, or other periodical
payment thereby secured;
(b)
for any payment of money without consideration;
(c)
for any payment of rent by a cultivator on account of land assessed to
Government revenue;
(d)
for pay or allowance by non-commissioned or petty officers; soldiers,
sailors, airmen of the armed forces of Pakistan/Pakistan military, naval or
air forces when serving in such capacity, or by mounted police-
constables;
(e)
given by holders of family certificates in cases where the person from
whose pay or allowances the sum comprised in the receipt has been assigned as
a non-commissioned or petty officer soldiers, sailor or airmen or any of the
said forces and serving in such capacity;
(f)
for pensions or allowances by persons receiving such pensions or
allowances in respect of their services as such non-commissioned or petty
officers, soldiers, sailors or airmen or any of the said forces and serving
in such capacity;
(g)
given by a headman or lambardar for land revenue or taxes collected by
him.
(h)
given for money or securities for money deposited in the hands of any
banker, to be accounted for;
Provided
that the some is not expressed to be received of , or by the hand of, any
other than the person to whom the some is to be accounted for:
Provided
also that this exemption shall not extend to receipt or acknowledgement for
any sum paid or deposited for, or upon a letter of allotment of a share, or
in respect of a call upon any scrip or share of, or in, any incorporate
company or other body corporate or such proposed or intended company or body
or in respect of a debenture being a marketable security.
See
also POLICY OF INSURANCE [No.47-B(2)].
|
One and half rupees.
Three rupees.
Seven rupees.
|
|
54.
|
RE---CONVEYANCE
OF MORTGAGE PROPERTY---
(a)
if the consideration for which the property was mortgaged does not
exceed Rs.1,000.
(b)
in any other case.
|
The same duty as on
a Board (No.15) for the amount of such consideration as set forth in the
re-conveyance.
One hundred and twenty
five rupees.
|
|
55.
|
RELEASE,
that is to say, any instrument (not
being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person
or against any specified property.
|
The same duty as on a Bond
(No.15) for such amount of the claim or value of the property.
|
|
56.
|
RESPONDENTIA
BOND, that is to say, any instrument
securing a loan on the cargo Landen or to be Landen on board a ship and
making repayment contingent on the arrival of the cargo at the part of
destination.
REVOCATION
OF ARMY TRUST OR SETTLEMENT.
See
settlement (No.58) Trust (No.46).
|
The same duty as on a Bond
(No. 15) for the amount of the loan secured.
|
|
57.
|
SECURITY
BOND OR MORTGAGE-DEED, executed by
way of security for the due execution of an office, or to account for money
or other property received by virtue thereof or executed in favour of a Court
for the due discharge of a contingent liability or executed by a surety to
secure the due performance of a contract—
(a)
when the amount secured does not exceed
Rs. 1,000.
(b)
in any other case.
EXEMPTION
Bond or other instrument, when executed;
(a)
by any person for the purpose of guaranteeing that the local income
derived from private subscription to a charitable dispensary or hospital or
any other object of public utility shall not be less than a specified sum per
mensem;
(b)
under No. 3-A of the rules made by the provincial Government under
section 70 of the Sindh Irrigation Act, 1879;
(c)
executed by persons taking advance under the Land Improvement Loans
Act, 1883, or the West Pakistan Agriculture Loans Act, 1958 or by their
sureties, as security for repayment of such advances;
(d)
executed by servant of the State or their sureties to secure the due
execution of an office or the due accounting for money or other property
received by virtue thereof.
|
The same duty as on a Bond
(No. 15) for the amount secured.
One hundred and twenty
five rupees.
|
|
58.
|
SETTLEMENT---
A---Instrument of (including a deed of
dower)------
(i)
where the settlement is made in favour of legal heirs in respect of agricultural land.
(ii)
where the settlement is made for a religious or charitable purpose.
(iii)
In any other case.
EXEMPTION
Deed of dower execution on the occasion of a
marriage between Muslims.
B—REVOCATION
OF ----
See
also TRUST (No. 64).
|
Two and a half
rupees for every one hundred rupees or part thereof of the value of the
property.
The same duty as on
a bond (No. 15) for a sum of equal to the amount of value of the property
settled.
The same duty as is
leviable on Conveyance (No. 23) for a consideration equal to the amount or
value of the property settled;
Provided that,
where an agreement to settle is stamped with the stamp required for an
instrument of settlement, and an instrument of settlement in pursuance of
such agreement is subsequently execute, the duty on such instrument shall not
exceed five rupees:
Provided further
that where an instrument of settlement contains any provision for the
revocation of the settlement, the amount or value of the property settled
shall, for purposes of duty, be determined as if no such provision were
contained in the instrument.
The same duty as is
leviable on a Conveyance (No. 23) foe a consideration equal to the amount or
value of the property concerned, as set forth in the instrument of Revocation
but not exceeding sixty three rupees.
|
|
59.
|
SHARES WARRANTS to bearer issued under the Companies Act, 1913.
EXEMPTIONS
Share
warrant when issued by a company in pursuance of the companies Act, 1913,
section 30 to have effect only upon payment, as composition for that duty, to
the Collector of Stamp-revenue of -----
(a)
One and a half per centum of the whole subscribed capital of the
company; or
(b)
If any company which has paid the said duty or composition in full
subsequently issues an addition to its subscribed capital and a half per
centum of the additional capital so issued.
SCRIP, See Certificate (No. 19).
|
One and a half times the
duty payable on a Debenture [(No.27(b)] for a consideration equal to the
nominal amount of the shares specified in the warrant.
|
|
60.
|
SHIPPING
ORDER for or relating to the conveyance of
goods on board of any vessel.
|
Seven rupees.
|
|
61.
|
SURRENDER
OF LEASE---
(a)
When the duty with which the lease is chargeable does not exceed Thirty
rupees.
(b)
In any other case.
EXEMPTION
Surrender of lease, when such lease is exempted
from duty.
|
The duty with which lease
is chargeable.
One hundred and
twenty five rupees.
|
|
62.
|
TRANSFER (Whether with or without consideration)--
(a)
of shares in an incorporated company or other body corporate;
(b)
of debenture being marketable securities whether the debenture is
liable to duty or not except debentures provided for by section 8;
(c)
of any interest secured by a bond, mortgage-deed or policy of
insurance----
(i) if the duty on such bond, mortgaged-deed
or policy does not exceed twenty rupees;
(ii) in any other case.
(d)
of any property under the Administrator- General Act, 1913, Section
31;
(e)
of any trust property without consideration from one trustee to another
trustee or from a trustees to a beneficiary.
EXEMPTIONS
Transfers by endorsement----
(a) of a bill exchange, cheques or
promissory note;
(b) of
a bill of lading, delivery order, warrant for goods or other mercantile document
of title to goods;
(c) of
a policy of insurance;
(d) of
securities of the Federal Government.
See
also Section 8----
|
One-fourth of the
duty payable on a conveyance (No. 23) for a consideration equal to the value
of the share.
One-half of the
duty payable on a Conveyance (N0.23) for a consideration equal to the face
amount of the debenture.
The duty with which
such bond, mortgage-deed or policy of insurance is chargeable.
Sixty-three rupees.
Sixty-three rupees.
Twenty-five rupees
or such smaller amount as may be chargeable under clauses (a) to (c) of this
Article.
|
|
63.
|
TRANSFER
OF LEASE of way of assignment and not by way of
under lease.
EXEMPTION
Transfer of any lease exempt from duty.
|
The same duty as is
leviable on Conveyance (No. 23) for consideration equal to the amount of the
consideration for the transfer.
|
|
64.
|
TRUST---
A---DECLARATION OF ---- of, or concerning any
property when made by any writing not being a WILL.
B-REVOCATON
OF--- of, or concerning any property when
made by any instrument other than a WILL.
See
also SETTLEMENT (No.58)
VALUATION.
See APPRAISEMENT (No. 8).
|
The same duty as on
a Bond (No.15) for a sum equal to the amount or value of the property
concerned as set forth in the instrument but not exceeding twenty rupees.
The same duty as on
a Bond (No.15) for a sum equal to the amount or value of the property
concerned as set forth in the instrument but not exceeding twenty rupees.
|
|
65.
|
WARRANT
FOR GOODS, that is to say, any instrument
evidencing the title of any person therein named, or his assignee, or the
holder or thereof to the property in any goods lying in or upon any dock ware
house or wharf, such instrument; being signed or certified by or on behalf of
the person in whose custody such goods may be.
|
Seven rupees
|
|
|
|
|
|
|
|
APPENDIX II [See section 3] “TABLE
|
S.No
|
Description of
Tax Payers
|
Rate of Tax
|
|
1
|
2
|
3
|
|
1.
|
All persons engaged in any profession,
trade, calling or employment, other than those specifically mentioned
hereinafter, in the [Khyber
Pakhtunkhwa], including employees of the Federal or Provincial Government,
whose monthly income or earning,---
|
|
|
(a) When exceeds Rs.6000.00, but does not
exceed Rs. 10,000.00;
|
Rs.100.00
|
|
(b) When
exceeds Rs. 10,000.00, but does
not exceed Rs.20, 000.00; and
|
Rs.150.00
|
|
(c) When
exceeds.
|
Rs.200.00
|
|
2.
|
All limited companies, Modarbas,
Mutual Funds and any other body corporate with paid capital or paid up
capital and reserves in the preceding year, which ever is more,---
|
|
|
(a) When
not exceeding Rs. 10 million
|
Rs.10,000.00
|
|
(b) When
exceeding Rs. 10 millions but not exceeding Rs. 25 million;
|
Rs.15,000.00
|
|
(c) When exceeding Rs. 25 millions but not
exceeding Rs. 50 million;
|
Rs.20,000.00
|
|
(d) When exceeding Rs. 50 millions but not
exceeding Rs. 100 million;
|
Rs.50,000.00
|
|
(e) When exceeding Rs. 100 millions but
not exceeding Rs. 200 million; and
|
Rs.75,000.00
|
|
(f) When
exceeding Rs. 200 millions.
Explanation.
----- The
paid up capital in case of foreign banks shall be the minimum paid up capital
as determined by the State Bank of Pakistan.
|
Rs.100,000.00
|
|
3.
|
Persons, other than companies, owing
factories, commercial establishments, private educational institutions and
private hospitals with ten or more employees.
|
Rs.
1500
|
|
4.
|
Holders of import or export licence,
assessed to income tax in the preceding year with annual turn over---
|
|
|
|
(a) When
not exceeding Rs. 50,000.00
|
Rs.2000.00
|
|
|
(b) When
exceeding Rs.50,000,00
|
Rs.3000.00
|
|
5.
|
Clearing Agents licensed or approved
as Custom House Agents.
|
Rs.1500.00
|
|
6.
|
Travel Agents---
|
|
|
|
(a) IATA
|
Rs.7500.00
|
|
|
(b) Non-IATA
|
Rs.3000.00
|
|
7.
|
Restaurants liable to Sale Tax
|
Rs.7500.00
|
|
8.
|
Advertising Agencies
|
Rs.5000.00
|
|
9.
|
Doctors---1
|
|
|
|
(a) Specialists
|
Rs.1500.00
|
|
|
(b) Non-Specialists, including Medical Practitioners, Hakeems and Homeopaths
|
Rs.500.00
|
|
10.
|
Clinical Laboratories, including
patho-logical and chemical Laboratories---
|
|
|
|
(a) Located
at Peshawar, Mardan, Charsadda and Abbottabad.
|
Rs.7500.00
|
|
|
(b) Located
at other places.
|
Rs.1500.00
|
|
11.
|
Contractors, Suppliers and
Consultants, who, during the preceding financial year supplied to the Federal
or any Provincial Government, or any local authority, goods, commodities, or
rendered service of the value---
|
|
|
|
(a) When exceeding Rs. 10,000.00 but not
exceeding Rs.1.00 million;
|
Rs.2000.00
|
|
|
(b) When exceeding Rs. 1.00 million but
not exceeding Rs.2.5 million;
|
Rs.3000.00
|
|
|
(c) When
exceeding Rs. 2.5 million;
|
10000.00
|
|
12.
|
Petrol Pumps---
|
|
|
|
(a) in urban areas
|
Rs.1000.00
|
|
|
(b) in rural areas.
|
Rs.500.00
|
|
13.
|
All establishments, including
video shops, real estate shops/agencies, car dealers, not assessed to income
tax in the preceding financial year.
|
Rs.1000.00
|
|
Peshawar,
dated the
28th June, 2002.
|
Lt. Gen.
(Rtd.) Iftikhar Hussain Shah
Governor
of the [Khyber Pakhtunkhwa]
|
|
