The North-west Frontier Proivnce Finance Ordinance, 1980


THE NORTH-WEST FRONTIER PROIVNCE FINANCE ORDINANCE, 1980.
N.-W. F. P. ORDINANCE No. IX OF 1980.
30th June, 1980.
AN
ORDINANCE
to continue and levy certain taxes, cesses and surcharges in the North- West frontier Province.


Preamble

            WHEREAS it is expedient to continue and levy certain taxes, cesses and surcharges in the North-West Frontier Province in the manner hereinafter appearing;

AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C. M. L. A. Order No. 1 of 1977), and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance.


Short title extent and commencement

1.         (1) This Ordinance may be called the North-West Frontier Province Finance Ordinance, 1980.

(2)  it shall extend to the whole of the North-West Frontier Province;
(3)  It shall come into force on and from the first day of July, 1980.


Definition

2.         In this Ordinance, unless the context otherwise requires, "Government" means the Government of the North-West Frontier Province.

Amendment of section I to Act II 1899

3.         With effect from first July, 1980, in the Stamp Act, 1899 (II of 1899). in Schedule I, below the existing table against clause (b) of Article 40, under the heading "Proper Stamp duty", the following Note shall be added, namely.

"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".


Amendment of W.P Act V of 1958.

4.         With effect from first July, 1980, in the West Pakistan Urban Immovable Property Tax Act, 1958 (W. P. Act V of 1958), in section 4, in clause (c), in sub-clause (ii), for the words "two thousand and four hundred rupees", the words "four thousand and eight hundred rupees" shall be substituted.


5.         With effect from first July, 1980—
(a)     in the West Pakistan Motor Vehicles Taxation Act, 1958 (W. P Act XXXII of 1958), in section 5-A, for the words "ten percent", the words "fifteen per cent" shall be substituted; and
(b)     the existing Schedule to the said Act shall be substituted by the First Schedule to this Ordinance.

Amendment of W.P Act XXXII of 1958.

6.         Notwithstanding anything to the contrary contained in the West Pakistan Motor Vehicles Rules, 1969, the fees payable under the rules mentioned in column 2 of the Second Schedule to this Ordinance shall, with effect from first July, 1980, be paid at the rate specified in column 3 there of.

Enhancement of fees relating to motor vehicles

7.         With effect from first July, 1980 in the North-West Frontier Province Finance Act, 1977 (N.-W. F. P. Act X of 1977), section 4 shall be omitted.

Omission of section 4 of N.W.F.P Act X of 1977.

8.         With effect from first July, 1980, in the North-West Frontier Province Finance Ordinance, 1978 (N.-W. F. P. Ord. XII of 1978), in section 3, in sub-section (1) for the words "twenty paisa", the words "twenty-five paisa" shall be substituted.

Amendment of section 3 of N.W.F.P Ord: XII 1978.

9.         Where any tax, fee, cess or surcharge imposed by this Ordinance by way of an addition to, or a surcharge on any existing tax imposed by or under any enactment force, 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, fee, cess or surcharge.

Application of existing laws.

10.       No suit shall lie in any Civil Court to set aside or modify any assessment, levy or collection of a tax, fee, duty, cess or surcharge made under this Ordinance and the rules made thereunder.

Bar of suit in Civil Court

11        . (1) Government may make rules for carrying into effect the purposes of this Ordinance and such rules may other matters, prescribe the procedure for the assessment, collection and payment of any tax, fee, surcharge or cess levied, or imposition of any penalty under this Ordinance in so far as such procedure is not provided in this Ordinance,

Power to make rules.

(2) Any rules made or deemed to have been under the corresponding provisions of the North-West Frontier Province Finance Ordinance, 1979 (N.-W. F. P., Ord. II of 1979), shall so far as may be, be continued and be deemed to have been made under this Ordinance.

FINANCE ORDINANCE N.-W. F. P. ORD. No. IX OF 1980.


FIRST SCHEDULE.
(See Section 57)

Serial No.

Description of motor vehicles

Amount of rate of tax

1

2

3

1.

Cycles (including motor scooters and cycles with attachment for propelling the same by mechanical process) not exceeding 410 K.G. in unladen weight:—

Rs.

 

(a)  Bicycle not exceeding 90 K. G. in unladen weight ..

52

 

(b)  Bicycles exceeding 90 K. G. in unladen weight      ..

68

 

(c)  Bicycles if used for drawing a trailer or side car, in addition ..

16

 

(d)  Tricycles         ..

64

2.

Vehicles not exceeding 260 K.G in unladen weight, adapted and used for invalids

5

3.

Vehicles used for the transport or haulage of goods or materials (including tricycles weighing more than 410 K. G. in unladen weight:—

 

 

(a)  Electricity propelled vehicles not exceeding 1250 K. G. in unladen weight.

56

 

(b)  Vehicles other than such electrically propelled vehicles as afore said not exceeding 615 K. G. unladen weight.

25

 

(c)  All vehicles with maximum laden capacity upto 2030 K.G. (including delivery vans).

376

 

(d)  All vehicles with maximum laden capacity exceeding 2030 K.G. but not exceeding 4060 K. G.

628

 

(e)  All vehicles with maximum laden capacity exceeding 4060 K. G. but not exceeding 6090 K. G.

1200

 

(f)   All vehicles with maximum laden capacity exceeding 6090 K.G. 1876 but not exceeding K.G

8120

 

(g)  All vehicles with maximum laden capacity exceeding 8120 K.G.

2828

 

(h)  Extra charges for trailer not exceeding 2030 K. G. in laden capacity.

252

4.

Vehicles plying for hire and ordinarily used for the transport of passengers (taxis and buses), exclusively within the limits of a Corporation, a Municipality or a Cantonment—

 

 

  1. Tram cars      ..

28

 

  1. Tricycles propelled by mechanical power (rickshaw cabs seating not more than 3 persons).

392

 

  1. Other vehicles seating not more than 4 persons.    ..

520

 

  1. Other vehicles seating more than 4 persons but not more than 6 persons.

652

 

FINANCE ORDINANCE N.-W. F. P. ORD. No. IX OF 1980.


1

2

3

 

 

Rs.

 

(e)  Other vehicles seating more than 6 persons but not more than 20  persons.

132 per seat,

 

(f)   Other vehicles seating more than 20 persons.        

88 per seat.

5.

Vehicles plying for hire and ordinarily used for the transport of passengers (taxis and buses) not exclusively within the limits of a Corporation, a Municipality or a Cantonment-

 

 

(a)  Tram cars      

28

 

(b)  Tricycles propelled by mechanical power (rickshaw cabs seating not more than 3 persons.

392

 

(c)  Other vehicles seating not more than 4 persons    

520

 

(d)  Other vehicles seating more than 4 persons but not more than 6 persons.

652

 

(e)  Other Vehicles seating more than 6 persons.

168 per seat

 

Note:—The number or persons mentioned in Articles 4 and 5 does not include the driver and as the case may be, the cleaner, the conductor or the attendant of the vehicle.

 

6.

Motor vehicles other than those liable to tax under !he foregoing provisions of this Schedule. -

 

 

(a)  Seating not more than one person           

132

 

(b)  Seating not more than 3 persons               ..             

268

 

(c)  Seating not more than 4 persons               ..             

384

 

(d)  Seating more than 4 persons for every additional person that can be seated.

96 per seat

 

 

 

 

Note:— Station wagons used for private purposes shall be taxed under Article 6.

 

 

FINANCE ORDINANCE N.-W. F. P., ORD. No. IX OF 1980.


SECOND SCHEDULE.
(See Section)

Serial No.

Description of fees and the relevant rule of the West Pakistan Motor Vehicles Rules, 1969

Amount of rate of tax

 

 

Rs.

1.

Fee for the test or competence to drive, under sub-rule (3) of rule 8.

125

2.

Fee for a duplicate licence, under sub-rule (6) of rule 13, sub-rule (4) of rule 14 and sub-rule (4) of rule 15.

150

3.

Fee for learner's driving licence, under sub-rule (2) of rule 19

125

4.

Fee for the issue of driving licence, under clause (i) of rule 26—

 

 

(a)  for heavy transport vehicles,

300

 

(b)  for other vehicles.

200

5.

Fee for renewal of driving licence, under clause (ii) of rule 26—

 

 

(a)  where the application for renewal is made within thirty days from the date of the expiry of the licence-

 

 

       (i)    in respect of heavy transport vehicles;

200

 

       (ii)   in respect of other vehicles; and

100

 

(b)  where the application for renewal is made after thirty days of the date of expiry of the licence—

 

 

       (i)    in respect of heavy transport vehicles:

300

 

       (ii)   in respect of other Vehicles

200

6.

Fee under sub-rule (9) of rule 35—

 

 

(a)  for grant of a certificate of fitness—

 

 

       (i)    in respect of heavy transport vehicles

100

 

       (ii)   in respect of other vehicles

50

 

(b)  for renewal of certificate of fitness—

 

 

       (i)    where the vehicles in respect of which the certificate is required, is produced for inspection within fifteen days of expiry of the certificate—

 

 

               (1)   for heavy transport vehicles

50

 

               (2)   for other vehicles; and

25

 

       (ii)   where the vehicles is not produced for inspection within the aforesaid period of fifteen days—

 

 

               (1)   for heavy transport vehicles

100 plus a penalty at the rate of Rs. 10 per month or part of a month.

 

               (2)   for other vehicles

50 plus a penalty at the rate of Rs. 5 per month or part of a month.

  1. Substituted by N. W. F. P. Ord: No. VII of 1983, 3. 6.
  2. Substituted by N.W.F.P. Ord: No. VII of 1983 S. 8.

3.   From serial No.1 to 5 valves subs: by N .W.F.P Finance Act VI of 1992

 

FINANCE ORDINANCE N.-W. F. P., ORD. No. IX OF 1980.


1

2

3

 

 

Rs.

7.

Fee for a duplicate certificate or registration and certificate of fitness in respect of Motor Vehicles under rules 37, 38 and 39.
An amount equal to half of the registration fee under rule 42.

 

10.

Registration fee under rules 42 and 48;

 

 

(a)  In respect of Motor Cycles or a Trailer not having more than two wheels and not weighing more then one ton unlade:

100

 

(b)  In respect of an invalid carriage

10

 

(c)  In respect of heavy transport vehicles

2000

 

(e)  In respect of tractor

450

 

(f)   In respect of temporary registration of any vehicle.

200

 

Provided that, notwithstanding the registration fee prescribed for various motor vehicles, fee for motor vehicles on first registration shall be charged ad valorem:-

 

 

(i)   at the rate of one percent of the duty paid value of the imported vehicles and ex-factory price of locally assembled vehicles in the case of vehicles covered by clauses (a), (c) and (e); and

 

 

(ii)  at the rate of one percent of the duty paid value of imported vehicles and ex-factory price of locally assembled vehicles in the case of vehicles covered by clause (d)

 

 

(ii)  for clause (d) the following shall be substituted, namely.

 

 

       (i)    below 1000 C.C. engine capacity

550

 

       (ii)   from 1000 C.C. engine capacity upto 1250 CC engine capacity

650

 

       (iii)  from 1250 C.C. engine capacity upto 1500 C.C.

850

 

       (iv)  exceeding 1500 C.C. engine capacity

1200

11.

Fee for transfer of ownership of a motor vehicle under rule 47

Same as in serial No. 10 for registration

12.

Application fee for a permit in respect of a transport vehicle under rule 64

200

13.

Fee for the issue and renewal of permit in respect of transport vehicles under rule 71

 

 

(a)  Stage and contract carriage with R.L. W exceeding 14, 500 Lbs.

 

 

       (i)    A category routes

300

 

       (ii)   B category routes

200

 

       (iii)  C and C1 category routes

130

 

(b)  Stage and contract carrieage with R.L.W. upto 14,500 Lbs

 

 

       (i)    For the 1st year

70

 

       (ii)   for each subsequent year

60

 

(c)  Public and private carriage

 

 

       (i)    1st region

150

 

       (ii)   2nd region

120

 

       (iii)  3rd region

100 for 3 years

 

       (iv)  for each subsequent region

80

1    . Substitute by N.-W. F. P. Ordinance No. V of 1982.
2.   Amended by N.W.F.P Finance Act IV of 1990.
3.   Subs: Amended by N.W.F.P Finance Act I of 1995.
4    .Proviso subs: Amended by N.W.F.P Finance Act I of 1996.

FINANCE ORDINANCE N.-W. F. P., ORD. No. IX OF 1980.


1

2

3

 

 

Rs.

14.

Application fee for renewal of permit after the prescribed date under rule 85.

100 for each month or part of a month.

15.

Fee for the replacement of a vehicle, in a permit under rule 88

100 per case.

16.

Fee for transfer of a permit under rule 92—

 

 

(a)  application fee;

200 per case.

 

(b)  transfer fee    ..             

50 per case.

17.

Fee for issue of a duplicate permit—

 

 

(a)  Part A;  

50

 

(b)  Part B;  

30

 

 

 

 

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