NOTIFICATION29th June, 2002.No. LEGIS:l (14)/73-V/5070.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:-
THE NORTH-WEST FRONTIER PROVINCE FINANCE ORDINANCE, 2002.N.-W.F.P. ORDINANCE NO. XXIII OF 2002.ANORDINANCEto revive and modify certain taxes and duties in the North-West Frontier Province.WHEREAS it is expedient to revive and modify certain taxes and duties in the North-West Frontier Province;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 Emergency of the fourteenth day of October, 1999, as amended uptodate, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:1. Short title, extent and commencement.— (1) This Ordinance may be called the North-West Frontier Province Finance Ordinance, 2002.(2) It shall extend to whole of the North-West Frontier Province.(3) It shall come into force on the 1st day of July, 2002.
Explanation.—In this section, unless there is anything repugnant in the subject or context,—(a) "hotel" means an establishment where lodging with board or other service is provided for a monetary consideration, but shall not include—(i) any home or hostel maintained exclusively for aged or sick persons, or, as the case may be, for students, by or under the control of a charitable, medical or educational institution;(ii) any rest house, mess or other premises belonging to or in the possession of the Federal or a Provincial Government, where lodging, board or other service is provided for Government officials or members of the Defence Forces;
APPENDIX I[See section 2]"SCHEDULE-ISTAMP DUTY ON INSTRUMENTS [SEE SECTION 3]
Description of instrument
Proper Stamp Duty
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—
Three Rupees
Four Rupees
Eight Rupees
2.
ADMINISTRATION BOND, including a bond given under section 291, 375 and 376 of the Succession Act, 1925, section 6 of the Government Saving Banks Act, 1873—
The same duty as on a Bond (No. 15) on such amount
One hundred and twenty five 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 to adopt. ADVOCATE See ENTRY AS AN ADVOCATE (No. 30)
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:-
Twenty five rupees.
5.
AGREEMENT OR MEMORANDUM OF AN AGREEMENT—
(i) where the amount of contract does not exceed fifty thousand rupees; (ii) where the amount exceeds fifty thousand rupees but does not exceed five hundred thousand rupees; (iii) where the amount exceeds five hundred thousand rupees but does not exceed one million rupees; (iv) where the amount exceeds one million rupees but does not exceed five million rupees; (v) where the amount exceeds five million rupees.
EXEMPTIONS
AGREEMENT TO LEASE, see LEASE (No. 35)
Two hundred and fifty rupees.
One thousand two hundred and fifty rupees.
One thousand eight hundred and fifty rupees
Six thousand two hundred and fifty rupees. Eighteen thousand seven hundred and fifty rupees. One rupee for every Rs. 100.00 or part thereof of the amount of the contract.
Three rupees. Two rupees for every 10,000 rupees or part thereof of the value of the security, subject to a maximum of fifty rupees. Two rupees for every rupees 5000 or part thereof of the value of the share.
Thirteen rupees.
6.
AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDE, that is to say, any instrument evidencing an agreement relating to—
EXEMPTIONInstrument of pawn or pledge of goods if unattested.
The same duty as on a Bill of Exchange [No. 13(a)] for the amount secured.
Half the duty payable on a Bill of Exchange [No. 13(a)l for the amount secured.
7.
APPOINTMENT IN EXECUTION OF A POWERwhere made by any writing not being a will—
Sixty five rupees.One hundred and twenty fiverupees.
8.
APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit—
EXEMPTION
At the rate of four percent.
8-A
Application made on plain paper.(i) for redressal of grievances(ii) for arms licences of non-prohibited bore.(iii) For arms licences of prohibited bore.(iv) For form X and XII prescribed under the Arms Rules.
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)EXEMPTIONInstrument 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.
10.
ARTICLES OF ASSOCIATION OF A COMPANY
(d) where the nominal share capital exceeds Rs. 1,000,000 but does not exceed Rs. 50,000,000;(e) where the nominal share capital exceeds Rs. 50,000,000.EXEMPTIONArticles of any Association and not formed for profit and registered under section 42 of the Companies Ordinance, 1984. See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39),
Two hundred and fifty rupees.Three hundred and seventy five rupees
One thousand two hundred and fifty rupees.Three thousands one hundred and twenty five rupees.
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 TO ADOPT See ADOPTION DEED (No. 3)
Nine hundred and fifty rupees.
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.
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—
Description of instrument Proper Stamp Duty
It drawn singly.
If drawn in set of two, for each part of the set.
if drawn in set of three, for each part of the set.
If the amount of the bill does not exceed Rs. 200.
Thirty paisa.
Thirteen paisa.
Ten paisa.
If it exceeds Rs. 200 but does not exceed Rs. 400.
Fifty Paisa.
Twenty Five paisa.
Fifteen paisa.
If it exceeds Rs. 400 but does not exceed Rs. 600.
Seventy five paisa.
Forty paisa.
Twenty five paisa.
If it exceeds Rs. 600 but does not exceed Rs. 800.
One rupee.
Fifty paisa.
If it exceeds Rs. 800 but does not exceeds Rs. 1000.
One rupee and twenty five paisa.
Sixty five paisa.
If it exceeds Rs. 1000 but does not exceed Rs. 1200.
One rupee and fiftypaisa.
Sixty paisa.
If it exceeds Rs. 1200 but does not exceed Rs. 1600.
Two rupees
One rupee
Seventy paisa.
If it exceeds Rs. 1600 but does not exceed Rs. 2500.
Three rupees and twenty five paisa.
One rupee and seventy five paisa.
If it exceeds Rs. 2500 but does not does exceed Rs. 5000.
Six rupees and fifty paisa.
Three rupees and fifty paisas.
Two rupees and fifty paisa.
If it exceeds Rs. 5,000 but does not exceed Rs. 7,500.
Ten rupees.
Four rupees and seventy five paisa.
If it exceeds Rs. 7,500 but does not exceed Rs. 10,000.
Six rupees and fifty paisa
Four rupees and fifty paisa.
If it exceeds Rs. 10,000 but does not exceed Rs. 15,000.
Twenty rupees
Ten rupees
If it exceeds Rs. 15,000 but does not exceed Rs. 20,000.
Eight rupees and fifty paisa.
If it exceeds Rs. 20,000 but does not exceeds Rs. 25,000.
Thirty five rupees.
Sixteen rupees.
Eleven rupees.
If it exceeds Rs. 25,000 but does not exceed Rs. 30,000.
Forty rupees.
Twenty rupees.
and for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000.
Seven rupees.
Five rupees.
(b) where payable more than one year after date or sight.
One half of the duty payable on a Bond (No. 15) for the same amount.
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.(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) On first transaction at 0.33% of the amount or value secured;(ii) On each subsequent transaction at 0.15% of the amount or value secured.
Where the amount or value secured does not exceed Rs. 10.
Thirty five paisa.
Where it exceeds Ra. 10 but does not exceed Rs. 50.
One rupee and fifty paisa.
Where it exceeds Rs. 50 but does not exceed Rs. 100.
Where it exceeds Rs. 100 but does not exceed Rs. 200.
Where it exceeds Rs. 200 but does not exceed Rs. 300.
Where it exceeds Rs. 300 but does not exceed Rs. 400.
Where it exceeds Rs. 400 but does not exceed Rs. 500.
Where it exceeds Rs. 500 but does not exceed Rs. 600
Fifteen rupees
Where it exceeds Rs. 600 but does not exceed Rs 700.
Eighteen rupees.
Where it exceeds Rs. 700 but does not exceed Rs. 800.
Where it exceeds Rs. 800 but does not exceed Rs. 900.
Twenty three rupees.
Where it exceeds Rs. 900 but does not exceed Rs. 1000
And for every Rs. 500 or part thereof in excess of Rs. 1,000.
Thirteen rupees
See ADMINISTRATION BOND (No. 2) BOTTOMRY BOND (No. 16) CUSTOMS BONE (No. 26)
INDEMNITY BOND (No. 34) RESPONDENTS BOND (No. 56) SECURITY BOND (No. 57)
EXEMPTIONBond 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 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 anyinstrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.See also RELEASE (No. 55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61) REVOCATION OF TRUST (No. 64-B).
Sixty 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-
(b) in any other case ...
Two rupees.
Three rupees.
Three per cent.
19.
CRTIFICATE OR OTHER DOCUMENT evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in or of any incorporated Company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.See also LETTER OF ALLOTMENT OF SHARES (No. 36)
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.
Fifteen rupees.
21.
CHEQE PAY ORDER OR BANK DRAFT.
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.
23.
CONVEYANCE as defined by section 2(10) not being a TRANSFER charged or exempted under No. 62.
Explanation-I: For the purpose of sub-article (b)(1) "Urban area" shall mean—(i) an area as defined under the West Pakistan Urban Immoveable Property Tax Act, 1958; and(ii) any built up area including land situated within or adjoining such area, specified by notification by Government to be an urban area for the purpose of this clause.Explanation-II: For the purpose of such clause (ii) "built up area" shall mean land which is occupied as site of a building or enclosure and is not used for agricultural purpose or a purpose sub-servient to agriculture.(2) duty chargeable in respect of instruments relating to property in an urban area specified by the Government under clause (1) shall be effective from the date such area is specified as urban area.Explanation-III: Any reference in Schedule I to Article 23 shall mean a reference to sub-Articles (a) and (c) only:
CO-PARTNERSHIP — DEED, See PARTNERSHIP (No. 46).
Three rupees for every one hundred rupees or part thereof of the value of land.Three rupees for every one hundred rupees or part thereof of the value of the property.Three rupees for every one hundred rupees or part thereof of the value of the property.
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.
Three rupees.Fifteen rupees.
25.
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid—
EXEMPTIONCounterpart of any lease granted to a cultivator when such lease is exempted from duty.
The same duty as is leviable on the original.
26.
CUSTOMS-BOND—
The same duty as on a Bond (No. 15) for such amount.One hundred and twenty five rupees.
27.
DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable—
Where the amount or value secured does not exceed Rs. 50.Where it exceeds Rs. 50 but does not exceed Rs. 100.Where it exceeds Rs. 100 but does not exceed Rs. 200.Where it exceeds Rs. 200 but does not exceed Rs. 300.Where it exceeds Rs. 300 but does not exceed Rs. 400.Where it exceeds Rs. 400 but does not exceed Rs. 500.Where it exceeds Rs. 500 but does not exceed Rs. 600.Where it exceeds Rs. 600 but does not exceed Rs. 700.Where it exceeds Rs. 700 but does not exceed Rs. 800.Where it exceeds Rs. 800 but does not exceed Rs. 900.Where it exceeds Rs. 900 but does not exceed Rs. 1000.And for every Rs. 500 or part thereof in excess of Rs. 1,000.
(i) One first transaction at 0.33% of the amount in value secured.(ii) On each subsequent transaction at 0.15% of the amount in value secured.
The same duty as on a Bond (No. 15), for the same amount.
Four rupees.
Eight rupees.
Twelve rupees.
Thirty rupees.
27-A
PARTICIPATION TERM CERTIFICATEExplanation.—The term "Debenture" includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.EXEMPTION:A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of the debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part their property to trustees for the benefit of the debenture-holders; provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.See also BOND (No. 15, and SECTIONS 8 and 55)DECLARATION OF ANY TRUST, See Trust (No. 64)
The same duty as is leviable on a Debenture of the same value.
28.
DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any ware house in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.DEPOSIT OF TITLE-DEED [See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No. 6)].DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46).
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)
30.
ENTRY AS AN ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT— under the Legal Practitioners and Bar Councils Act, 1965—
EXEMPTIONEntry of an Advocate or Attorney on the roll of any High Court when he has previously been enrolled in a High Court.
One thousand and three hundred rupees.One thousand and three hundred rupees.
31.
EXCHANGE OF PROPERTY—Instrument of—
EXTRACT See Copy (No. 24).
Two rupees and fifty paisa for every one hundred rupees or part thereof of the value of the property.Ten rupees for every one hundred rupees or part thereof of the value of the property.Seven rupees for every one hundred rupees or part thereof of the value of the property.
32.
FURTHER CHARGE—Instrument of, that is to say, any instrument imposing a further charge on mortgaged property—
(i) If at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;
(ii) If possession is not so given.
The same duty as on a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument.
The same duty as on a Conveyance (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.
The same duty as on a Bond (No. 15) for the amount of the further charge secured by such instrument.
33.
GIFT-Instrument of, not being a SETTLEMENT (NO. 58) OR WILL OR TRANSFER (NO. 62)—(a) (i) when executed in favour of legal heirs in respect of Agricultural Land;
(ii) in any other case, in respect 01 Agricultural Land;
(b) other property.
HIRING AGREEMENT or agreement of service, See AGREEMENT (No. 5).
One rupee and twenty five paisa for every one hundred rupees or part thereof, of the value of the property as set forth in such instrument.Two rupees and fifty paisa for every one hundred rupees or part thereof, of the value of the property.Four rupees for every hundred rupees or part thereof, of value o1 the property.
34.
INDEMNITY BONDINSPECTION-DEED, See COMPOSITION-DEED (No. 22).INSURANCE, See POLICY OF INSURANCE (No. 47).
The same duty as on a Security Bond (No. 57) for the same amount.
35.
LEASE, including an under lease or sub-lease and any agreement to let or sub-let—(a) where by such lease the rent is fixed and nopremium is paid or delivered—(i) where the lease purports to be for a term of less than one year;
(ii) where the lease purports to be for a term of not less than one year but not more than three years;
(iii) where the lease purports to be for a term in excess of three years, but not more than twenty years;
(iv) where the .lease purports to be for a term in excess of twenty years or in perpetuity;
(v) where the lease does not purport to be for any definite term;
(b) (i) where the lease is granted for money advanced and where no rent is reserved;
(ii) where the lease is granted for a fine or premium and where 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 additional to rent reserved.
EXEMPTIONLeases, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.
The same duty as on a Bond (No. 15) for the whole amount payable or deliverable under such lease.The same duty as on a Bond (No. 15) for the amount or value of the average annual rent reserved.The same duty as is leviable on a Debenture (No. 27(b)) for a consideration equal to the amount or value of the average annual rent reserved. The same duty as in leviable on a Debenture (No. 27(b)) for a consideration equal to the whole amount of rents which would be paid or delivered in respect of the first ten years of the lease.
The same duty as in leviable on a Debenture (No. 27(b)) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years, if the lease continued so long.The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the amount of such advance as set Forth in the lease.The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the amount of such fine or premium as set forth in the lease.The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no advance had been paid or delivered; provided that, in any case when an agreement to lease is stamped with theadvalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed five rupees.The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the amount of such fine or premium as set forth in lease in addition to the duty which would have been payable on such lease if no fine or premium had been paid or delivered; provided that, in any case when an agreement to lease is stamped with theadvalorem stamp required for a lease and such agreement is subsequently executed, the duty on such lease shall not exceed five rupees.
36.
LETTER OF ALLOTMENT OF SHARES in any company or proposed company or in respect of any loan to be raised by any company, or proposed company.See also CERTIFICATE OR OTHER DOCUMENT(No. 19)
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.
MEMORANDUM OF ASSOCIATION OF A COMPANY—
EXEMPTIONMemorandum of any association not formed for profit and registered under section 42 of the Companies Ordinance, 1984.
Two hundred rupees.
Three hundred twenty rupees.
MORTGAGE-DEED, not being (an AGREEMENT RELATING TO,DEPOSIT OR TITLE DEEDS, PAWN OR PLEDGE (No. 6), BOTTOMRY BOND (No. 16), MORTGAGE OF A CROP (No. 40), RESPONDENTS BOND (No. 56) OR SECURITY BOND (NO. 57)—
Where the amount secured does exceed Rs. 100;
Where it exceeds Rs. 100 but does not exceed Rs. 200;
Where it exceeds Rs. 200 but does not exceed Rs. 300;Where it exceeds Rs. 300 but does not exceed Rs. 400;Where it exceeds Rs. 400 but does not exceed Rs. 500;Where it exceeds Rs. 500 but does not exceed Rs. 600;Where it exceeds Rs. 600 but does not exceed Rs. 700;Where it exceeds Rs. 700 but does not exceed Rs. 800;Where it exceeds Rs. 800 but does not exceed Rs. 900;Where it exceeds Rs. 900 but does not exceed Rs. 1,000;and for every Rs. 500 or part thereof in excess of Rs. 1,000.Explanation .---- A mortgagor who gives to the mortgagee a power of attorney to collect rents or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this article.
For every sum secured not exceeding Rs. 1,000.and for every 1,000 or part thereof secured in excess of Rs. 1,000.
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. Eight rupeesTwelve rupees Fifteen rupees Twenty rupees Twenty three rupees Twenty six rupees. Thirty rupees Thirty four rupees. Thirty eight rupees.
Twenty 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.Thirteen rupeesThirteen rupees
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---
(ii) and for every Rs. 100 or part thereof secured in excess of Rs. 100.
NOTARIAL ACT, that is to say, any instrument endorsement, note, attestation, certificate or entry not being a PROTEST (No. 50) made or signed b a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public.See also PROTEST OF BILL OR NOTWE (No. 50).
NOTE OF MEMOTANDUM SENT BY a broker or agent to his principal intimating the purchase or sale on account of such principal-
Seven rupees for every Rs. 5,000 or part thereof of the value of stock or security.
Two rupees and fifty paisa for every Rs.10,000 of the value of the security subject to a maximum of forty rupees.
NOTE OF PROTEST BY THE MASTER OF A SHIP See also PROTEST BY MASTER OF A SHIP (No.51).ORDER FOR THE PAYMENT OF MONEY See BILL OF EXCHANGE (No.13).
PARTITION- Instrument of [as defined by section 2(15)].
The same duty as on a Bond (No.15) for the amount of the value of the separated share or shares of the property.Explanation--- The largest share remaining after the property is partitioned (or of there are two or more shares of equal value and not smaller than any the other shares than one of such equal shares) shall be deemed to be that from which the other shares are separated.Provided always that---
PARTNERSHIP-A-INSTRUMENT OF-
B-DISSOLUTION OF – PAWN OF PLEDGE--- See AGREEMNT RELATON TO DEPOSIT OF TITLE- DEEDS PAWN OR PLEDGE (No.6)
One hundred and forty rupees.Three hundred and seventy five rupees.
POLICY OF INSURANCE:A-See INSURANCE (See section 7)---
In respect of every full sum of Rs. 2,000 of part thereof insured by the policy---
B--FIRE—INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE INCLUDED IN THIS ARTICALE COVERING GOODS, MERCHANDISE PERSONAL EFFECTS. CROPS AND OTHER PROPERTY AGAINST LOSS OR DAMAGE---
C--- ACCIDENT AND SICKNESS-INSURANCE---
EXEMPTIONWhen issued to a passenger travelling by the intermediate of the third class in any railway.
D----INSURANCE BY WAY OF INDEMNITY---Against liability to pay damages on account of accidents to workmen employed by to under the insurer or against liability to pay compensation under the Workmen’s Compensation Act, 1923, for every Rs.100 or part thereof payable as premium.E----LIFE INSURANCE OF OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such a REINSURANCE as is described in Division of this article----
EXEMPTIONPolicies 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 O FTHE NATURE SPECIFIED IN DIVISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMPANY BY WAY OF INDEMNITY OR GURANTEE AGAINST THE PARMENT ON THE ORIGINAL INSURANCE OF A CERTAIN PART OF THE SUM INSURED THEREBY.
GENERAL EXEMPTIONLetter of cover or engagement to issue a policy of insurance.Provided that, unless such letter of engagement bear the stamp prescribed by this act for such policy nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned.
If drawn singly.
If drawn in duplicate for each part.
Seven paisa.
Twenty paisa.
Seventy five paisa.One rupee and fifty paisa.
One half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53.
Thirty three paisa; provided that, in case of policy of insurance against death by accident when the annual premium payable does not exceed Rs.3 per Rs. 1,000 the duty on such instrument shall be seven paisa for every Rs.1,000 or part thereof of the maximum amount which may become payable under it.
If drawn if drawn Singly. duplicate, for each part.Seven paisa.
Fifteen paisa. Seven paisa
Twenty five fifteen paisaPaisa
fifteen paisa twenty five paisa
One-half of the duty payable in the respect of the original insurance but not less than the seven paisa or more than one rupee.
48.
POWER OF ATTORNEY as defined by section 2(21), not being a proxy (No. 52)---
EXPLANATION 1: For the purpose of this Article more persons than one when belonging to the same firm shall be deemed to be one person.EXPLANATION 2: The term “Registration” includes every operation incidental to registration under the Registration Act, 1908.
One hundred and ninety rupess.
Two hundred and fifty rupees.Seven hundred and fifty rupees.Eight hundred and seventy five.
The same duty as is leviable on a Conveyance (No. 23) for the mount of the consideration.
Thirteen rupees for each person authorized.
49.
PROMISSIORY NOTE [as defined by section 2(22)]----
Seven paisa.One rupee and twenty five paisa.Thirteen rupees.
Twenty five rupees.One hundred and twenty five rupees.The same duty as on a Bill of Exchange (No. 13) for the some amount payable otherwise than on demand.
50.
PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange for promissory note.
51.
PORTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of losses or the calculation of averages and every declaration in writing made by him against the charterers or the consignees for not loading or unloading the ship, when such declaration is attested or certified by a Notary Public or other person lawfully acting as such.See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No.44)
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, 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.
53.
RECIPTS as defined by section 2(23) for any money or other property the amount or value of which exceeds twenty rupees---
EXEMPTIOMSRECIPT---
Provided that the some is not expressed to be received of , or by the hand of, any other than the person to whom the some is to be accounted for:Provided also that this exemption shall not extend to receipt or acknowledgement for any sum paid or deposited for , or upon a letter of allotment of a share , or in respect of a call upon any scrip or share of , or in, any incorporate company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security.See also POLICY OF INSURANCE [No.47-B(2)].
One and half rupees.Three rupees.Seven rupees.
54.
RE---CONVEYANCE OF MORTGAGE PROPERTY---
The same duty as on a Board (No.15) for the amount of such consideration as set forth in the re-conveyance.One hundred and twenty five rupees.
55.
RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person or against any specified property.
The same duty as on a Bond (No.15) for such amount of the claim or value of the property.
56.
RESPONDENTIA BOND, that is to say, any instrument securing a loan on the cargo Landen or to be Landen on board a ship and making repayment contingent on the arrival of the cargo at the part of destination.
REVOCATION OF ARMY TRUST OR SETTLEMENT.See settlement (No.58) Trust (No.46).
The same duty as on a Bond (No. 15) for the amount of the loan secured.
57.
SECURITY BOND OR MORTGAGE-DEED,executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed in favour of a Court for the due discharge of a contingent liability or executed by a surety to secure the due performance of a contract—
EXEMPTION Bond or other instrument, when executed;
The same duty as on a Bond (No. 15) for the amount secured.One hundred and twenty five rupees.
58.
SETTLEMENT---A---Instrument of (including a deed of dower)------
Deed of dower execution on the occasion of a marriage between Muslims.
B—REVOCATION OF ----
See also TRUST (No. 64).
Two and a half rupees for every one hundred rupees or part thereof of the value of the property.The same duty as on a bond (No. 15) for a some of equal to the amount of value of the property settled.The same duty as is leviable on Conveyance (No. 23) for a consideration equal to the amount or value of the property settled;Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently execute, the duty on such instrument shall not exceed five rupees:Provided further that where an instrument of settlement contains any provision for the revocation of the settlement, the amount or value of the property settled shall, for purposes of duty, be determined as if no such provision were contained in the instrument.
The same duty as is leviable on a Conveyance (No. 23) foe a consideration equal to the amount or value of the property concerned, as set forth in the instrument of Revocation but not exceeding sixty three rupees.
59.
SHARES WARRANTS to bearer issued under the Companies Act, 1913.
EXEMPTIONSShare 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 -----
SCRIP, See Certificate (No. 19).
One and a half times the duty payable on a Debenture [(No.27(b)] for a consideration equal to the nominal amount of the shares specified in the warrant.
60.
SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel.
61.
SURRENDER OF LEASE---
EXEMPTIONSurrender of lease, when such lease is exempted from duty.
The duty with which lease is chargeable.One hundred and twenty five rupees.
62.
TRANSFER (Whether with or without consideration)-----
(i) if the duty on such bond, mortgaged-deed or policy does not exceed twenty rupees;
(ii) in any other case.
EXEMPTIONSTransfers by endorsement----(a) of a bill exchange, cheques or promissory note;(b) of a bill of lading, delivery order, warrant for goods or other mercantile document of title to goods;(c) of a policy of insurance;(d) of securities of the Federal Government.See also Section 8----
One-fourth of the duty payable on a conveyance (No. 23) for a consideration equal to the value of the share. One-half of the duty payable on a Conveyance (N0.23) for a consideration equal to the face amount of the debenture.
The duty with which such bond, mortgage-deed or policy of insurance is chargeable.
Sixty-three rupees.Sixty-three rupees.
Twenty-five rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article.
63.
TRANSFER FO LEASE of way of assignment and not by way of under lease.EXEMPTIONTransfer of any lease exempt from duty.
The same duty as is leviable on conveyance (No. 23) for consideration equal to the amount of the consideration for the transfer.
64.
TRUST---A---DECLARATION OF ---- of, or concerning any property when made by any writing not being a WILL.
B-REVOCATON OF--- of, or concerning any property when made by any instrument other than a WILL.
See also SETTLEMENT (No.58)VALUATION. See APPRAISEMENT (No. 8).
The same duty as on a Bond (No.15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding twenty rupees.The same duty as on a Bond (No.15) for a sum equal to the amount or value of the property concerned as set forth in the instrument but not exceeding twenty rupees.
65.
WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assignee, or the holder or thereof to the property in any goods lying in or upon any dock ware house or wharf, such instrument; being signed or certified by or on behalf of the person in whose custody such goods may be.
Seven rupees
APPENDIX II[See section 3]“TABLE
S.No
Description of Tax Payers
Rate of Tax
1
2
3
All persons engaged in any profession, trade, calling or employment, other than those specifically mentioned hereinafter, in the North-West Frontier Province, including employees of the Federal or Provincial Government, whose monthly income or earning,---
Rs.100.00
(a) When exceeds Rs.6000.00, but does not exceed Rs. 10,000.00;
(b) When exceeds Rs. 10,000.00, but does not exceed Rs.20, 000.00; and
Rs.150.00
(c) When exceeds.
Rs.200.00
All limited companies, Modarbas, Mutual Funds and any other body corporate with paid capital or paid up capital and reserves in the preceding year, which ever is more,---
(a) When not exceeding Rs. 10 million
Rs.10,000.00
(b) When exceeding Rs. 10 millions but not exceeding Rs. 25 million;
Rs.15,000.00
(c) When exceeding Rs. 25 millions but not exceeding Rs. 50 million;
(d) When exceeding Rs. 50 millions but not exceeding Rs. 100 million;
Rs.20,000.00
(e) When exceeding Rs. 100 millions but not exceeding Rs. 200 million; and
Rs.50,000.00
(f) When exceeding Rs. 200 millions. Explanation. ----- The paid up capital in case of foreign banks shall be the minimum paid up capital as determined by the State Bank of Pakistan.
Rs.100,000.00
Persons, other than companies, owing factories, commercial establishments, private educational institutions and private hospitals with ten or more employees.
Rs. 1500
Holders of import or export licence, assessed to income tax in the preceding year with annual turn over---
(a) When not exceeding Rs. 50,000.00
Rs.2000.00
(b) When exceeding Rs.50,000,00
Rs.3000.00
Travel Agents---
Clearing Agents licensed or approved as Custom House Agents.
(a) IATA
Rs.7500.00
(b) Non-IATA
Restaurants liable to Sale Tax
Advertising Agencies
Rs.5000.00
Doctors---1
(a) Specialists
Rs.1500.00
(b) Non-Specialists, including Medical Practitioners, Hakeems and Homeopaths
Rs.500.00
Clinical Laboratories, including patho-logical and chemical Laboratories---
(a) Located at Peshawar, Mardan, Charsadda and Abbottabad.
(b) Located at other places.
Contractors, Suppliers and Consultants, who, during the preceding financial year supplied to the Federal or any Provincial Government, or any local authority, goods, commodities, or rendered service of the value---
(a) When exceeding Rs. 10,000.00 but not exceeding Rs.1.00 million;
(b) When exceeding Rs. 1.00 million but not exceeding Rs.2.5 million;
(c) When exceeding Rs. 2.5 million;
10000.00
Petrol Pumps---
Rs.1000.00
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