The North-West Frontier Province Finance Act, 2007


NOTIFICATION
Dated Peshawar, 7th July, 2007.


No. PA/NWFP/Legis-I/2007/13723.-The North-West Frontier Province Finance Bill, 2007 having been passed by the Provincial Assembly of the North-West Frontier Province on the 26th June, 2007 and assented to by the Governor of the North-West Frontier Province on 30th June, 2007 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province.


THE NORTH-WEST FRONTIER PROVINCE FINANCE ACT, 2007.
(N.-W.F.P. ACT NO. II OF 2007)

[First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of the N.-W.F.P. (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 North-West Frontier Province Finance Act, 2007.
(2)        It extends to whole of the North-West Frontier Province.
(3)        It shall come into force on the first day of July, 2007.

  1. 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.
  2. 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)

Industrial/Commercial undertaking having generating capacity above500 Kilo Volt Ampere for self use.

3(three) paisa per unit(Kilo Watt Hour) of energy generated/ consumed,”; and

(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 N.-W.F.P. Ord. III of 2000.- In the North-West Frontier Province Sales Tax Ordinance, 2000 (N.-W.F.P. Ord. Ill 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

Description of Instrument

Proper Stamp

1

2

3

1.

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.

Ten rupees.

2.

ADMINISTRATTON BOND, including a bond given under section 2.91, 375 and 376 of the Succession Act, 1925, section 6 of the Government Saving Banks Act, 1873-

  1. Where the amount does not exceed Rs.1000/-

(b)   In any other case.

 

 

The same duty as on a Bond (No. 15) on such amount.
One hundred and fifty rupees

3.

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).

One hundred and fifty rupees

4.

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.

Thirty rupees.

5.

AGREEMENT OR MEMBERADUM AN AGREEMENT-

  1. If relating to the sale of a bill of exchange,
  1. If relating to the sale of Government security.

 

 

  1. 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).

 

Three rupees.

Two rupees for every 30,000 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.

6.

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 more than
       three 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.

 

 

 

 

 

 

 

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.

 

6(A)

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.

 

 

Rupees 100/-per Marla. Rupees 200/- per Marla.

6(B)

Transfer of Allotment Orders before lease.

 

7.

APPOINTMENT IN EXECUTION OF A POWERWhere made by any writing not being a will-

  1. of trustees.
  2. of property, movable or immovable

 

Seventy rupees.
One hundred and fifty rupees.

8.

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

  1. 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.
  2. Appraisement of crop for the purpose of ascertaining the amount to be given to a landlord as rent.

 

At the rate of four percent.

Rupees one hundred and fifty

8-A

Application made on plain paper.

  1. 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.

 

One hundred & fifty rupees

One hundred & fifty rupees

One thousand & Five hundred rupees

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. 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.

Rupees one hundred and fifty.

10.

ARTICLS OF ASSOCIATION OF A COMPANY

Deleted through Finance Act, 2004.

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.
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).

One thousand rupees.

11(B)

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 authenticatedunless the duty is paid.

Five thousand rupees per declaration

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 other-wise than by an order of the Court in the course of a suit.

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.

12(A)

BANK GUARANTEE" that is to say the guarantee to be issued by any schedule Bank.

One rupee for every one hundred rupees or part thereof of the value of the Guarantee.

12(B)

BILL OF ENTRY including goods declaration or any
documents relating to good declaration for the purpose of custom clearance.

Two hundred and twenty five rupees.

13.

BILL OF EXCHANGE as defined by section 2(2) not being BOND, bank note or currency note-
(a)     where payable otherwise than on demand          by not more than one year after date or sight-
(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 of               the set
(b)     Where payable more than one year after         date or sight.

 

 

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.

14

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

  1. 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.
  2. Bill of lading when executed out of Pakistan and relating to property to be delivered in Pakistan.

Ten rupees for every one lac rupees or part thereof the value of the bill subject to minimum of one hundred rupees.

15.

BOND as defined by section 2(5) not being aDEBENTURE (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.

 

 

  1. On first transaction at 0.33% of the amount or value secured.
  2. On each subsequent transaction at 0.15% of the amount or value secured.

I

Fifteen Rupees.

 

Fifteen Rupees.

See ADMINISTRATION BOND (No. 2) BOTTOMRY BOND (No. 16) CUSTOMS BOND (No.26).

INDEMNITY BOND (No. 34) RESPONDENTIA BOND (No.56) SECURIY 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.

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.

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.
See also RELEASE (No.55), REVOCATION OF SETTLEMENT (No.58-B), SURRENDER OF LEASE (No.61) REVOCATION OF TRUST (No.64-B).

Seventy five rupees.

18.

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

Two percent of the consideration equal to the amount of the purchase money.

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.
Sec also LETTER OF ALLOTMENT OF SHARES(No.36)

Thirty rupees.

20.

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.

One hundred rupees for every one lac rupees or part thereof of the value of the charter party.

21.

CHEQUE PAY ORDER OR BANK DRAFT.

Deleted.

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 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.

Two hundred and fifty rupees.

22(A)

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.

 

 

 

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.

23.

CONVEYANCE as defined by section 2 (10) not being a TRANSFER charged or exempted under No.62,

  1. in case of agriculture.

 

  1. in case of immoveable property in an urban area
  1. 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-II           Any 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)

 

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.

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.
(ii)         In any other case.
EXEMPTIONS

  1. 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;
  2. Copy of, or extract from, any register relating to births, baptisms, dedications,      marriages (divorces), deaths or burials.

 

 

Three rupees.

 

Fifteen rupees.

25.

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.

 

The same duty as is leviable on the original.

Twenty rupees.

26.

CUSTOMS-BOND-
(a)        where the amount does not                                     exceed Rs. 1,000
(b)        in any other case.

The same duty as on a Bond (No. 15) for such amount.
One hundred and twenty five rupees.

27.

DEBENTURE OR PARTICIPATION CERTIFICATE OR TERM FINANCE CERTIFICATE OR ANY OTHER INSTRUMENT OF REDEEMABLECAPITAL 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.

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.

28.

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 AGREEMENTrelating to DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No.6)]. DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No.46).

Ten rupees.

29.

DIVORCE.— Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
DOWER. Instrument of See SETTLEMENT (No.58).
DUPLICATE- See COUNTERPART (No.25)

Fifty rupees.

30.

ENTRY AS AN ADVOCATE, OR ATTORTY ON THE ROLL OF ANY HIGH COURT—under the Legal Practitioners and Bar Councils Act, 1965-

  1. in the case of an Advocate
  1. 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.

 

One thousand and five hundred rupees.

One thousand and five hundred rupees.

31.

EXCHANGE OF PROPERTY --- instrument of---

  1. when executed in respect of agricultural land.

 

  1. when executed in respect of     immoveable property in an Urban     Area as defined in No.23.

 

(c)         In any other case.

 

EXTRACT See Copy (No.24).

 

Two rupees 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.

31-A.

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.

 

 

 

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.

32.

FUTURE CHARGES--- Instrument of, that is to say, any instrument imposing a further charge on mortgaged property-

  1. 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.

 

 

The same duty as on a Conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument.

 

The same duty as on a Conveyance (No.23) for a consideration equal to the
total amount of the charge (including the original mortgage and any further
charge already made) less the duty already paid on such original mortgage and further charge.
The same duty as on a Bond (No. 15) for the amount of the further charge secured by such instrument.

33.

GIFT-instrument of, not being a SETTLEMENT (No.58) OR WILL OR TRANSFER (NO.62).
(a)     (i)         when executed in favour of legal heirs in                       respect of Agricultural Land;
(ii)        in any other case, in respect of Agricultural Land;

 

  1. other property (other than legal heir).

 

HIRING AGREEMENT or agreement of service, See AGREEMENT. (No.5)

 

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;

 

  1.       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 advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed 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 the advaloremstamp 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 ACOMPANY-

Deleted through Finance Act, 2004

40

MORTGAGE-DEED, not being (an AGREEMENTRELATING 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)-

  1. 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;
  1. 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 SHIPSee 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 shall
be 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;

  1. 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 NOTSPECIFICALLY 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 THENATURE SPECIFIED IN DIVISION A OR DIVISIONB 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)-

  1. 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.
  2. When authorizing one person or more to act in a single transaction other than the case mentioned in clause (a), (e), (ee) and (eee).
  3. When authorizing not more than five persons to act jointly and severally in more than one transaction or generally;
  4. When authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;
  5. 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

  1. 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.

  1. where such amount does not exceed Rs. 2,000;
  2. where such amount exceeds Rs.2,000 but does not
    exceed Rs. 10,000;
  3. where such amount exceeds Rs. 10,000.

EXEMPTIONS
 RECEIPT—

  1. 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;
  2. for any payment of money without consideration;
  3. 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 non­ commissioned or petty officer, soldier, sailor or airmen or any of the said forces and serving in such capacity;

  1. 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;
  2. 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

  1. if the consideration for which the property
                 was mortgaged does not exceed Rs. 1,000;

 

  1. 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.
REVOCATION OF ARMY TRUST 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 executedby 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—

  1. when the amount secured does not exceed Rs. 1,000
  1. 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;

  1. 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;
  2. 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             ot

Attachments

Share On: