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THE
WEST PAKISTAN FINANCE ORDINANCE, 1969.
WEST PAKISTAN ORDINANCE, NO.VII OF 1969.
[20th
June, 1969.]
CONTENTS
PREAMBLE
SECTIONS
1.
Short title, commencement and extent.
2.
Surcharge on agricultural income-tax in certain Districts.
3.
Cinema Tax.
4.
Surcharge on Motor Vehicle Tax.
5.
Tax on railway fares and freights.
[6. Enhanced
Electricity Duty.]
7.
Amendment of Stamp Act, 1899.
8.
Welfare Cesses.
9.
Amendment of West Pakistan Act, No. XXIX of 1964.
10.
Amendment of section 5 of West Pakistan Act No. X of 1958.
11.
Application of existing laws.
12.
Bar of suits in Civil Courts.
13.
Power to make rules.
THE WEST PAKISTAN FINANCE ORDINANCE, 1969.
WEST PAKISTAN ORDINANCE No. VII OF 1969.
[20th
June, 1969.]
AN
ORDINANCE.
to continue and levy certain taxes, cesses
and surcharge in the
Province of West Pakistan.
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WHEREAS
it is expedient to continue and
levy certain taxes, cesses and surcharges in the Province of West Pakistan.
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Preamble.
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NOW, THEREFORE, in pursuance of the Martial Law
Proclamation of 25th March, 1969, read with the Provisional Constitution Order,
the Administrator of Martial Law, Zone A, in exercise of the powers of the
Governor of West Pakistan conferred on him by the Chief Martial Law Administrator,
is pleased to make and promulgate the following Ordinance:-
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1. (1) This
Ordinance may be called the West Pakistan Finance Ordinance, 1969.
(2) It shall, except as provided
hereinafter, come into force on and from the first day of July, 1969.
(3) It shall extend, except as
otherwise specified hereinafter, to the whole of the [Province of the Khyber Pakhtunkhwa] excluding the
Tribal Areas.
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Short
title, commen-cement and extent.
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2.
(1) There shall be levied and
collected from every owner of land which is assessed to agricultural
income-tax in the District of Bannu, Dera Ismail Khan, Hazara, Mardan, Kohat,
Peshawar. [........]
the land revenue payable in the agricultural year 1968-69, an additional
amount of agricultural income-tax by way of surcharge at the rate specified
in the First Schedule.
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Surcharge
on Agric-ultural Income-tax
in
certain Districts.
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Explanation.— For purposes of this section,
"agricultural year" means the
agricultural year as defined in the West Pakistan Land Revenue Act, 1967.
(2) The provisions of the [Khyber Pakhtunkhwa] Agricultural Income-tax Act, 1948
[.......]
shall, so far as may be, apply to the assessment, collection and recovery of
the surcharge imposed under this section.
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3. (1) There shall be levied and
collected a tax on cinemas payable by the Owner or management thereof at the
following rates for the financial year 1969-70:—
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Cinema
Tax.
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(i) In
the case of a cinema classed as
a first class cinema.
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One thousand rupees.
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(ii) In
the case of a cinema classed as
a second class cinema.
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Five hundred rupees.
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(iii) In
the case of a cinema classed as
a third class cinema.
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One hundred rupees.
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(2)
If the person responsible for the payment of the tax under sub-section (1)
fails to pay the tax within the period prescribed under the rules for its
payment, he shall be liable to pay, in addition to the amount of such tax, a
penalty not exceeding the amount of the tax payable.
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4. There shall be levied and collected
in any area in which a tax is imposed on motor vehicles by or under any
enactment in force in [Khyber Pakhtunkhwa] a surcharge on such tax,
payable by the person by whom the tax is payable at the following rates for
the financial year 1969-70;
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Surcharge
on Motor Vehicle Tax.
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(i) Motor
vehicles used for the transport
or carriage of goods and materials.
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Twenty-five
rupees..
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(ii) Motor
vehicles plying for hire and
licensed to carry more than eight
persons.
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Fifty
rupees.
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5. Until the 30th day of June, 1970,
there shall be levied and paid on railway fares and freights a tax according
to the scale set out in the Second Schedule.
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Tax
on railway fares and freights.
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[6 . . . . . . ]
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Enhanced
Electricity Duty.
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7.
With effect from 1st July, 1969, for the existing Schedule I to the Stamp
Act, 1899 (Act No. II of 1899), the Schedule contained in the fifth Schedule
to this Ordinance shall be substituted.
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Amendment
of Stamp Act, 1899.
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8.
(1) With effect from 1st July, 1969, there shall be levied and collected a
cess, called the Welfare Cess, upon all tickets issued for admission to
cinema houses and race-courses, at the following rates
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Welfare
Cess.
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(i) In
the case of tickets for admission
to a cinema house.
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[One rupee] per ticket.
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(ii) In
the case of tickets for admission
to a race-course :
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One
rupee per ticket.
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(2)
The cess imposed under sub-section (1) shall be levied and collected, so far as
may be, and subject to any rules made by the Provincial Government in this
behalf under this Ordinance, in the same manner as the entertainment duty
payable under the West Pakistan Entertainments Duty Act, 1958 (W.P. Act No. X
of 1958).
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9. (1) In the Pakistan Day Memorial Cess
West-Pakistan, Act, 1964 for section 4, the following section shall be
substituted and shall be deemed to have been so substituted with effect from
30th June 1968:—
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Amendment
of W.P Act No. XXIX of 1964.
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“4. The cess shall be levied upto the
thirtieth day of June, 1969.”
(2)
Notwithstanding anything contained in sub-section (2) of section 4-B, of the
Pakistan Day Memorial Cess (West Pakistan) Act, 1964, the proceeds of the cess
imposed under the said Act, as modified by this Ordinance, payable on or after
the 1st day of July,1968, shall be credited into the Provincial Consolidated
Fund of West Pakistan.
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10. In the West Pakistan Entertainments
Duty Act, 1958, for sub-section (2) of section 5, the following sub-section
shall be substituted, namely:—
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Amendment
of section 5 of W.P. Act No. X 1958.
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“(2)
The Government may, by an order in writing, require the proprietor of any
entertainment in respect of which the entertainment duty is payable under
section 3 on the application of any such proprietor permit him on such
conditions as the Government may prescribe to pay the amount of the duty due:—
(a)
by a consolidated payment; or
(b)in accordance with returns of the payments for admission to the
entertainment and on account of the duty; or
(c)
in accordance with the results recorded by any
mechanical contrivance that automatically registers the number of persons
admitted".
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11. Where any tax,
cess or surcharge imposed by this Ordinance, is by way of an addition to, or
a surcharge on, any existing tax, imposed by or under an enactment in force
in [Khyber
Pakhtunkhwa] the procedure provided in such enactment and the rules framed thereunder
for the assessment, collection and recovery of such tax, shall so far as
applicable, apply to the assessment, collection and recovery of the
additional tax, cess or surcharge.
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Application of existing laws.
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12. No suit shall lie
in any Civil Court to set aside or modify any assessment, levy or collection
of a tax, duty, cess or surcharge made under this Ordinance and the rules
thereunder or any penalty imposed under subsection (2) of section 3.
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Bar of suits in Civil Courts.
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13. (1) The Provincial
Government may make rules for carrying into effect the purposes of this
Ordinance, and such rules may, among other matters, prescribe the procedure
for the assessment, collection and payment of any tax or cess levied or the
imposition of any penalty under this Ordinance, in so far as such procedure
is not provided in this Ordinance.
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Power to make rules.
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(2) Any rule made or
deemed to have been made under the corresponding provisions of the West
Pakistan Finance Act, 1968 (W.P. Act No. III of 1968), shall, so far as may be,
continued and be deemed to have been made under this Ordinance.
FIRST SCHEDULE.
(See Section. 2)
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Surcharge
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Where the total land-revenue payable does not exceed Rs. 349.
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Nil.
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Where the total land-revenue payable exceeds Rs. 349 but does not exceed Rs.
499.
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Rupees twelve.
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Where the total land-revenue payable exceeds Rs. 499 but does not exceed Rs.
749.
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Rupees twenty four.
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Where the total land-revenue payable exceeds Rs. 749 but does not exceed Rs.
999.
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Rupees fifty.
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Where the total land-revenue payable exceeds Rs. 999 but does not exceed Rs.
1,999.
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Rupees one hundred
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Where the total land-revenue payable exceeds Rs. 1,999 but does not exceed Rs.
4999.
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Rupees two hundred and fifty.
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Where the total land-revenue payable exceeds Rs. 4,999 but does not
exceed Rs. 9,999.
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Rupees five hundred.
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Where the total land-revenue payable exceeds Rs. 9,999.
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Rupees one thousand.
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SECOND SCHEDULE
(See Section 5)
TAX ON RAILWAY FARES AND FREIGHTS
PART—I
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Freight (Goods)
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Tax
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Where the freight on
any consignment does not exceed
Rs. 3.
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Nil.
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Where the freight on
any consignment exceeds Rs.3.
but does not exceed Rs. 10.
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Six paisa.
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Where the freight on
any consignment exceeds Rs.
10 but does not exceed Rs. 25.
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Twelve paisa.
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Where the freight on
any consignment exceeds Rs.
25 but does not exceed Rs. 50.
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Twenty-five paisa.
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Where the freight on
any consignment exceeds Rs.
50 but does not exceed Rs. 75.
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Fifty paisa.
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Where the freight on
any consignment exceeds Rs.
75 but does not exceed Rs. 100.
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One rupee.
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Where the freight on
any consignment exceeds Rs.
100 but does not exceed Rs, 150.
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Two rupees.
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Where the freight on
any consignment exceeds Rs.
150 but does not exceed Rs, 225.
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Three rupees.
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Where the freight on
any consignment exceeds Rs.
225 but does not exceed Rs. 300.
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Four rupees.
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Where the freight on
any consignment exceeds Rs.
300.
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Four rupees plus one
rupee for every hundred rupees in excess of three hundred rupees of freight.
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PART II
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Fares (Passengers)
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Amount of tax
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On a First Class
ticket
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50 paisa.
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On a Second Class
ticket
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25 paisa.
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On an Inter Class
ticket
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12 Paisa.
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On a Third Class ticket
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6 paisa.
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Provided that no tax
exceed Rs. 3, shall be levied where the fare does not exceed Rs. 3,
THIRD SCHEDULE
(See
section 6)
"FIFTH SCHEDULE
(see Section. 13)
Rate of Electricity Duty
1. For energy consumed in respect of premises not
falling under Article 2 of this Schedule, used For—
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(a)
Residential, office or
commercial purposes.
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Two paisa for each
unit of energy consumed.
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(b)
An industrial
undertaking
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One paisa for every
two units of energy consumed.
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(c)
Tubwells, irrigation
and agricultural machinery.
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One paisa for every
two units of energy consumed.
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Explanation..— Premises which are used wholly or principally or
manufacturing processes within the meaning of section 2 of the Factories Act
1934, shall be deemed to be used for an industrial undertaking.
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2.
For energy consumed in respect of all premises where the supply
of energy by a licensee is unmetered.
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4 paisa for every
rupee of flat charge realized by the licensee; provided that no duty shall be
levied where such a charge does not exceed Rs. 5 during a month.
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FOURTH SCHEDULE
(Section 6)
SIXTH SCHEDULE
(see Section. 13)
Exemption from Electricity Duty.
(1)
Any Government, save in respect of premises used
for residential purposes.
(2)
A Local Authority, save in respect of premises
used for residential purposes.
(3)
Energy generated by a plant having a capacity
not exceeding 2 Killowatts.
(4)
Energy consumed (including losses of energy) in
generation, transmission and transformation.
(5)
Energy consumed in mosques, churches and other
places of public worship.
(6)
Any consumer using not more than 20 units in any
one month.
(7)
Vessels, whether sea-going or inland.
FIFTH SCHEDULE
(See Section. 7)
“SCHEDULE I
STAMP DUTY ON INSTRUMENTS
(See Section 3)
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Description of Instrument
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Proper Stamp-duty
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1.
ACKNOWLEDGMENT of a debt exceeding
twenty rupees in amount or 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 acknowledgment 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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Two paisa for each unit
of energy consumed.
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(a)
where such amount does
not exceed Rs. 100.
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15 paisa.
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(b)
where such amount
exceeds Rs.100 but does not exceed Rs.2,000.
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40 paisa.
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(c)
where such amount
exceeds Rs.2,000.
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2.
ADMINISTRATION BOND,
including a bond given under sections 291, 375, and 376 of the
Succession Act, 1925, section 6 of the Government Savings Banks, Act, 1973:—
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(a)
where the amount does
not exceed Rs. 1,000;
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The same duty as on a Bond (No. 15) for such amount.
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Description of Instrument
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Proper Stamp-duty
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(b) in any other case
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Thirty rupees.
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3.
ADOPTION-DEED That is to say, any
instrument (other than a will recording an adoption or conferring or
purporting to confer an authority to adopt.
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Fifty Rupees.
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ADVOCATE, See ENTRY AS AN ADVOCATE (No. 30).
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4.
AFFIDAVIT including an
affirmation or declaration in the case of persons by law allowed to affirm or
declare instead of swearing.
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Four rupees.
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EXEMPTIONS
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Affidavit or declaration in writing
when made—
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(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;
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(b)
for the immediate
purpose of being filed or used in any Court or before the officer of any
Court; or
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(c)
for the sole purpose of
enabling any person to receive any pension or chairtable allowance.
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5.
AGREEMENT OR MEMORANDUM
OF AN AGREEMENT—
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(a)
if relating to the
sale of a bill of exchange:
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One rupee
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Description of Instrument
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Proper Stamp-duty
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(b)
if relating to the
sale of Government security;
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Fifty paisa for every
Rs. 10,000 or part thereof the value of the security, subject to a maximum of
fifty rupees.
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(c)
if relating to the
sale of a share in an incorporated company or other body corporate;
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Twenty-five paisa for
every Rupees 5,000 or part thereof the value of the share.
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(d)
if not otherwise
provided for
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Four Rupees.
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EXEMPTIONS
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Agreement or
Memorandum of an Agreement—
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(a)
for or relating to the
purchase of or sale of goods or merchandise exclusively, not being a NOTE OR MEMORANDUM chargeable under
No.43:
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(b)
made in the form of
tenders to the Central Government for or relating to any loan.
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AGREEMENT TO LEASE,
See LEASE (No.35).
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6.
AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS PAWAN OR PLEDGE. that is to say, any instrument evidencing an agreement relating
to—
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(1)
the deposit of title deeds or instruments constituting or being
evidence of the title to any property whatever (other than marketable
security), or
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Description of Instrument
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Proper Stamp-duty
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(2)
the pawn or plege 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—
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(a)
if such loan or debt
is repayable on demand or more than for three months from the date of the
instrument evidencing the agreement;
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The same (duty as on a Bill of Exchange [No.13 (a)] for the
amount secured.
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(b)
if such loan or debt
is repayable not more than three months the date of such instrument.
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Half the duty (payable on Bill of Exchange [No.13 (a)] for the
amount secured.
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EXEMPTION
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Instrument of pawn or pledge of goods
if unattested.
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7.
APPOINTMENT IN
EXECUTION OF A POWER where made by any writing not being a will-
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(a)
of trustees.
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Thirty-five rupees.
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(b)
of property, movable
or immovable.
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Seventy rupees.
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8.
APPRISEMENT OR
VALUATION made otherwise than
under an order of the Court in the course of a suit.
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(a)
where the amount does
not exceed Rs. 1,000
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The same duty as on a Bond
(No. 15) for such amount.
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Description of Instrument
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Proper Stamp-duty
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(b)
in any other
case
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Thirty rupees.
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EXEMPTION
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(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 operatin of law.
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(b)
Appraisement, of crop
for the purpose of ascertaining the amount to be given to a landlord as rent.
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9.
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.II).
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Twenty-five rupees.
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EXEMPTION
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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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10.
ARTICLES OF
ASSOCIATION OF A COMPANY—
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(a)
where the company has
no share capitals or the nominal share capital does not exceed Rs. 2,500 ;
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Fifty rupees.
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(b)
where the nominal
share capital exceeds Rs. 2,500 but does not exceed Rs. 1,00,000 ;
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One hundred rupees.
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Description of Instrument
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Proper Stamp-duty
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(c)
where the nominal
share capital exceeds Rs. 1,00,000 but does not exceeds Rs. 10,00,000
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Two hundred rupees.
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(d)
where the nominal
share capital exceeds Rs. 10,00,000
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Five hundred rupees.
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EXEMPTION
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Articles of any Association and not formed for profit and registered
under section 26 of the Companies Act 1913.
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see also MEMORANDUM OF ASSOCIAT- ION OF A COMPANY (No.39).
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11.
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.
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Five hundred rupees.
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ASSIGNMENT. See CONVEYANCE (No.23),
TRANSFER (No. 62) and TRANSFER OF LEASE
(No.63), as the case may be ATTORNEY
(No.30), AND POWER OF ATTORNEY (No. 48).
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AUTHORITY TO ADOPT. see ADOPTION-DEED
(No.3).
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12.
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 otherwise 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 property to which award relates as
set forth such award subject to maximum fifty rupees.
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13.
BILL OF EXCHANGE as defined by section
2 (2) not being BOND , bank note or currency note—
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(a)
where payable
otherwise than on demand but not more than one year after date or sight—
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Description of Instrument
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Proper Stamp-duty
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50
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If drawn singly
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If draw in set of two, for each port 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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Twenty Paisa.
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Ten paisa
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Five Paisa
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if it exceeds Rs. 200
but does not exceed Rs. 400.
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Forty Paisa
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Twenty Paisa.
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Ten Paisa.
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if it exceeds Rs. 400
but does not exceed Rs. 600
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Sixty Paisa.
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Thirty Paisa
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Twenty Paisa.
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if it exceeds Rs 600
but does not exceed Rs. 800.
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Eighty paisa
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Forty paisa
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Thirty paisa
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if it exceed Rs. 1,000
but does not exceed Rs. 1,200
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One rupee
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Fifty paisa
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Thirty paisa
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if it exceeds Rs.
1,000 but does not exceed Rs. 1,200
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Rs. 1.20
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Sixty paisa
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Forty paisa
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if it exceed Rs. 1,200
but does not exceed Rs. 1,600
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Rs. 1.50
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Seventy-five paisa
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Fifty paisa
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if it exceeds Rs.
1,600 but does not exceed Rs. 2,500
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Rs. 2.50
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Rs. 1.50
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Rs. 1.00
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if it exceed Rs. 2,600
but does not Rs. 5.00 exceed Rs.
5,000
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Rs. 5.00
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Rs.2.50
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Rs. 1.75
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if it exceeds Rs.
5,000 but does not exceed Rs. 7,504
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Rs. 7.50
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Rs. 3.75
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Rs. 2.00
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if it exceed Rs. 7,500
but does not exceed Rs. 10,000
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Rs. 10.00
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Rs. 5.00
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Rs. 3.50
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if it exceeds Rs.
10,000 but does not exceed Rs. 15,000
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Rs. 15.00
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Rs. 7.50
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Rs. 5.00
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if it exceeds Rs.
15,000 but does not exceed Rs. 20,000
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Rs. 20.00
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Rs. 10.00
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Rs. 6.75
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if it exceeds Rs. 20.000 but does not exceed Rs. 25,000.
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Rs. 25.00
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Rs. 12.50
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Rs. 8.50
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if it exceeds Rs
25,000 but does not exceed Rs. 30,000.
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Rs. 20.00
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Rs. 15.00
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Rs. 10.00
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Description of Instrument
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Proper Stamp-duty
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If drawn singly
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If draw in set of two,
for each port of the set.
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If drawn in set of
three, for each part of the set.
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and for every
additional Rs. 10,000 or part thereof in excess of Rs. Rs. 30,000
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Rs. 10.00 Rs. 5.00 Rs. 3.50.
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(b)
where payable more
than one year after date or sight.
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One half of the duty
pay-able on a Bond (No. 15) for the same amount.
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14.
BILL OF LADING including a through
bill of lading)
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One rupee.
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Note:— If a bill of lading
is drawn in parts, the proper stamps therefore must be borne by each one of
the sets.
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EXEMPTIONS
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(a)
Bill of lading when
the goods therein described are received at a place within the limits of any
part as defined under the ports Act, 1908, and are to be delivered at another
place within the limits of the same port.
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(b)
Bill of lading when executed
out of Pakistan and relating to property to be delivered in Pakistan.
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15.
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—
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Description of Instrument
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Proper Stamp-duty
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Where the amount or
value secured
does not exceed Rs. 10.
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Twenty-five paisa
|
|
Where it exceeds Rs.
10 but does not
exceed Rs. 50.
|
One rupee.
|
|
Where it exceeds Rs.
50 but does not
exceed Rs. 100.
|
Two rupees.
|
|
Where it exceeds Rs.
100 but does not
exceed Rs. 200.
|
Four rupees
|
|
Where it exceeds Rs.
200 but does not
exceed Rs. 300.
|
Six rupees.
|
|
Where it exceeds Rs.
300 but does not
exceed Rs. 400.
|
Eight rupees.
|
|
Where it exceeds Rs.
400 but does not
exceed Rs. 500.
|
Ten rupees.
|
|
Where it exceeds Rs.
500 but does not
exceed Rs. 600.
|
Twelve rupees.
|
|
Where it exceeds Rs.
600 but does not
exceed Rs. 700.
|
Fourteen rupees.
|
|
Where it exceeds Rs.
700 but does not
exceed Rs. 800.
|
Sixteen rupees.
|
|
Where it exceeds Rs.
800 but does not
exceed Rs. 900.
|
Eighteen rupees.
|
|
where it exceeds Rs.
900 but does not
exceed Rs. 1,000.
|
Twenty rupees.
|
|
and for every Rs. 500
or part thereof in
excess of Rs. 1,000.
|
Ten rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
See ADMINISTRATION
BOND (No.2), BOTTOMRY BOND
(No. 16) (CUSTOMS BOND No.
26).
|
|
|
INDEMNITY BOND
(No.34), RESPON- DENTIA BOND
(No. 56), SECUR- ITY BOND (No
57).
|
|
|
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.
|
|
|
16.
BOTTOMRY BOND,
that is to say, any instrument whereby the master of a seagoing
ship borrows money on the security of the ship to enable him to preserve the
ship or prosecute her voyage.
|
The same duty as on a
Bond (No.15) for the same amount.
|
|
17.
CANCELLATION,
instrument of (including any instrument by which any instrument
previously executed is cancelled), if attested and not otherwise provided
for.
|
Fifteen rupees.
|
|
See also RELEASE
(No.55), REVOCAT-ION OF SETTLEMENT (No.58-B), SURRENDER OF LEASE (No.61),
REVOCATION OF TRUST (N0.64-B).
|
|
|
18.
CERTIFICATE OF SALE (in respect of each
property put up as a 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.
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(a)
where the purchase
money does not exceed Rs. 10;
|
Fifty Paisa.
|
|
(b)
where the purchase
money exceeds Rs. 10 but does not exceeds Rs. 25.
|
One rupees.
|
|
(c)
in any other case
|
The same duty as on a
Conveyance (No.23) for a consideration equal to the amount of the purchase
money only Fifty paisa.
|
|
19.
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.
|
|
|
see also LETTER OF
ALLOTMENT OF SHARES (No. 36)
|
|
|
20.
CHARTER PARTY, that is to say, any
instrument (except an agreement for the hire of a tug-steamer) whereby a veessel
or some specified principal part thereof is let for the specified purposes of
the charter, whether it includes a penalty clause or not.
|
Five rupees.
|
|
21.
* * *
|
|
|
22.
COMPOSITION-DEED that is to say, any
instrument executed by a debtor whereby he conveys his property for the
benefit of his creditors, or hereby 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.
|
Fifty rupees.
|
|
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
“[23.
CONVEYANCE as defined by section
2 (10) not being a TRANSFER charged or exempted under No.62—
|
|
Where the amount or
value of the consideration for such conveyance as set forth
therein does not exceed Rs. 50.
|
Three Rupees.
|
|
Where it exceeds Rs.
50 but does exceed Rs. 100.
|
Six Rupees.
|
|
Where it exceeds Rs.
100 but does not
exceed Rs. 200.
|
Twelve Rupees.
|
|
Where it exceeds Rs.
200 but does not
exceed Rs. 300.
|
Eighteen Rupees.
|
|
Where it exceeds Rs.
300 but does not
exceed Rs. 400.
|
Twenty-four Rupees.
|
|
Where it exceeds Rs.
400 but does not
exceed Rs. 500.
|
Thirty Rupees.
|
|
Where it exceeds Rs.
500 but does not
exceed Rs. 600.
|
Thirty-six Rupees.
|
|
Where it exceeds Rs.
600 but does not
exceed Rs. 700.
|
Forty two Rupees.
|
|
Where it exceeds Rs.
700 but does not
exceed Rs. 800.
|
Forty eight Rupees.
|
|
Where it exceeds Rs.
800 but does not
exceed Rs. 900.
|
Forty four Rupees.
|
|
Where it exceeds Rs.
900 but does not
exceed
1,000.
|
Sixty Rupees.
|
|
And for every Rs. 500
or part thereof in excess of Rs. 1,000.
|
Thirty Rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
EXEMTPION
|
|
|
Assignment of copy
right by entry made under the Copy right Act, 1914, section 5.]
|
|
|
CO-PARTNERSHIP-DEED.
See PARTN-ERSHIP (No.46).
|
|
|
24.
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;
|
Two rupees.
|
|
(ii)
in any other case
|
Four rupees.
|
|
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, naming, dedications,
marriages (divorces), deaths or burials.
|
|
|
25.
COUNTERPART OR
DUPLICATE of any instrument
chargeable with duty and in respect of which the proper duty has been paid—
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(a)
if the duty with which
the original instrument is chargeable does not exceed four.
|
The same duty as is
leviable on the original.
|
|
(b)
in any other
case
|
Four rupees.
|
|
EXEMPTION
|
|
|
Counterpart of any lease granted to cultivator when such lease is exempted from duty.
|
|
|
26.
CUSTOMS-BOND—
|
|
|
(a)
where the amount does
not exceed Rs. 1,000 ;
|
The same duty as on a
Bond (No. 15) for such amount.
|
|
(b)
in any other
case
|
Thirty rupees.
|
|
27.
DEBENTURE (whether a mortgage
debenture or not, being a marketable security transferable-
|
|
|
(a)
by endorsement or by a
separate instrument of transfer;
|
The same duty as on a
Bond (No. 15) for the same amount.
|
|
(b)
by delivery—
|
|
|
Where the face value
of the debenture does not exceed Rs. 50.
|
One rupee and fifty
paisa.
|
|
Where it exceeds Rs.
50 but does not exceed Rs. 100.
|
Three rupees.
|
|
Where it exceeds
Rs.100 but does not exceed Rs. 200.
|
Six rupees.
|
|
Where it exceeds Rs.
200 but does not exceed Rs. 300.
|
Nine
rupees.
|
|
Where it exceeds Rs.
300 but does not exceed Rs. 400.
|
Twelve rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
Where it exceeds Rs. 400 but does not exceed Rs. 500.
|
Fifteen rupees.
|
|
Where it exceeds Rs. 500 but does not exceed Rs. 600.
|
Eighteen rupees
|
|
Where it exceeds Rs. 600 but does not exceed Rs. 700.
|
Twenty one rupees.
|
|
Where it exceeds Rs. 700 but does not exceed Rs. 800.
|
Twenty -four rupees.
|
|
Where it exceeds Rs. 800 but does not exceed Rs. 900.
|
Twenty-seven rupees.
|
|
Where it exceeds Rs. 900 but does not exceed Rs. 1,000.
|
Thirty rupees.
|
|
and for every Rs. 500 or part thereof in excess of Rs. 1,000.
|
fifteen rupees.
|
|
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 stam-ped in respect of
the full amount of debe-ntures 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 de-debentures so
issued are expressed to be issued in terms of the said mortgage-deed.
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
See also BOND (No. 15),
and SECTIONS
8 and 55,
|
|
|
[27-A. Participation Term Certificate
|
The same duty as is liable on a Debenture of the same value.]
|
|
DECLATATION OF ANY
TRUST.
|
|
|
(See TRUST (No.64).
|
|
|
28.
DELIVERY-ORDER IN RESPECT
OF GOODS, that is to say, any instruments
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 warehouse 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.
|
Twenty-five paisa.
|
|
DEPOSIT OF TITLE-DEED
See
|
|
|
AGREEMENT relating to DEPOSIT of OF TITLE-DEEDS, Pawan or PLEDGE
(No.5).
|
|
|
DISSOLUTION OF
PARTNERSHIP See PARTNERSHIP (No.46).
|
|
|
29.
DIVORCE-Instrument, of that is
to say any instrument by which any person effects the dissolution of his
marriage.
|
Fifteen rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
DOWER—Instrument of See STATEMENT (No.58).
|
|
|
DUPLICATE. See COUNTERPART (No.25)
|
|
|
30.
ENTRY AS AN ADVOCATE,
OR ATTORNEY ON THE ROLL OF ANY HIGH COURT under the Legal practitioner and Bar Councils Act, 1965—
|
|
|
(a)
in the case of an
Advocate
|
One thousand rupees.
|
|
(b)
in the case of an
Attorney
|
One thousand rupees.
|
|
EXEMPTION
|
|
|
Entry of an Advocate or Attorney on the roll of any High Court
when he has previously been enrolled in a High
Court.
|
|
|
31.
EXCHANGE OF PROPERTY Instrument of—
|
The same duty as is leviable on a Conveyance (No. 23) for a consideration
equal to the value of the property of greatest value as set forth in such
instrument.
|
|
EXTRACT. See COPY (No.24).
|
|
|
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);
|
The same duty as on a Conveyance (No.23) for a consideration
equal to the amount of further charge secured by such instrument.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(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 posse-ssion of the property is
given or agreed to be given under 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
mortgaged and further charge.
|
|
(ii)
if possession is not
so given
|
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 SETTLEMENT (No.58) OR WILL OR TRANSFER (No.62)
|
The same duty as is leviable on a Conveyance No.23) for a
consideration equal to the value of the property as set forth in such
instrument.
|
|
HIRING AGREEMENT OR AGREEMENT FOR SERVICE See AGREEMENT
(No. 5).
|
|
|
34.
INDEMNITY BOND
|
The same duty as on a Security Bond (No.57) for the same amount.
|
|
INSPECTORSHIP-DEED See COMPOSITION, DEED (No.22)
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
INSURANCE— See POLICY OF INSURANCE (No.47)
|
|
|
35.
LEASE, including an
underlease 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;
|
The same duty as on a
Bond (No. 15) for the whole amount payable or deliver-able under such lease.
|
|
(ii)
Where the lease
purports to be for a term of not less than one year but not more than three
years;
|
The same duty as on a
Bond (No. 15) for the amount or value of the average annual rent reserved.
|
|
(iii)
where the lease
purports to be for a term in excess of three years, but not more than twenty
years.
|
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 reser-ved.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(iv)
Where the lease
purports to be for a term in excess of twenty years or in perpetuity;
|
The same duty as is
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.
|
|
(v)
where the lease does
not purport to be for any definite term;
|
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 which would be paid or delivered for the
first ten years, if the lease continued so long.
|
|
(b)
(i) where the lease is
granted for money advanced and where no rent is reserved;
|
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.
|
|
(ii) where the lease is granted for a fine or premium and where no
rent is reserved;
|
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.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(e) (i) Where the lease is granted for money advanced in addition to
rent reserved ;
|
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 advalorem
stamp required for a lease and a lease in pursuance of such agreement is
subsequ-ently executed, the duty on such lease shall not exceed four rupees.
|
|
(ii) where the lease is granted for a fine or premium in addition to
rent reserved.
|
The same duty as
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 a lease
pursuance of such agreement is subsequently executed the duty on such lease
shall not exceed four rupees.
|
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
EXEMPTION
|
|
|
Lease, 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 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.
|
|
|
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.
|
Fifty paisa.
|
|
See also CERTIFICATE OR OTHER DOCUMENT (No. 19)
|
|
|
37.
LETTER OF CREDIT, that is to say, any
instrument by which one person authorizes another to give credit to the
person in whose favour it is drawn.
|
Fifty paisa.
|
|
LETTER OF GUARANTEE,
See AGREEMENT (No.5).
|
|
|
38.
LETTER OF LICENCE, that is to say, any
agreement between a debotor and his creditors, that the letter shall, for a
specified time, suspend their claims and allow the debtor to carry on
business at his own discretion.
|
Twenty -five rupees.
|
|
39.
MEMORANDUM OF
ASSOCIATION OR A COMPANY—
|
|
|
(a)
if accompanied by
articles of associ-ation under section 35 of the Companies Act, 1913.
|
Seventy-five rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(b)
if not so
accompanied
|
Two hundred rupees.
|
|
EXEMPTIONS
|
|
|
Memorandum of any
association not formed for profit and registered under section 26 of the
Companies Act,1913.
|
|
|
40.
MORTGAGE-DEED not being an AGREEEMENT RELATING TO DEPOSIT OF
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 is given by the mortgagor or agreed to
be given;
|
The same duty as on a
conveyance (No. 23) for a consideration equal to the amount secured by such
deed.
|
|
[(b) Where the amount secured does not
exceed
Rs. 100.
|
The same duty as on
Bond (No. 15) for the amount secured by such deed.
|
|
Where the amount
exceeds Rs.100 but does not exceed Rs. 200.
|
Six rupees.
|
|
Where the amount exceeds
Rs. 200 but does not exceed Rs. 300.
|
Nine rupees.
|
|
Where the amount
exceeds Rs. 300 but does not
exceed Rs. 400.
|
Twelve rupees.
|
|
Where the amount
exceeds Rs. 500 but does not
exceed Rs. 600.
|
Fifteen rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
Where the amount
exceeds Rs.700 but does not exceed
Rs. 800.
|
Twenty-four rupees.
|
|
Where the amount
exceeds Rs. 800 but does not exceed
Rs. 900.
|
Twenty-seven rupees.
|
|
Where the amount
exceeds Rs. 900 but does not exceed
Rs. 1000.
|
Thirty rupees.
|
|
And for every Rs. 500
or part thereof in excess of Rs.
1000.
|
Fifty rupees.]
|
|
[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.]
|
|
EXEMPTION
|
|
|
(1)
Instruments, executed by persons taking advances under the Land
Improvement Loans Act, 1883, or the West Pakistan Agriculturists Loans Act,
1958 or by their sureties as security for the repayment of such advances,
|
|
|
(2)
Letter of hypothecation accompanying Bill of Exchange.
|
|
|
41.
MORTGAGE OF A CROP, including any
instrument evidencing an agreement to secure the repayment 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
re-payable not more than three months from the date of the instrument— for
every sum secured not exceeding Rs.200;
|
Twenty-five Paisa.
|
|
and every Rs. 200 or part thereof secured in excess of Rs. 200;
|
Twenty-five Paisa.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(b)
when the loan is
re-payable more than three months, but not more than eighteen months, from
the date of the instrument for every sum secured not exceeding Rs. 100.
|
Fifty paisa.
|
|
and for every Rs. 100
or part thereof secured in excess of Rs. 100.
|
Fifty paisa.
|
|
42.
NOTARIAL ACT, that is to say, any
instrument, endorsement, note, attestat-ion, 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 or by any other person lawfully acting as a
Notary Public.
|
Four rupees.
|
|
See also PROTEST OF BILL OR NOTE (No.50)
|
|
|
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;
|
Fifty paisa.
|
|
(b)
of any stock or
marketable security exceeding in value twenty rupees, not being a Government
Security;
|
Twenty-five paisa for
every Rs. 5,000 or a part thereof the value of the stock or security.
|
|
(c)
of a Government
security
|
Twenty-five paisa for
every 10,000 rupees or part thereof the value of the security subject to a
maximum of forty rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
44.
NOTE OF PROTEST BY THE
MASTER OF SHIP.
|
Four rupees.
|
|
See also PROTEST BY
MASTER OF A SHIP (No.51).
|
|
|
ORDER FOR THE PAYMENT
OF MONEY.
|
|
|
See BILL OF EXCHANGE (No.
13)
|
|
|
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 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
four rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
|
(b)
where land is held on
Revenue Settlement for a period not exceeding thirty years and paying the
full assessment, the value for 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
four rupees.
|
|
46.—PARTNERSHIP—
|
|
|
A-INSTRUMENT OF—
|
|
|
(a)
where the capital of
the partnership does not exceed Rs. 500
|
Ten rupees.
|
|
(b)
in any other case
|
Fifty rupees
|
|
B—DISSOLUTION OF—
|
Twenty-five rupees.
|
|
PAWN OR PLEDGE— See AGREEMENT RELATING
TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE
(No. (18).
|
|
|
47. POLICY OF
INSURANCE—
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
A—See INSURANCE (see section 7)
|
|
|
|
|
If drawn singly.
|
If drawn in duplicate for each part.
|
|
(2)
For each voyage —
|
|
|
|
(i)
where the premium or
consideration does not exceed the rate of 1/8 per cent of
the amount inusred by the policy; for every full sum of Rs. 5,000 and also
any fractional parts thereof insured by the policy.
|
Ten paisa
|
Five paisa.
|
|
(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.
|
Ten paisa
|
Five paisa.
|
|
(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;
|
Thirty paisa
|
Fifteen paisa.
|
|
(ii)
where the insurance
shall be made for any time exceeding six month and not exceeding twelve
months.
|
Sixty paisa
|
Thirty paisa
|
|
B—FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSE-WHERE
INCLUDED IN THIS ARTICLE, COVERING GOODS, MER-CHANDISE PERSONAL, EFFECTS,
CROPS, AND OTHER PROPERTY AGAINST LOSS OR DAMAGE—
|
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(1)
in respect of an original policy—
|
|
|
(i)
when the sum insured does
not exceed Rs. 5,000 ;
|
Fifty paisa.
|
|
(ii)
in any other case
and ..
|
One rupee.
|
|
(2)
in respect of each receipt for any payment of a premium on any
renewal of an original policy.
|
One-half of the duty
payable in respect of the original policy in addition to the amount, if any,
chargeable under No.53.
|
|
C—ACCIDENT AND SICKNESS- INSURANCE—
|
|
|
(a)
Against railway
accident, valid for a single journey only.
|
Five paisa.
|
|
EXEMPTION
|
|
|
When issued to a passenger travelling 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 exceed Rs. 2,000 and also
where such amount exceeds Rs. 2,000, for every Rs. 2,000 or part
thereof.
|
Twenty-five paisa,
Provided that, in case of a policy of insurance against death by accident
when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000 the
duty on such instrument shall be five paisa for every Rs. 1,000 or part
thereof the maximum amount which may become payable under it.
|
|
D—INSURANCE BY WAY OF INDEMNITY—
|
|
|
Against liability to
pay damages on account of accidents to workmen employed by or under or
against liability to pay compensation under the Worksmen’s Compensation Act,
1923, for every Rs. 100 or part thereof payable as premium.
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
E—LIFE INSURANCE OR
OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such RE-INSURANCE as is described in
Division of this article
|
If drawn singly
|
If drawn in duplicate
for each part
|
|
(i)
for every sum insured
not exceeding Rs. 250;
|
Ten paisa.
|
Five paisa
|
|
(ii)
for every sum insured
exceeding Rs. 250 but not exceeding Rs. 500 ;
|
Twenty paisa.
|
Ten paisa.
|
|
(iii)
for every sum insured
exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 100 or
part thereof in exceess of Rs. 1,000.
|
Forty paisa.
|
Twenty paisa.
|
|
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 Central
Government
|
|
|
|
F—RE-INSURANCE BY AN
INSURANCE COMPANY WHICH HAS GRANTED A POLICY OF THE NATURE SPECI-FIED IN
DIVISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMAPNY BY WAY OF
INDEMNITY
|
One half of the duty payable
in respect of the original insurance but not less than five paisa or more
than one rupee.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
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 bears 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.
|
|
|
48. POWER OF ATTORNEY as defined by section
2(1), 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 document;
|
[Three rupees.]
|
|
(b)
when authorising one
person or more to act in a single transaction other than the case mentioned
in clause (a);
|
[Seven rupees.]
|
|
(c)
when authorising not
more than five persons to act jointly and severally in more than one
transaction or generally;
|
[thirty six rupees]
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(d)
when authorising more
than five but not more than ten persons to act jointly and severally in more
than one transaction or generally;
|
[Sixty rupees.]
|
|
(e)
when given for
consideration and authorising the attorney to sell any immovable property;
|
The same duty as is
leviable on a Conveyance (No.23). for the amount of the consider-ation.
|
|
(f)
in any other case
|
[Six] rupees for each
person authorised.
|
|
Explanation 1.— For the purposes 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.
|
|
|
49. PROMISSORY NOTE as defined by section 2 —
|
|
|
(a)
when payable on
demand—
|
|
|
(i)
when the amount or
value does not exceed Rs. 250;
|
Fifty paisa.
|
|
(ii)
when the amount or
value exceeds Rs. 250 but does not exceed Rs. 1,000;
|
One rupee.
|
|
(iii)
when the amount or
value exceeds Rs. 1,000 but does not exceed Rs. 5,000;
|
Five rupees,
|
|
(iv)
in any other case
|
Ten rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(b)
when payable otherwise
than on demand.
|
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 dishonour of a Bill of Exchange for promissory
note.
|
Four 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 loss or the calculation of averages, and every declaration
in writing made by him against the charters or the consignees or not loading
or unloading the ship, such declaration is attested or certified by a Notary
Public or other person lawfully acting as such.
|
Four rupees.
|
|
See also NOTE OF PROTEST BY THE MASTER OF A SHIP
(No.44).
|
|
|
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
incorpora-ted 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.
|
Twenty -five paisa.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
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 the amount or
value does not exceed one hundred rupees;
|
Fifteen paisa.
|
|
(b)
where the amount or
value exceeds one hundred rupees but does not exceed Rs 2000
|
Forty paisa.
|
|
(c)
where such amount
exceeds Rs. 2,000
|
Eighty paisa.
|
|
EXEMPTIONS
|
|
|
Receipts.
|
|
|
(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;
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(d)
for pay or allowances
by noncommissioned or petty officers, soldiers, sailors or airmen of the
armed forces of Pakistan, Pakistan's 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 airman, 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, soldier, 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 hands of, any other than the
person to whom the same is to be accounted for;
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
Provided also that his 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)]
|
|
|
54.
RE-CONVEYANCE OF MORT-GAGE
PROPERTY—
|
|
|
(a)
if the consideration
for which the property was mortgaged does not exceed Rs. 1,000:
|
The same duty as on a
Bond (No. 15) for the amount of such consideration as set forth
|
|
(b)
in any other case
|
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—
|
|
|
(a)
if the amount or value
of the claim does not exceed Rs. 1,000;
|
The same duty as on a Bond (No. 15) for such amount or value as
set forth in the release
|
|
(b)
in any other case
|
thirty rupees.
|
|
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 port of destination.
|
The same duty as on a Bond (No. l) for the amount of loan
secured.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
REVOCATION OF ARMY TRUST OR SETTLEMENT.
|
|
|
See SETTLEMENT (No.58), TRUST (No.64).
|
|
|
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 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;
|
The same duty as on a
Bond (No.15) for the amount secured.
|
|
(b)
in any other case
|
Thirty rupees.
|
|
EXEMPTIONS
|
|
|
Bond or other instrument,
when executed—
|
|
|
(a)
by any person for the
purpose of guaranteeing that the local income derived from private
subscriptions to a charitable dispensary or hospital 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;
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(c)
executed by person
taking advances under the Land Improvement Loans Act, 1883, or the West
Pakistan Agriculturists Loans Act, 1958, or by their sureties, as security
for repayment of such advances;
|
|
|
(a)
executed by servants
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.
|
|
|
58.
SETTLEMENT—
|
|
|
A—Instrument of
(including a deed of dower)—
|
|
|
(i) where the settlement is
made for a religious or charitable purpose;
|
The same duty as on a
Bond (No. 15) for a sum equal to the amount or value of the property
settled.
|
|
(ii) in any other case
|
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
four rupees.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
|
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
the purposes of duty, be determined as if no such provisions were contained
in the instrument.
|
|
EXEMPTIONS
|
|
|
Deed of dower executed
on the occasion of marriage
between Muslims.
|
|
|
B—Revocation of
|
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 fifty rupees.
|
|
See also TRUST (No.64).
|
|
|
59.
SHARE WARRANTS to bearer issued
under the Companies Act, 1913,
|
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,
|
|
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 to the Collector of Stamp.
|
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(a)
one and a half per
centum of the whole subscribed capital of the company;
|
|
|
(b)
if any company which
has paid the said duty or composition in full subsequently issue an addition
to its subscribed capital one and a half percentum of the additional capital
so issued.
|
|
|
SCRIP—See CERTIFICATE
(No. 19)
|
|
|
60.
SHIPPING ORDER for or relating to
the conveyance of goods on board of any vessel.
|
twenty-five paisa
|
|
61.
SURRENDER OF LEASE—
|
|
|
(a)
when the duty with
which the lease is chargeable does not exceed thirty rupees;
|
The duty with which
lease is chargeable.
|
|
(b)
in any other case
|
Thirty rupees.
|
|
EXEMPTION
|
|
|
Surrender of lease,
when such lease exempted from duty.
62.
TRANSFER (whether with or
without consideration)—
|
|
|
(a)
of shares in an
incorporated company or other body corporate;
|
One-fourth of the duty
payable on a Conveynce (No.23) for a consideration equal to the
value of the share.
|
|
(b)
of debentures being
marketable securities whether the debenture is liable to duty or not
except debentures provided for by section 8;
|
One-half of the duty
payable on a Conveyance (No.23) for a consideration equal to the amount of
the debentures.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
(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;
|
The duty with which
such bond, mortgage-deed or insurance is chargeable.
|
|
(ii) in any other case
|
Thirty rupees.
|
|
(d)
of any property under
the Administrator-General Act, 1913, section 31;
|
Thirty rupees.
|
|
(e)
of any trust-property
without consideration from one trustee to another trustee or from
a trustee to a beneficiary.
|
Twenty rupees or such
smaller amount as may be chargeable under clauses (a) to (c) of this Article.
|
|
EXEMPTIONS
|
|
|
Transfers by
endorsement—
|
|
|
(a)
of a bill of exchange,
cheque 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—
|
|
|
63.
TRANSFER
OF LEASE by
way of assignment and not by way of under-lease.
|
The same duty as is
leviable on Conveyance (No. 23) for a consideration equal to the amount of
the consideration for the transfer.
|
|
Description of Instrument
|
Proper Stamp-duty
|
|
EXEMPTION
|
|
|
Transfer of any lease exempt from
duty.
|
|
|
64.
TRUST—
|
|
|
A.
Declaration of—of, or
concerning any property when made by any writing not being a WILL.
|
The same duty as on a
Bond No, 15) for sum equal to the amount or value of the property concerned
as set forth in the instrument but not exceeding
thirty rupees.
|
|
B.
Revocation of—of, or
concerning any poperty when made by any instrument other than a Will.
See also SETTLEMENT (No.58).
|
The same duty as on a
Bond (No. 15) for a sum equal to the amount of value of the property
concerned as set forth in the instrument but not exceeding thirty rupees.
|
|
VALUATION See APPRAISEMENT
(No. 8).
|
|
|
65.
WARRANT FOR GOODS, that is to say, any
instrument evidencing the title of any person therein named, or his assigns,
or the holder thereof, to the property in any goods lying in or upon
any dock, warehouse or wharf, such instrument being signed or certified
by or on behalf of the person in whose custody such goods may be.
|
Two rupees.
|
|
