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THE [KHYBER PAKHTUNKHWA] FINANCE
ACT, 2007.
([KHYBER PAKHTUNKHWA] ACT
NO. II OF 2007)
CONTENTS
PREAMBLE
SECTIONS
1. Short title, extent and commencement.
2. Amendment of Act II of 1899.
3. Amendment of West Pakistan Act V of
1958.
4. Amendment of Schedules to W.P. Act No. XXXIV of 1964.
5. Amendment
of [Khyber
Pakhtunkhwa] Ord. III of
2000.
APPENDIX
THE [KHYBER PAKHTUNKHWA]FINANCE
ACT, 2007.
([KHYBER PAKHTUNKHWA] ACT
NO. II OF 2007)
[First published after
having received the assent of the Governor of the
[Khyber Pakhtunkhwa] in the Gazette of the [Khyber Pakhtunkhwa](Extraordinary), dated the 7th July, 2007].
an
ACT
to continue, revise and
exempt certain
taxes and duties.
Preamble.—WHEREAS
it is expedient to continue, revise and exempt certain taxes and duties;
It
is hereby enacted as follows:
1. Short title, extent and
commencement.—(1) This Act may be called the [Khyber
Pakhtunkhwa]Finance Act, 2007.
(2) It extends to whole of the [Province of the Khyber Pakhtunkhwa].
(3) It shall come into force on the first
day of July, 2007.
2.
Amendment
of Act II of 1899.—In the Stamp Act, 1899 (II
of 1899), for Schedule I, the Schedule specified in the Appendix to this Act
shall be substituted.
3.
Amendment
of West Pakistan Act V of 1958.—In the West Pakistan Urban
Immovable Property Tax Act, 1958 (W.P. Act V of 1958), in section 3, in
sub-section (2), in the proviso for clause (i), the following shall be
substituted, namely:
"(i) a residential
building owned and occupied by a widow whose annual tax, excluding the
permissible rebates, is up to two thousand and five hundred rupees, and any
other building owned by a widow the total area whereof does not exceed three
marlas and the annual tax in respect of such building does not exceed five
thousand rupees, shall be exempt from payment of any tax under this Act, but,
in the case of self occupied building, if the annual tax of such building,
excluding rebates, exceeds two thousand and five hundred rupees, than entire tax
as assessed under clause (a) shall be payable in respect of such
building;".
4. Amendment of Schedules to W.P. Act
No. XXXIV
of 1964.—In
the West Pakistan Finance Act, 1964 (W.P. Act No. XXXIV of 1964),-
(a) in the Fifth Schedule, at serial No. 1,-
after
the entry at clause (d), the following new entry shall be added, namely:
"(e)
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Industrial/Commercial
undertaking having generating capacity above500 Kilo Volt
Ampere
for self use.
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3(three)
paisa per unit(Kilo Watt Hour) of energy generated/ consumed,”; and
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(b) In the Sixth
Schedule, at serial No. 3, for the figure and word "2 ½ Kilowatts,"
the figure and words "500 Kilo Volt Ampere" shall be substituted.
5. Amendment of [Khyber Pakhtunkhwa]Ord. III of 2000.---In
the [Khyber
Pakhtunkhwa] Sales Tax Ordinance, 2000 ([Khyber
Pakhtunkhwa] Ord. III of 2000), in the Schedule, in
the entry at serial No. 2, for clause (ii), the following shall be substituted,
namely: -
"(ii) advertisements
financed out of funds provided under grant-in-aid Agreement; and".
APPENDIX
"SCHEDULE-1"
[see section-2]
STAMP DUTY ON INSTRUMENTS
[SEE SECTION-3]
Article
Number
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Description of Instrument
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Proper Stamp
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1
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2
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3
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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.
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Ten rupees.
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2.
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ADMINISTRATTON 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) (b) In
any other case.
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The same duty as on a Bond
(No. 15) on such amount.
One hundred and fifty 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 adopt.
ADVOCATE
SEE ENTRY AS AN ADVOCATE (NO. 30).
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One hundred and fifty 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 (VII of 1911) or the Pakistan Army Act, (XXIX of 1951) or
the Indian Air Force Act, 1932 (XIV of
1932) or the Pakistan Air Force Act, (VI
of 1953);
(b) for the
immediate purpose of being filed or used in any
Court of 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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Thirty rupees.
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5.
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AGREEMENT
OR MEMBERADUM OF AN AGREEMENT-
(a)
If relating to the
sale of a bill of exchange,
(b) If relating to the sale of Government security.
(c) If relating to the sale of a share in an incorporated company or
other body corporate.
(cc) If relating to the sale of immovable property.
(ccc) for collection or recovery of tax on transfer of immovable
property by a contractor with a Local Council.
(d) if not otherwise
provided for.
EXEMPTIONS
(a) Agreement or
Memorandum of an agreement for or relating to the purchase of 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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Three rupees.
Two
rupees for every 310,000 rupees or part thereof of the value of the security,
subject to a maximum of one hundred rupees.
Two rupees for every rupees 5000 or part thereof of the value of
the share.
One hundred rupees,
Fifty paisa for every rupees one hundred or part thereof the
amount of the contract.
Fifty rupees.
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6.
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AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, 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 any of loan or an existing
or future debt,-
(a) if
such loan or debt is pay on demand or more than three months from the date of the instrument evidencing the agreement.
(i) in the case of banking companies or
other financial institutions, when the entire finance is not based on interest; and
(ii) in
any other case.
(b) If such loan or debt is
repayable not morethanthree months
from the date of such instrument.
(i) in the case of banking companies or other financial
institutions, when the entire finance
is not based on interest;and
(ii) in any other case.
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One-fifth of one percent, that
is to say, 0.2% of the loan amount
subject to a maximum of one hundred
thousand rupees.
One-fifth of one percent, that
is to say, 0.2% of the loan amount.
One-tenth of one percent, that
is to say, 0.1% of the loan amount subject
to a maximum of fifty thousand rupees.
One-tenth of one percent, that
is to say 0.1% of the loan amount.
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6(A)
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Allotment Order or Transfer of Allotment Order issued by a
developer, builder, co-operative Society, housing society or housing authority, or any other body or organization providing open plots dwelling houses or
built up commercial premises;
i) in
respect of residential open plots.
ii) in respect of commercial open plots.
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Rupees 100/-per Marla.
Rupees 200/- per Marla.
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6(B)
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Transfer of Allotment Orders before lease.
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one half of the rates calculated according to the rats given in
clause (A) above
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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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Seventy rupees.
One hundred and fifty 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.
EXEMPTIONS
(a)
Appraisement of
valuation made for the information of one party only, and not being in any
manner obligatory between parties either by agreements 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.
Rupees one hundred and fifty
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8-A
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Application
made on plain paper.
(i)
For arms licences
of non prohibited bore.
(ii) For arms licences of prohibited bore.
(iii) For form X and XII prescribed under the
Arms Rules.
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One hundred & fifty rupees
One
hundred & fifty rupees
One
thousand & Five hundred 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(XIX
of 1850) or by which a person is apprenticed by or at the charge of any
public charity.
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Rupees one hundred and fifty.
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10.
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ARTICLS
OF ASSOCIATION OF A COMPANY
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Deleted
through Finance Act, 2004.
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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 OF ADOPT See ADOPTION DEED (No.3).
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One thousand rupees.
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11(B)
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AUTHINTICATED DECLARATIONS that is to say declarations
of newspapers, periodicals or printing presses authenticated by a
legally competent authority.
Explanation I---The duty shall be paid by
the declarant. Explanation II—The declaration shall not he
authenticated unless the duty is paid.
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Five thousand rupees per declaration
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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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12(B)
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BILL OF ENTRY including goods
declaration or any
documents relating to good declaration
for the purpose of custom
clearance.
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Two hundred and twenty five
rupees.
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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) (a) where
payable otherwise than on demand by
not more than one year after date
or sight-
(i) if
drawn singly
(ii) if drawn in set
of two, for each part of the set.
(iii) if
drawn in set of three, for each part ofthe set
(b) Where payable more than one year after date or sight.
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Two rupees for every Rs.1000/- or part
thereof of the amount of the Bill.
Rs.1.50/- for every Rs.1000/-or
part thereof of the amount of the Bill
One rupees for every Rs.1000/-or
part thereof of the amount of the Bill.
2.25 percent of the amount of the bill.
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14
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BILL OF LADING (including a through bill of lading). Note—If a bill of lading is drawn in parts, the proper stamp therefore must be borne by each one of the sets.
EXEMPTION
(a)
Bill
of lading when the goods therein described are received
at a place within the limits of any port as defined
under the Ports Act, 1908, XV of 1908, and are
to be delivered at another place within the limits of the same port.
(b)
Bill
of lading when executed out of Pakistan and relating
to property to be delivered in Pakistan.
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Ten rupees for every one lac
rupees or part thereof the value of the bill subject to minimum of one hundred
rupees.
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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.
(i) Where
the amount or value secured does not
exceeds Rs.500/-
(ii) Where
it exceeds Rs.500/-, for every additional
amount of Rs.500/- or part thereof.
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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.
I
Fifteen Rupees.
Fifteen Rupees.
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See ADMINISTRATION
BOND (No. 2) BOTTOMRY BOND (No. 16) CUSTOMS BOND (No.26).
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INDEMNITY
BOND (No. 34) RESPONDENTIA BOND (No.56) SECURIY 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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BOTTOMARY 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 any instrument 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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Seventy 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
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Two percent of the consideration equal to the amount of the purchase money.
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19.
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CERTIFICATE 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.
Sec also LETTER OF ALLOTMENT OF SHARES (No.36)
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Thirty 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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One hundred rupees for every one lac rupees or part thereof of the value of the charter party.
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21.
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CHEQUE PAY ORDER OR BANK DRAFT.
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Deleted.
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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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22(A)
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CONTRACT, that is to say any instrument of the nature of memorandum of agreement, made or entered into by a contractor with Government, a Corporation, Local Body,
Local Authority, Agency or Organization set
up or controlled by the Federal or the Provincial
Government.
(a) to
execute any work-
(i) where
the amount of contract does not exceed fifty thousand rupees;
(ii) where
the amount exceeds fifty thousands 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.
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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.
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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.
(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.
(iii) For
the purpose of sub-clause (ii) “built up area” shall
mean land which is occupied as site of a building
or enclosure and is not used for agricultural purposes
or a purpose subservient to agriculture.
(iv) duty
chargeable in respect of instrument relating to property in an urban area specified by the government under sub clause (i) shall be effective from the date such area is specified as urban area.
Explanation-IIAny
reference in schedule I to article 23 shall mean a reference to
sub articles (a) and (c) only.
(1)
"rural
area" means an area not within the boundaries
of a City, Municipality or Cantonment
Board;
(2)
"agricultural
land'' means any land in the rural area other
than a village abadi or a town.
EXEMPTION
Assignment of copyright by entry made under the Copy Right
Act, 1914, Section 5.
CO-PARTNERSHIP-DEED, See PARTNERSHIP (No.46)
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Two rupees for every one hundred rupees or part thereof
of the value of land.
Two rupees for every one hundred rupees or part thereof
of the value of the property.
Two 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.
EXEMPTIONS
(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, dedications, marriages (divorces),
deaths or burials.
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Three rupees.
Fifteen rupees.
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25.
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COUNTIERPART 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 five 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.
Twenty 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 OR PARTICIPATION CERTIFICATE OR TERM FINANCE CERTIFICATE OR
ANY OTHER INSTRUMENT OF REDEEMABLE CAPITAL
OTHER THAN A COMMERCIAL PAPER.
(whether or not a mortgage debenture, a Participation
Term Certificate, a Term Finance Certificate or
any other instrument of redeemable capital), being a marketable security
transferable by endorsement or by separate instrument of transfer or by
delivery.
EXPLANATION. I The
term "Debenture includes any interest
coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.
EXPLANATION. II. The
term "Participation Term Certificate"
means an instrument or certificate of a specified
denomination called the face value or nominal value,
issued by a company for raising capital, the holder whereof participates in the profit and loss of the
company over such period to such extent and on such conditions as may be specified at the time if its issue.
EXPLANATION. III. The
term "Term Finance Certificate"
means a fixed tenure instrument of certificate of
a specified denomination called the face value or nominal value issued to raise capital by a body
corporate in the form of transferable security.
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One-Twentieth of one percent, that is to say. 0.05%
of the face value per annum subject to the maximum of one
million rupees.
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28.
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DELTVERY 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).
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Ten rupees.
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29.
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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)
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Fifty rupees.
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30.
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ENTRY AS ANADVOCATE,
OR ATTORTY 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 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.
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One thousand and five hundred
rupees.
One thousand and five hundred rupees.
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31.
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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).
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Two rupees for every one hundred rupees of the value
of the property of the greatest value.
Two rupees for every one hundred rupees of the value
of the property of the greatest value.
Two rupees for every one hundred rupees of the value
of the property of the greatest value.
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31-A.
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Financing document, that
is to say, any instrument or set of instruments in the
nature of sale and repurchase on mark up basis agreement of letter of
hypothecation or pledge, mortgage,
memorandum of deposit of title deed, or deed of floating charge executed in favour of a banking
company by any of its customers under
any mode of finance not based on
interest, in a single transaction.
i)
Where
the amount does not exceed
Rs. 0.5 Million.
ii)
Where
the amount does not exceed
Rs. 1.00 Million.
iii)
Where
the amount exceeds Rs. 1.00 Million, but does
not exceeds 10.00 Millions.
iv)
Where
the amount exceeds Rs. 10.00 Millions, but
does not exceed 50.00 Millions
v)
Where
the amount exceeds Rs. 50.00 Millions, but
does not exceeds 100.00 Millions.
vi)
Where
the amount exceeds Rs. 100.00 Millions but
does not exceed 300.00 Millions.
vii)
Where
the amount exceeds Rs. 300.00 Millions but
does not exceed 500.00 Millions.
viii)
Where
the amount exceeds Rs. 500.00 Millions.
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0.2 percent (Advalorem)
One thousand rupees.
Two thousand and five hundred
rupees.
Ten thousand rupees.
Twenty five thousand rupees.
Thirty five thousand rupees.
Fifty thousand rupees.
One lac rupees.
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32.
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FUTURE 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 given.
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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.
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33.
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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 of Agricultural Land;
(b)
other property
(other than legal heir).
HIRING AGREEMENT or agreement of service, See AGREEMENT. (No.5)
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1.25 percent as set forth in such
instruments.
Two rupees for every one hundred rupees or part thereof
of the value of the property, as notified by the District Collector.
Three percent of the value of the property, as notified by the District Collector.
|
34.
|
INDEMNITY BOND INSPECTION-DEED,
See COMPOSITION-DEED (No.22).
INSURANCE,
See POLICY OE 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 let or sub-let-
(a)
where by such lease the rent is fixed and
no premium is paid or delivered—
I (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 no rent 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 addition 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 on a Bond (No. 15) for a consideration equal to the amount or
value of the average annual rent reserved.
The same duty as on a Bond (No. 15) 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 on a Bond (No. 15) 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 leases is stamped with the advaloremstamp
required for a lease and a lease in pursuance of such agreement is
subsequently executed, the duty on such lease shall not exceed one hundred
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 the 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 theadvaloremstamp
required for a lease and such agreement is subsequently executed, the duty on
such lease shall not exceed one hundred 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 only.
|
37
|
LETTER OF CREDIT, that is to say, the instrument including applications and agreements for opening
letter of credit by which one person authorizes
another to give credit to the person in whose favour it is drawn-
a) If
the amount of letter of Credit does not exceed
Rs. 50,000;
b) If
the amount exceeds Rs. 50,000/- but
does exceed Rs. 500,000;
c) for
any amount exceeding Rs. 500,000/-
LETTER OF GAURANTEE See agreement No. 5
|
One hundred rupees.
Two hundred rupees.
Five hundred rupees.
|
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.
|
Seventy rupees.
|
39
|
MEMORANDUM OF ASSOCIATION OF A COMPANY-
|
Deleted through Finance Act, 2004
|
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.41), RESPONDENTIA 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;
Explanation:-A
mortgagor who gives to the mortgage 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-
(i) for
every sum secured not exceeding Rs. 1,000.
(ii) and
for every Rs, l ,000 or part thereof secured
in excess of
Rs. 1,000.
d). i). Mortgage with banking companies, that
is to say, simple or legal mortgage for banking
companies or other financial institution, when the entire finance is not
based on interest; and
ii). In
any other case.
iii). Mortgage
with banking companies - simple/ legal
mortgage for banking companies.
|
The same duty as on a Conveyance (No.23) for a consideration equal to the amount secured by such deed
The same duty as on a Bond
(No. 15) for the amount secured by such deed.
Fifteen rupees.
Fifteen rupees.
One-fifth of one percent, that is to say, 0.2% of the loan amount subject to a maximum of one hundred thousand
rupees.
One fifth of one percent, that is to say,
0.2% of the loan amount.
0.25% of the mortgage money.
|
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;
for every Rs.200.00 or part thereof the sum
secured
(b) when loan is repayable more than three
months, but not more than
eighteen months, from the date of
instrument-for every Rs.100/- or part thereof of the
sum secured.
|
One percent
One percent
|
42.
|
NOTARIAL ACT, that is to say, any instrument, endorsement, note, attestation, certificate or entry
not being a PROTEST (No.50) made or signed by 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 NOTE (No.50)
|
Twenty five rupees.
|
43.
|
NOTE OR
MEMORANDUM 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.
Three Rupees for every Rs.l0,000/-or
part thereof of the value of the security subject to a maximum of fifty
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).
|
10 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 if there are two or more shares of equal value and not smaller than any
of 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 severally is executed and a partition 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 one hundred 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 an 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 one
hundred rupees.
(d) When instrument
of
partition is executed in respect of agricultural land, the stamp duty shallbe
charged as one rupee
and twenty five paisa for
every one hundred rupees
or part thereof of the value
of 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 AGREEMENT RELATION TO DEPOSIT OF
TITLE-
DEEDS
PAWN OR PLEDGE (No.6)
|
One hundred and fifty rupees.
Five hundred rupees.
Half of the stamp duty payable
on original
|
47
|
POLICYT OF INSURANCE
A-See
INSURANCE (See section 7)—
(1) For
each voyage--
(i) where
the premium or 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;
If drawn singly.
If
drawn in duplicate for each part.
(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.
If drawn singly.
If drawn in duplicate for each part.
(2) For
time--
In respect of every full sum of Rs. 2,000 or
part thereof insured by the policy–
(i) where
the insurance shall be made for any time not exceeding
six months;
If drawn singly.
If drawn in duplicate for each part.
(ii) where
the insurance shall be made for any time not exceeding
six months and not exceeding twelve months.
If drawn singly.
If drawn in duplicate for each part.
B-FIRE-INSURANCE AND OTHER CLASSES OF
INSURANCE NOT ELSEWHERE INCLUDED IN
THIS ARTICLE 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 traveling by the
intermediate or 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
exceeds
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 or 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 OR 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;
If drawn Singly
If drawn in duplicate for each part.
(ii) for
every sum insured exceeding Rs.250 but not exceeding
Rs.500;
If drawn Singly
If drawn in duplicate for each part.
(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.
If drawn Singly
If drawn in duplicate for each part.
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 NATURESPECIFIED IN DIVISION A OR DIVISION B
OF THIS ARTICLE WITH ANOTHER COMPANY BY WAY
OF INDEMNITY OR GUARANTEE AGAINST THE PAYMENT 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 or
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.
|
Three rupees
Three rupees
Three rupees
Three rupees
Three rupees.
Three rupees
Three rupees
Three rupees
Five rupees.
Eight rupees.
One half of the duty payable
in respect of the original policy in addition to the amount,
if any, chargeable under No 53.
Three rupees
Three rupees;
provided that, in case of a 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.
Three rupees.
Three rupees
Three rupees
Three rupees
Three rupees
Three rupees
Three rupees
One-half of the duty payable
In respect of the original insurance but not less
than three rupees or more than eight rupees.
|
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), (e), (ee) and (eee).
(c)
When
authorizing not more than five persons to act 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.
(ee) When
given for consideration and authorizing the attorney
to sell any immovable property in the case of
legal heir.
(eee). When
given not for consideration and authorizing the attorney to sell any immovable property
(d) In any
other case.
EXPLANATION 1. For the purpose of this Article more person than one
when belonging to the same firm shall be deemed to be one person.
EXPLANATION 2. The term "Registration" includes every operation incidental registration under the Registration Act, 1908;
|
Two hundred rupees
Two hundred & fifty rupees,
Seven hundred & fifty rupees.
Nine hundred rupees.
The same duty as is leviable on a Conveyance (No.23) for the amount of the
consideration.
One thousand rupees.
Two thousand rupees.
Fifteen rupees
for each person
authorized.
|
49.
|
PROMISSORY
NOTE [as defined by section 2(22)]—
(a) when payable on demand-
(i) when amount or value does not exceed rupees 2,50,000
(ii) when amount or
value exceeds
Rs. 2,50,000 but does not exceed
Rs. 5,00,000
(iii) in any other
case
(b) (b) when payable otherwise than on demand,
including a commercial paper
|
Thirty rupees
Sixty rupees
One hundred rupees
One-fiftieth of one percent, that is to say, 0.02%
per annum of the amount payable.
|
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 dishonur of a
Bill of Exchange for promissory note.
|
Fifteen rupees.
|
51.
|
PROTEST
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).
|
Fifteen 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, or 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.
|
Ten rupees.
|
53.
|
RECEIPTS
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.
EXEMPTIONS
RECEIPT—
(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 allowances by non-commissioned or petty officer;
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 noncommissioned
or petty officer, soldier, sailor or airmen or any of the said forces and serving in such capacity;
(f)
for
pensioners 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, and not serving the State in any other 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 same is not expressed to
be received of, or by the hand of, any other than the
person to whom the same is to be accounted for: Provided also that this exemption shall not extend to receipt or acknowledgment 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
incorporated 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)].
|
Two 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 Bond
(No. 15) for the amount of
such consideration as set forth in the re-conveyance.
One hundred And thirty 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 laden or to be laden on
board a ship and making repayment contingent on
the arrival of the cargo at the part of destination.
REVOCATIONOFARMYTRUST
OR SETTLEMENT.
See settlement (No.58) Trust (No. 64).
|
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 asurety to secure the due performance of a contract—
(a)
when
the amount secured does not exceed Rs.
1,000
(b)
in
any other case.
EXEMPTIONS
Bond
or other instrument, when executed
by any person for the purpose of
guaranteeing that the local income derived
from private subscriptions to a charitable dispensary
or hospital or any other object of public utility shall not be less than a specified sum per mensem;
(a) under
No. 3-A of the rules made by the Provincial
Government under section 70 of the Sindh Irrigation Act, 1879;
(b)
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 advance;
(c)
executed
by servants of the State of 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 thirty 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
rupees for every one
hundred rupees or part
thereof of the value of the
property settled.
Two rupees for every one hundred rupees or part thereof
of the value of the property settled.
The same duty as is leviable
on a 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 executed, the duty on such ,
instrument shall not exceed one hundred 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) for a consideration equal to the amount or value of the property concerned, as set forth in the
Instrument of Revocation but not exceeding one hundred rupees.
|
59.
|
SHARE 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 one and a half per centum of the additional capital so
issued.
SCRIP, See Certificate
(No.19).
|
One
and half times the duty payable on a Bond (No. 15) 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.
|
Ten 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 thirty rupees.
|
62.
|
TRANSFER
(whether with or without consideration)-
(a) of shares in an incorporated company
or other body corporate;
(b) of Debenture or
Participation Term Certificate- or Term Finance Certificate or any other instrument
of redeemable capital (other than Commercial paper), whether mortgaged or
not, being a transferable
security, whether liable
to duty or not except as provided for by
section 8;and
(c) of any interest
secured by a bond, mortgage-deed or policy of insurance-
(i) if the duty on
such bond, mortgage-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 io another trustee or from a
trustees to a beneficiary.
EXEMPTIONS
Transfers
by endorsement—
(a)
of a bill of
exchange, cheques or promissory note;
(b)
of a bill 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-forth
of the duty, payable on a Conveyance (No.23) for a consideration equal to the
value of the share.
One-tenth
of one percent, that is to say, 0.1 % of the face value of the instrument.
The
duty with which such bond, mortgage-deed or policy of insurance is
chargeable.
Seventy
rupees
Seventy rupees.
Thirty rupees or such smaller amount as may be chargeable under clauses (a)
to (c) of this Article.
|
63.
|
TRANSFER OF LEASE by 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 a Conveyance (No.23) for a 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-REVOCATION 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 one
hundred 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 one hundred rupees.
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65.
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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.
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Ten rupees.
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