THE WEST PAKISTAN FINANCE ORDINANCE, 1969. WEST PAKISTAN ORDINANCE, No.VII OF 1969.
CONTENTS
PREAMBLE Sections.—
THE WEST PAKISTAN FINANCE ORDINANCE, 1969. WEST PAKISTAN ORDINANCE No. VII OF 1969. (20th June, 1969). ANORDINANCE. to continue and levy certain taxes, cesses and surcharge in the Province of West Pakistan.
Preamble.
NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, the Administrator of Martial Lav/, Zone A, in exercise of the powers of the Governor of West Pakistan conferred on him by the Chief Martial Law Administrator, is pleased to make and promulgate the following Ordinance:-
Short title extent and commencement.
(2) It shall, except as provided hereinafter, come into force on and from the first day of July, 1969.(3) It shall extend, except as otherwise specified hereinafter, to the whole of the 1[North-West Frontier Province] excluding the Tribal Areas.
Amendment of section 3 act IV of 1909
Explanation.—For purposes of this section, "agricultural year" means the agricultural year as defined in the West Pakistan Land Revenue Act, 1967.
Substitution of section 4,Act IV of 1909
1. In sub-section 0) of section-1, the words province of West Pakistan, the words North-West Frontier Province, substituted by N, W, F. P. Adapt, of laws Order, 1975 2. In section-2, in sub-section (1), the words Campbellpur, Dera Ghasi Khan. Gujranwala, Gujrat, Jhclum Jhang, Lahore Lyallpur Mianwali, Muzaffargarh, Rawalpindi, Sahiwal Sargodha. Sheikhupura and Sialkot, omitted . . . . ibid. 3. In sub-section (2), the words and figures and the Punjab Agricultural Income tax Act. 1951, omitted . . . . ibid,
Cinema Tax
3. (1) There shall be levied and collected a tax on cinemas payable by the Owner or management thereof at the following rates for the financial year 1969-70:—
(i) In the case of a cinema classed as a first class cinema.
One thousand rupees,
(ii) In the case of a cinema classed as a second class cinema.
Five hundred rupees,
(iii) In the case of a cinema classed as a third class cinema.
One hundred rupees.
(2) If the person responsible for the payment of the tax under sub-section (1) fails to pay the tax within the period prescribed under the rules for its payment, he shall be liable to pay, in addition to the amount of such tax, a penalty not' exceeding the amount of the tax payable.
4. There shall be levied and collected in any area in which a tax is imposed on motor vehicles by or under any enactment in force in 1[N.W.F.P.] a surcharge on such tax, payable by the person by whom the tax is payable at the following rates for the financial year 1969-70;
(i) Motor vehicles used for the transport or carriage of goods and materials.
Twenty-five rupees.
(ii) Motor vehicles plying for hire and licensed to carry more than eight persons.
Fifty rupees.
Tax on railway fares and freights
5. Until the 30th day of June, 1970, there shall be levied and 'paid on railway fares and freights a tax according to the scale set out in the Second Schedule.
Enhanced Electricity Duty.
2[6 . . . . . . ]
Amendment of Stamp Act, 1899
7. With effect from 1st July, 1969, for the existing Schedule I to the Stamp Act, 1899 (Act-II of 1899), the Schedule contained in the fifth Schedule to this Ordinance shall be substituted.
1. In section-4, the words West Pakistan, the words North-West Frontier Province, subs. by N. W, F, P, Adaptation of Laws Order, 1975,
8. (1) With effect from 1st July, 1969, there shall be levied and collected a cess, called the Welfare Cess, upon all tickets issued for admission to cinema houses and race-courses, at the following rates
Welfare Coss.
(i) In the case of tickets for admission to a cinema house.
Ten paisa per ticket
(ii) In the case of tickets for admission to a race-course :
One rupee per tickets.
(2) The cess imposed under sub-section (1) shall be levied and collected, so far as may be, and subject to any rules made by the Provincial Government in this behalf under this Ordinance, in the same manner as the entertainment duty payable under the West Pakistan Entertainments Duty Act, 1958 (W.P. Act X of 1958).
Amendment of W.P Act XXIX of 1964
"4. The cess shall be levied upto the thirtieth day of June, 1969." (2) Notwithstanding anything contained in sub-section (2) of section 4-B, of the Pakistan Day Memorial Cess (West Pakistan) Act, 1964, the proceeds of the cess imposed under the said Act, as modified by this Ordinance, payable on or after the 1st day of July, 1968, shall be credited into the Provincial Consolidated Fund of West Pakistan.
Amendment of section 5 of W.P. Act X 1958.
"(2) The Government may, by an order in writing, require the proprietor of any entertainment in respect of which the entertainment duty is payable under section 3 on the application of any such proprietor permit him on such conditions as the Government may prescribe to pay the amount of the duty due:—
(c) in accordance with the results recorded by any mechanical contrivance that automatically registers the number of persons admitted".
11. Where any tax, cess or surcharge imposed by this Ordinance, is by way of an addition to, or a surcharge on, any existing tax, imposed by or under an enactment in force in 1[North-West Frontier Province] the procedure provided in such enactment and the rules framed thereunder for the assessment, collection and recovery of such tax, shall so far as applicable, apply to the assessment, collection and recovery of the additional tax, cess or surcharge.
Bar of suits in Civil Courts.
12. No suit shall lie in any Civil Court to set aside or modify any assessment, levy or collection of a tax, duty, cess or surcharge made under this Ordinance and the rules thereunder or any penalty imposed under subsection (2) of section 3.
Power to make rules.
13. (1) The Provincial Government may make rules for carrying into effect the purposes of this Ordinance, and such rules may, among other matters, prescribe the procedure for the assessment, collection and payment of any tax or cess levied or the imposition of any penalty under this Ordinance, in so far as such procedure is not provided in this Ordinance.
(2) Any rule made or deemed to have been made under the corresponding provisions of the West Pakistan Finance Act, 1968 (W.P. Act III of 1968), shall, so far as may be, continued and be deemed to have been made under this Ordinance.
1. Subs, by N.W.F.P., A. L. O. 1975.
FIRST SCHEDULE. (See Section. 2)
Where the total land-revenue payable does not exceed Rs. 349.
Nil.
Where the total land-revenue payable exceeds Rs. 349 but does not exceed Rs. 499.
Rupees twelve.
Where the total land-revenue payable exceeds Rs. 499 but does not exceed Rs. 749.
Rupees twenty four.
Where the total land-revenue payable exceeds Rs. 749 but does not exceed Rs. 999.
Rupees fifty.
Where the total land-revenue payable exceeds Rs. 999 but does not exceed Rs. 1,999.
Rupees one hundred
Where the total land-revenue payable exceeds Rs. 1,999 but does not exceed Rs. 4999.
Rupees two hundred and fifty.
Where the total land-revenue payable exceeds Rs. 4,999 but does not exceed Rs. 9,999.
Rupees five hundred.
Where the total land-revenue payable exceeds Rs. 9,999.
Rupees one thousand.
SECOND SCHEDULE (See Section 5)TAX ON RAILWAY FARES AND FREIGHTS PART—I
Freight (Goods)
Where the freight on any consignment does not exceed Rs. 3.
Where the freight on any consignment exceeds Rs.3. but does not exceed Rs. 10.
Six paisa.
Where the freight on any consignment exceeds Rs. 10 but does not exceed Rs. 25.
Twelve paisa.
Where the freight on any consignment exceeds Rs. 25 but does not exceed Rs. 50.
Twenty-five paisa.
Where the freight on any consignment exceeds Rs. 50 but does not exceed Rs. 75.
Fifty paisa.
Where the freight on any consignment exceeds Rs. 75 but does not exceed Rs. 100.
One rupee.
Where the freight on any consignment exceeds Rs. 100 but does not exceed Rs, 150.
Two rupees.
Where the freight on any consignment exceeds Rs. 150 but does not exceed Rs, 225.
Three rupees.
Where the freight on any consignment exceeds Rs. 225 but does not exceed Rs. 300.
Four rupees.
Where the freight on any consignment exceeds Rs. 300.
Four rupees plus one rupee for every hundred rupees in excess of three hundred rupees of freight.
Fares (Passengers)
Amount of tax
On a First Class ticket
50 paisa.
On a Second Class ticket
25 paisa.
On an Inter Class ticket
12 Paisa.
6 paisa.
Provided that no tax exceed Rs. 3, shall be levied where the fare does not exceed Rs. 3.
(See section 6) "FIFTH SCHEDULE (see Section. 13) Rate of Electricity Duty1. For energy consumed in respect of premises not falling under Article 2 of this Schedule, used For—
Two paisa for each unit of energy consumed.
(b) An industrial undertaking
One paisa for every two units of energy consumed.
(c) Tubwells, irrigation and agricultural machinery.
Explanation.. Premises which are used wholly or principally or manufacturing processes within the meaning of section 2 of the Factories Act 1934, shall be deemed to be used for an industrial undertaking.
4 paisa for every rupee of flat charge realized by the licensee; provided that no duty shall be levied where such a charge does not exceed Rs. 5 during a month.
FOURTH SCHEDULE (Section 6) SIXTH SCHEDULE (see Section. 13) Exemption from Electricity Duty.
FIFTH SCHEDULE (Section 7) SCHEDULE ISTAMP DUTY ON INSTRUMENTS
Proper Stamp-duty
1. ACKNOWLEDGMENT of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book other than a banker's pass-book or on a separate piece of paper when such book or paper is left in the creditor's possession, Provided that such acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property:-
(a) where such amount does not exceed Rs. 100.
15 paisa.
(b) where such amount exceeds Rs. 100 but does not exceed Rs. 2,000.
40 paisa.
(c) where such amount exceeds Rs.. 2,000.
2. ADMINISTRATION BOND, including a bond given under sections 291, 375, and 376 of the Succession Act, 1925, section 6 of the Government Savings Banks, Act, 1973:—
(a) where the amount does not exceed Rs. 1,000;
The same duty as on a Bond (No. 15) for such amount.
Description of Instrument
(b) in any other case
Thirty rupees.
3. ADOPTION-DEED That is to say, any instrument (other than a will recording an adoption or ' conferring of purporting to confer an authority to adopt.
Fifty Rupees.
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—
(a) as a condition of enrolment under the Indian Army Act, 1911, or the Pakistan Army Act, 1952, or the Indian Air Force Act, 1932, or the Pakistan Air Force Act, 1953;
(b) for the immediate purpose of being filed or used in any Court or before the officer of any Court; or
(c) for the sole purpose of enabling any person to receive any pension or chairtable allowance.
5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT—
(a) if relating to the sale of a bill of exchange:
One rupee
(b) if relating to the sale of Government security;
Fifty paisa for every Rs. 10,000 or part there of the value of the security, subject to a maximum of fifty rupees.
(c) if relating to the sale of a share in an incorporated company or other body corporate;
Twenty-five paisa for every Rupees 5,000 or part there of the value of the share.
(d) if not otherwise provided for
Four Rupees.
Agreement or Memorandum of an Agreement—
(a) for or relating to the purchase of or sale of goods or merchandise exclusively, not being a NOTE OR MEMORANDUM chargeable under No.43:
(b) made in the form of tenders to the Central Government for or relating to any loan.
AGREEMENT TO LEASE, See LEASE (No. 35).
6. AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS PAWAN 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 plege of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt—
(a) if such loan or debt is repay- able on demand or more than for three months from the date the instrument evidencing the agreement;
The same (duty as on a Bill of Exchange [No.13 (a)] for the amount secured.
(b) if such loan or debt is repayable not more than three months the date of such instrument.
Half the duty (payable on Bill of Exchange [No. 13(a)] for the amount secured.
EXEMPTION
Instrument of pawn or pledge of goods if unattested.
7. APPOINTMENT IN EXECUTION OF A POWER where made by any writing not being a will-
(a) of trustees . ..
Thirty-five rupees.
(b) of property, movable or immovable. ..
Seventy rupees. .
8. APPRISEMENT 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 ..
(a) Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operatin of law.
(b) Appraisement, of crop for the purpose of ascertaining the amount to be given to a landlord as rent.
9. APPRENTICESHIP - DEED, including every writing relating to the service or tuition of any apprentice clerk or servant, placed with any master to learn any profession, trade or employment not being ARTICLES OF CLERKSHIP (No.II).
Instrument of apprenticeship executed by a Magistrate under the Apprentices Act,1850, or by which a person is apprenticed by or at the charge of any public charity.
10. ARTICLES OF ASSOCIATION OF A COMPANY—
(a) where the company has no share capitals or the nominal share capital does not exceed Rs. 2,500 ;
(b) where the nominal share capital exceeds Rs. 2,500 but does not exceed Rs. 1,00,000 ;
(c) where the nominal share capital exceeds Rs. 1,00,000 but does not exceeds Rs. 10,00,000.
Two hundred rupees.
(d) where the nominal share capital exceeds Rs. 10,00,000
Five hundred rupees.
Articles of any Association and not formed for profit and registered under section 26 of the Companies Act 1913.
see also MEMORANDUM OF ASSOCIATION OF A COMPANY (No.39).
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 (No.30), AND POWER OF ATTORNEY (No. 48).
AUTHORITY TO ADOPT. see ADOPTION-DEED (No.3).
12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on in 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 property to which award relates as set forth such award subject to maximum fifty 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 but not more than one year after date or sight—
Proper
Stamp-duty
50
If drawn singly
If draw in set of two for each port 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.
Twenty Paisa.
Ten paisa
Five Paisa
if it exceeds Rs. 200 but does not exceed Rs. 400.
Forty Paisa
Ten Paisa.
if it exceeds Rs. 400 but does not exceed Rs. 600
Sixty Paisa.
Thirty Paisa
if it exceeds Rs 600 but does not exceed Rs. 800.
Eighty paisa
Forty paisa
Thirty paisa
if it exceed Rs. 1,000 but does not exceed Rs. 1,200
Fifty paisa
if it exceeds Rs. 1,000 but does not exceed Rs. 1,200
Rs. 1.20
Sixty paisa
it it exceed Rs. 1,200 but does no exceed Rs. 1,600
Rs. 1.50
Seventy-five paisa
if it exceeds Rs. 1,600 but does not exceed Rs. 2,500
Rs. 2.50
Rs. 1.00
if it exceed Rs. 2,600 but does not Rs. 5.00 exceed Rs. 5,000
Rs. 5.00
Rs.2.50
Rs. 1.75
if it exceeds Rs. 5,000 but does not exceed Rs. 7,504
Rs. 7.50
Rs. 3.75
Rs. 2.00
if it exceed Rs. 7,500 but does not exceed Rs. 10,000
Rs. 10.00
Rs. 3.50
if it exceeds Rs. 10,000 but does not exceed Rs. 15,000
Rs. 15.00
if it exceeds Rs. 15,000 but does not exceed Rs. 20,000
Rs. 20.00
Rs. 6.75
if it exceeds Rs. 20.000 but does not exceed Rs. 25,000.
Rs. 25.00
Rs. 12.50
Rs. 8.50
if it exceeds Rs 25,000 but does not exceed Rs. 30,000.
and for every additional Rs. 10,000 or part thereof in excess of Rs. Rs. 30,000
Rs. 10.00 Rs. 5.00 Rs. 3.50.
(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.
14. BILL OF LADING including a through bill of lading)
Note:— If a bill of lading is drawn in parts, the proper stamps therefore must be borne by each one of the sets.
(a) Bill of lading when the goods therein described are received at a place within the limits of any part as defined under the ports Act, 1908, and are to be delivered at another place within the limits of the same port.
(b) Bill of lading when executed out of Pakistan and relating to property to be delivered in Pakistan.
15. BOND as defined by section 2 (5) not being a Debenture (No. 27) and not being other wise provided for by this Act, or by the Court Fees Act, 1870-
Where the amount or value secured does not exceed Rs. 10.
Twenty -five paisa
Where it exceeds Rs. 10 but 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.
Four rupees
Where it exceeds Rs. 200 but does not exceed Rs. 300.
Six rupees.
Where it exceeds Rs. 300 but does not exceed Rs. 400.
Eight rupees.
Where it exceeds Rs. 400 but does not exceed Rs. 500.
Ten rupees.
Where it exceeds Rs. 500 but does not exceed Rs. 600.
Twelve rupees.
Where it exceeds Rs. 600 but does not exceed Rs. 700.
Fourteen rupees.
Where it exceeds Rs. 700 but does not exceed Rs. 800.
Sixteen rupees.
Where it exceeds Rs. 800 but does not exceed Rs. 900.
Eighteen rupees.
where it exceeds Rs. 900 but does not exceed Rs. 1,000.
Twenty rupees.
and for every Rs. 500 or part there of in excess of Rs. 1,000.
See ADMINISTRATION BOND (No.2), BOTTOMRY BOND (No. 16) (CUSTOMS BOND No. 26).
INDEMNITY BOND (No.34),RES-PONDENTIA BOND (No. 56), SECURITY BOND (No 57).
Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a Charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.
16. BOTTOMRY BOND, that is to say, any instrument where by the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.
The same duty as on a Bond (No. 15) for the same amount.
17. CANCELLATION, instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.
Fifteen rupees.
See also RELEASE (No.55), REVOCATION OF SETTLEMENT (No.58-B), SURRENDER OF LEASE (No.61), REVOCATION OF TRUST (N0.64-B).
18. CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer.
(a) where the purchase money does not exceed Rs. 10;
Fifty Paisa.
(b) where the purchase money exceeds Rs. 10 but does not exceeds Rs. 25.
One rupees.
(c) in any other case
The same duty as on a Conveyance (No.23) for a consideration equal to the amount of the purchase money only Fifty paisa.
19. CERTIFICATE OR OTHER DOCUMENT evidencing the right or title of the holder there of or any other person, either to any shares scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.
see also LETTER OF ALLOTMENT OF SHARES (No. 36)
20. CHARTER PARTY, that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a veessel or some specified principal part thereof is let for the specified purposes of the charter , whether it includes a penalty clause or not.
Five rupees.
21. * * *
22. COMPOSITION-DEED that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or hereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of Inspector or under letters of licence for the benefit of his creditors.
"23. CONVEYANCE as defined by section 2 (10) not being a TRANSFER charged or exempted under No.62—
Where the amount or value of the consideration for such conveyance as set forth therein does not exceed Rs. 50.
Three Rupees.
Where it exceeds Rs. 50 but does exceed Rs. 100.
Six Rupees.
Twelve Rupees.
Eighteen Rupees.
Twenty -four Rupees.
Thirty Rupees.
Thirty-six Rupees.
Forty two Rupees.
Forty eight Rupees.
Forty four Rupees.
Where it exceeds Rs. 900 but does not exceed 1,000.
Sixty Rupees.
And for every Rs. 500 or part thereof in excess of Rs. 1,000.
1. S. No. 23 subs. by N. W. F. P. Act No. IV of 1986.
EXEMTPION
Assignment of copy right by entry made under the Copy right Act, 1914, section 5.
CO-PARTNERSHIP-DEED. See PARTNERSHIP (No.46).
24. COPY OR EXTRACT certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court-fees—
(i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed four rupees;
(ii) in any other case
(a) Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose;
(b) Copy of, or extract from, any register relating to births, baptisms, naming, dedications, marriages (divorces), deaths or burials.
25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid—
(a) if the duty with which the original instrument is chargeable does not exceed four.
The same duty as is leviable on the original.
Counterpart of any lease granted to cultivator when such lease is exempted from duty.
26. CUSTOMS-BOND—
(a) where the amount does not exceed Rs. 1,000 ;
27. DEBENTURE (whether a mortgage debenture or not, being a marketable security transferable-
(a) by endorsement or by a separate instrument of transfer;
(b) by delivery—
where the face value of the debenture does not exceed Rs. 50.
One rupee and fifty paisa.
Where it exceeds Rs.100 but does not exceed Rs. 200.
Nine rupees.
Eighteen rupees
Twenty one rupees.
Twenty -four rupees.
Twenty-seven rupees.
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.
fifteen rupees.
Explanation (The term "Debenture" includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.
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 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 de-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,
[27-A. Participation Term Certificate
The same duty as is liable on a Debenture of the same value.]
DECLATATION OF ANY TRUST.
(See TRUST (No.64).
28. DELIVERY-ORDER IN RESPECT OF GOODS, that is to say, any instruments entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE-DEED See
AGREEMENT relating to DEPOSIT of OF TITLE-DEEDS, Pawan or PLEDGE (No.5).
DISSOLUTION OF PARTNERSHIP See PARTNERSHIP (No.46).
29. DIVORCE-Instrument, of that is Fifteen rupees. to say any instrument by which any person effects the dissolution of his marriage.
1. Article 27-A added by N. W. F. P. Ord. No. XVII of 1981.
DOWER—Instrument of See STATEMENT (No.58).
DUPLICATE. See COUNTERPART (No.25)
30. ENTRY AS AN ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT under the Legal practitioner and Bar Councils Act, 1965—
(a) in the case of an Advocate
One thousand rupees.
(b) in the case of an Attorney
Entry of an Advocate or Attorney on the roll of any High Court when he has previously been enrolled in a High Court.
31. EXCHANGE OF PROPERTY Instrument of—
The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the value of the property of greatest value as set forth in such instrument.
EXTRACT. See COPY (No.24).
32. for a consideration equal to the value of the property of greatest value as set forth in such instrument.
(a) when the original mortgage is one of the description referred to in clause (a) of Article No.40 (that is, with possession);
The same duty as on a Conveyance (No.23) for a consideration equal to the amount of further charge secured by such instrument.
(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;
The same duty as on a Conveyance (No.23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgaged and further charge.
(ii) if possession is not so given
The same study as on a Bond (No. 15) for the amount of; the further charge secured by such instrument.
33. GIFT-Instrument of, not being SETTLEMENT (No.58) OR WILL OR TRANSFER (No.62)
The same duty as is leviable on a Conveyance No.23) for a consideration equal to the value of the property as setforth in such instrument.
HIRING AGREEMENT OR AGREEMENT FOR SERVICE see AGREEMENT (No. 5).
34. INDEMNITY BOND
The same duty as on a Security Bond(No.57) for the same amount.
INSPECTORSHIP-DEED See COMPOSITION, DEED (No.22)
INSURANCE— See POLICY OF INSURANCE (No.47)
35. LEASE, including an underlease or sub-lease and any agreement to let or sub-let—
(a) where by such lease the rent is fixed and no premium is paid or delivered—
(i) Where the lease purports to be for a term of less than one year;
The same duty as on a Bond (No. 15) for the whole amount payable or deliverable under such lease.
(ii) Where the lease purports to be for a term of not less than one year but not more than three years;
The same duty as on a Bond (No. 15) for the amount or value of the average annual rent reserved.
(iii) where the lease purports to be for a term in excess of three years, but not more than twenty years.
The same duty as is leviable on a Debenture [No.27 (b)] for a consideration equal to the amount or value of the average annual rent reserved.
(iv) Where the lease purports to be for a term in excess of twenty years or in perpetuity;
The same duty as is leviable on a Debenture (No.27 (b) for a consideration equal to the whole amount of rents which would be paid or delivered in respect of the first ten years of the lease.
(v) where the lease does not purport to be for any definite term;
The same duty as is leviable on a Debenture [No.27 (b)) for a consideration equal to the amount or value of the average annual rent which would be paid or delivered for the first ten years, if the lease continued so long.
(b) (i) where the lease is granted for money advanced and where no rent is reserved;
The same duty as is leviable on a Conveyance No.23)for a consideration equal to the amount of such advance as set forth in the lease.
(ii) where the lease is granted for a fine or premium and where no rent is reserved;
The same duty as is leviable on a Conveyance(No.23)for a consideration equal to the amount of such fine or premium as set forth in the lease.
(e) (i) Where the lease is granted for money advanced in addition to rent reserved ;
The same duty as is leviable on a Conveyance(No.23) for a consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease if, no advance had been paid or delivered; provided that, in any case when an agreement to leases is stamped with the advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed four rupees.
(ii) where the lease is granted for a fine or premium in addition to rent reserved.
The same duty as leviable on a Conveyance (No.23) for a consideration equal to the amount of such fine or premium as set forth in lease, in addition to the duty which would have been payable on such lease if no fine or premium had been paid or delivered; provided that, in any case when an agreement to lease is stamped with the advaloren stamp required for a lease and a lease pursuance of such agreement is subsequently executed the duty on such lease shall not exceed four rupees.
Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink without the payment or delivery of any fine premium when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees.
36. LETTER OF ALLOTMENT OF SHARES in any company or proposed company or in respect of any loan to be raised by any company or proposed company.
See also CERTIFICATE OR OTHER DOCUMENT (No. 19)
37. LETTER OF CREDIT, that is to say, any instrument by which one person authorizes an other to give credit to the person in whose favour it is drawn.
LETTER OF GUARANTEE, See AGREEMENT (No.5).
38. LETTER OF LICENCE, that is to say, any agreement between a debotor and his creditors, that the letter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion.
Twenty -five rupees.
39. MEMORANDUM OF ASSOCIATION OR A COMPANY—
(a) if accompanied by articles of association under section 35 of the Companies Act, 1913.
Seventy-five rupees.
(b) if not so accompanied
Memorandum of any association not formed for profit and registered under section 26 of the Companies Act,1913.
40. MORTGAGE-DEED not being an AGREEEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6), BOTTOMRY BOND (No. 16) MORTGAGE OF A CROP (No.41) RESPONDENTIA BOND (No.56), OR SECURITY BOND (No. 57)—
1[(a when possession of the property or any part of the property is given by the mortgagor or agreed to be given;
The same duty as on a conveyance (No. 23) for a consideration equal to the amount secured by such deed.'
Where the amount secured does not exceed Rs. 100.
The same duty as on Bond (No. 15) for the amount secured by such deed.
Where the amount exceeds Rs.100 but does not exceed Rs. 200.
Where the amount exceeds Rs.200 but does not exceed Rs. 300.
Where the amount exceeds Rs. 300 but does not exceed Rs. 400.
Where the amount exceeds Rs. 500 but does not exceed Rs. 500.
1. Subs. for the existing entry by N.W.F.P. Ord. IV of 1971, s. 9.
Where the amount exceeds Rs.700 but does not exceed Rs. 800.
Twenty-four rupees.
Where the amount exceeds Rs. 800 but does not exceed Rs. 900.
Where the amount exceeds Rs. 900 but does not exceed Rs. 1000.
And for every Rs. 500 or part thereof in excess of Rs. 1000.
1[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.]
(1) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883, or the West Pakistan Agriculturists Loans Act, 1958 or by their sureties as security for the repayment of such advances,
(2) Letter of hypothecation accompanying Bill of Exchange.
41. MORTGAGE OF A CROP, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of mortgage-
(a) when the loan is re-payable not more than three months from the date of the instrument— for every sum secured not exceeding Rs.200; and every Rs. 200 or part thereof Twenty-five Paisa. secured in excess of Rs. 200;
Twenty-five Paisa.
1. Added by N.W.F.P. Ord. No. IX of 1980 s. 3.
(b) when the loan is re-payable more than three months, but not more than eighteen months, from the date of the instrument for every sum secured not exceeding Rs. 100.
and for every Rs. 100 or part thereof secured in excess of Rs. 100.
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 or by any other person lawfully acting as a Notary Public.
See also PROTEST OF BILL OR NOTE (No.50)
43. NOTE OR MEMORANDUM SENT BY a broker or agent to his principal intimating the purchase or sale on account of such principal
(a) of any goods exceeding in value twenty rupees;
(b) of any stock or marketable security exceeding in value twenty rupees, not being a Government Security;
Twenty -five paisa for every Rs. 5,000 or a part thereof the value of the stock or security.
(c) of a Government security
Twenty-five paisa for every 10,000 rupees or part thereof the value of the security subject to a maximum of forty rupees.
NOTE OF PROTEST BY THE MASTER OF SHIP.
See also PROTEST BY MASTER OF A SHIP (No.51).
ORDER FOR THE PAYMENT OF MONEY.
See BILL OF EXCHANGE (No. 13)
45. PARTITION-Instrument of [as defined by section 2 (15)].
The same duty as on a Bond (No. 15) for the amount of the value of the separated share or shares of the property.
Explanation—The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other shares, than one of such equal shares) shall be deemed to be that from which other shares are separated :
Provided always that—
(a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument affecting such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than four rupees.
(b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for purpose of duty shall be calculated at not more than five times the annual revenue;
(c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court or any award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed four rupees.
46.—PARTNERSHIP—
A-INSTRUMENT OF—
(a) where the capital of the partnership does not exceed Rs. 500
Fifty rupees
B—DISSOLUTION OF—
PAWN OR PLEDGE— See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. (18).
47. POLICY OF INSURANCE—
A—See INSURANCE (see section 7)
(i) where the premium or consideration does not exceed the rate of 1/8 per cent 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.
Five paisa.
(ii) in any other case, in respect of every full sum of Rs. 2,000 and also any fractional part thereof insured by the policy.
(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;
Fifteen paisa.
(ii) where the insurance shall be made for any time exceeding six month and not exceeding twelve months.
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.
One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No.53.
C-ACCIDENT AND SICKNESS- INSURANCE—
(a) Against railway accident, valid for a single journey only.
When issued to a passenger travelling by the intermediate or the third class in any railway.
(b) In any other case for the maximum amount which may be come payable in the case of any single accident or sickness where such amount does not exceed Rs. 2,000 and also where such amount exceeds Rs. 2,000, for every Rs. 2,000 or part thereof.
Twenty-five paisa, Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed Rs. 2.50 per Rs. 1,000 the duty on such instrument shall be five paisa for every Rs. 1,000 or part thereof the maximum amount which may become payable under it.
D—INSURANCE BY WAY OF INDEMNITY—
Against liability to pay damages on account of accidents to workmen employed by or under or against liability to pay compensation under the Worksmen's Compesnsation Act, 1923, for every Rs. 100 or port thereof payable as premium.
E—LIFE INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such RE-INSURANCE as is described in Division of this article
If drawn in duplicate for each part
(i) for every sum insured not exceeding Rs. 250;
Ten paisa.
Five paisa
(ii) for every sum insured exceeding Rs. 250 but not exceeding Rs. 500 ;
Twenty paisa.
(iii) for every sum insured exceeding Rs. 500 but not exceeding Rs. 1,000 and also for every Rs. 100 or part thereof in exceess of Rs. 1,000.
Forty paisa.
Policies of life insurance granted by the Director-General of Post Offices in accordance with rules for postal Life Insurance issued under the authority of the Central Government
F—RE-INSURANCE BY AN-IN-SURANCE COMPANY WHICH HAS GRANTED A POLICY OF THE NATURE SPECIFIED IN DIVISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMAPNY BY WAY
One half of the duty payable in respect of the original insurance but not less than five paisa or more than one rupee.
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 bears the stamp prescribed by this Act for such policy nothing shall be claimable thereunder, nor shall it be available for any purpose except to compel the delivery of the policy therein mentioned.
48. POWER-OF ATTORNEY as defined by section 2(1), not being a proxy (No.52)—
(a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such document;
1[Three rupees.]
(b) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a);
1[Seven rupees.]
(c) when authorising not more than five persons to act jointly and severally in more than one transaction or generally;
1[thirty six rupees]
1. Subs. N.W.F.P. Ord. IV of 1971. s. 9.
(d) when authorising more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;
[Sixty rupees.]
(e) when given for consideration and authorising the attorney to sell any immovable property;
The same duty as is leviable on a Conveyance (No.23). for the amount of the consideration.
(f) in any other case
1[Six] rupees for each person authorised.
Explanation 1.-For the purposes of this Article more persons than one when-belonging to the same firm shall be deemed to be one person.
Explanation 2.—The term " Registration ' includes every operation incidental to registration under the Registration Act 1908.
49. PROMISSORY NOTE as defined by section 2 —
(a) when payable on demand—
(i) when the amount or value does not exceed Rs. 250;
(ii) when the amount or value exceeds Rs. 250 but does not exceed Rs. 1,000;
(iii) when the amount or value exceeds Rs. 1,000 but does not exceed Rs. 5,000;
Five rupees,
(iv) in any other case
1. Subs, by N.W.F.P. Ord. IV of 1971 s. 9.
(b) when payable other wise than on demand.
The same duty as on a Bill of Exchange (No. 13) for the same amount payable otherwise than on demand.
50. PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a Bill of Exchange for promissory note.
51. PROTEST BY THE MASTEROF A SHIP, that is to say, any declaration of the particulars of her voyage drawn up by him with a view to the adjustment of loss or the calculation of averages, and every declaration in writing made by him against the charters or the consignees or not loading or unloading the ship, such declaration is attested or certified by a Notary Public or other person law-fully 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, 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.
Twenty -five paisa.
53. RECEIPTS as defined by section 2(23) for any money other property the amount of value of which exceeds twenty rupees-
(a) where the amount or value does not exceed one hundred rupees;
(b) where the amount or value exceeds one hundred rupees but does not exceed Rs 2000
(c) where such amount exceeds Rs. 2,000
Receipts.
(a) endorsed on or contained in any instrument duly stamped or any instrument exempted under the proviso to section 3 (instruments executed on behalf of the Government) or any cheque or bill of exchange, payable on demand acknowledging the receipt of the consideration money reseed, or the receipt of any principal-money, interest or annuity, or other periodical payment thereby secured;
(b) for any payment of money without consideration;
(c) for any payment of cultivator on account land assessed to Government revenue;
(d) for pay or allowances by noncommissioned or petty officers, soldiers, sailors or airmen of the armed forces of Pakistan, Pakistan's military naval or air forces, when serving in such capacity, or by mounted police constables;
(c) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned as a noncommissioned or petty officer, soldier, sailor or airman, or any of the said forces and serving in such capacity;
(f) for pensions or allowances by persons receiving such pensions or allowances in respect of their services as such, non-commissioned or petty officers, soldier, sailors or airmen, and not serving the State in any other capacity;
(g) given by a headman or lambar-dar for land-revenue or taxes collected by him;
(h) given for money or securities for money deposited in the hands of any banker to be accounted for;
Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for;
Provided also that his exemption shall not extend to receipt or acknowledgment for any sum paid or deposited for or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security.
See also POLICY OF INSURANCE [(No.47-B (2)]
54. RE-CONVEYANCE OF MORTGAGE PROPERTY—
(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000:
The same duty as on a Bond (No. 15) for the amount of such consideration as setforth
55. RELEASE, that is to say, any instrument (not being such a release as is provided for by section 23-A) where by a person renounces a claim upon another person or against any specified property—
(a) if the amount or value of the claim does not exceed Rs. 1,000;
The same duty as on a Bond (No. 15) for such amount or value as setforth in the release
thirty rupees.
56. RESPONDENTIA BOND, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment . contingent on the arrival of the cargo at the port of destination.
The same duty as on a Bond (No.l ) for the amount of loan secured.
REVOCATION OF ARMY TRUST OR SETTLEMENT.
See SETTLEMENT (No.58) TRUST (No.64).
57. SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office or to account for money or other property received by virtue thereof executed in favour of a Court for the due discharge of a contingent liability or executed by a surety to secure the due performance of a contract—
(a) when the amount secured does not exceed Rs. 1,000;
The same duty as on a Bond No.15(for the amount secured.
Bond or other instrument, when executed —
(a) by any person for the purpose of guaranteeing that the local income derived . from private subscriptions to a charitable dispensary or hospital any other object of public utility shall not be less than a specified sum per mensem;
(b) under No.3-A of the rules made by the Provincial Government under section 70 of the Sindh Irrigation Act; 1879;
(c) executed by person taking advances under the Land Improvement Loans Act, 1883, or the West Pakistan Agriculturists Loans Act, 1958, or by their sureties, as security for repayment of such advances;
(a) executed by servants of the State or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof.
58. SETTLEMENT—
A—Instrument of (including a deed of dower) —
(i) where the settlement is made for a religious or charitable purpose;
The same duty as on a Bond (No. 15) for a sum equal to the amount or value of the property settled.
The same duty as is leviable on a Conveyance (No. 23) for a consideration equal to the amount or value of the property settled:
Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed, the duty on such instrument shall not exceed four rupees.
Provided further that, where an instrument of settlement contains any provision for the revocation of the settlement, the amount or value of the property settled shall, for the purposes of duty, be determined as if no such provisions were contained in the instrument.
Deed of dower executed on the occasion of marriage between Muslims.
B—Revocation of
The same duty as is leviable on a Conveyance (No.23) for a consideration equal to the amount or value of the property concerned, as set forth in the instrument of Revocation but not exceeding fifty rupees.
See also TRUST (No.64).
59. SHARE WARRANTS to bearer issued under the Companies Act, 1913,
One and a half times the duty payable on a Debenture [(No. 27 (b) ] for a consideration equal to the nominal amount of the shares specified in the warrant,
Share warrant when issued by a company in pursuance of the Companies Act, 1913, section 30, to have effect only upon payment, as composition to the Collector of Stamp.
(a) one and a half per centum of the whole subscribed capital of the company;
(b) if any company which has paid the said duty or composition in full subsequently issue an addition to its subscribed capital one and a half percentum of the additional capital so issued.
SCRIP—See CERTIFICATE (No. 19)
60. SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel.
twenty-five paisa
61. SURRENDER OF LEASE—
(a) when the duty with which the lease is chargeable does not exceed thirty rupees;
The duty with which lease is chargeable.
Surrender of lease, when such lease exempted from duty s 62. TRANSFER (whether with or without consideration)—
(a) of shares in an incorporated company or other body corporate;
One-fourth of the duty pay- able on a Conveynce (No.23) for a consideration equal to the value of the share.
(b) of debentures being marketable securities whether the debenture is liable to duty or not except debentures pro- vided for by section 8;
One-half of the duty payable on a Conveyance (No.23) for a consideration equal to the amount of the debentures
(c) of any interest secured by a bond mortgage-deed or policy of insurance—
(i) if the duty on such bond, mortgage-deed or policy does not exceed twenty rupees;
The duty with which such bond, mortgage-deed or insurance is chargeable.
(d) of any property under the Administrator-General Act, 1913, section 31;
(e) of any trust-property with out consideration from one trustee to another trustee or from a trustee to a beneficiary.
Twenty rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article.
Transfers by endorsement—
(a) of a bill of exchange, cheque or promissory note;
(b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of tile to goods;
(c) of a policy of insurance:
(d) of securities of the (Federal) Government.
See also section 8—
63. TRANSFER OF LEASE by way of assignment and not by by way of under-lease.
The same duty as is leviable on Conveyance (No. 23) for a consideration equal to the amount of the consideration for the tranfer
Transfer of any lease exempt from duty.
64. TRUST—
A. Declaration of—of, or concerning any property when made by any writing not being a WILL.
The same duty as on a Bond No, 15) for sum equal to the amount or value of the property concerned as setforth in the instrument but not exceeding thirty rupees.
B. Revocation of—of, or concerning any poperty when made by any instrument other than a Will.
See also SETTLEMENT (No.58).
The same duty as on a Bond (No. 15) for a sum equal to the amount of value of the property concerned as setforth in the instrument but not exceeding thirty rupees.
VALUATION See APPRAISEMENT (No. 8).
65. WARRANT FOR GOODS, that is to say, any instrument evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be.
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