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Pakistan (Punjab) Legislation |
THE
(W.P. Ord. VII of 1969)
C O N T E N T S
Sections
1. Short title, commencement and extent.
2. Surcharge on Agricultural Income.
Tax in certain Districts.
3. Cinema Tax.
4. Surcharge on Motor Vehicle Tax.
5. Tax on railway fares and freights.
6. [Repealed.]
7. Amendment of Stamp Act, 1899.
8. [Repealed.]
9. Amendment of W.P. Act XXIX of 1964.
10. Amendment of section 5 of W.P. Act X of 1958.
11. Application of existing laws.
12. Bar of suits in Civil Courts.
13. Power to make rules.
[1]THE [2][PUNJAB] FINANCE ORDINANCE, 1969
(W.P. Ordinance VII of 1969)
[30 June 1969]
An Ordinance to
continue and levy certain taxes, cesses and surcharge in the Province of
[3][the Punjab];
Preamble.-- WHEREAS it is expedient to continue and levy certain taxes, cesses and surcharges in the Province of [4][the Punjab];
NOW, THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read with the Provisional Constitution Order, the Administrator of Martial Law Zone `A', in exercise of the powers of the Governor of West Pakistan conferred on him by the Chief Martial Law Administrator, is pleased to make and promulgate the following Ordinance:-
1. Short title, commencement and extent.-- (1) This Ordinance, may be called the [5][Punjab], Finance Ordinance, 1969.
(2) It shall, except as provided hereinafter, come into force on and from the first day of July, 1969.
(3) It shall extend, except as otherwise specified hereinafter, to the whole of the Province of [6][the Punjab], excluding the Tribal Areas.
2. Surcharge on Agricultural Income Tax in
certain Districts.-- (1) There
shall be levied and collected from every owner of land which is assessed to
agricultural income-tax in the Districts of
[7][* * *], Campbellpur[8], Dera Ghazi Khan, Gujranwala, Gujrat, Jhelum,
Jhang, Lahore[9], Lyallpur[10], Mianwali, Multan[11], Muzaffargarh, Rawalpindi, Sahiwal, Sargodha,
Sheikhupura and Sialkot, on the land revenue payable in the agricultural year,
1968-69,
an additional amount of agricultural income-tax by way of surcharge at
the rate specified in the First Schedule.
Explanation--
For purposes of this section, "agricultural year" means the agricultural year
as defined in the
[12][Punjab] Land Revenue Act, 1967[13].
(2) The provisions of [14][* * *] the Punjab Agricultural Income-Tax Act, 1951[15], shall, so far as may be, apply to the assessment, collection and recovery of the surcharge imposed under this section.
3. Cinema Tax.-- (1) There shall be levied and collected a tax on cinema 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. Surcharge on Motor Vehicle Tax.-- 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 [16][the Punjab], 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.
5. Tax on railway fares and freights.-- 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.
6. [Enhanced Electricity Duty]. Repealed by the Punjab Finance Ordinance, 1971 (XI of 1971).
7. Amendment of Stamp Act, 1899.-- 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.
8. [Welfare Cess]. Deleted by the Punjab
Finance Act, 1974 (X of 1974).
9. Amendment of W.P. Act XXIX of 1964.-- (1) In the Pakistan Day Memorial Cess [17][Punjab] Act, 1964, for section 4, the following section shall be substituted and shall be deemed to have been so substituted with effect from 30th June, 1968:-
"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 [18][Punjab] 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 [19][Punjab].
10. Amendment
of section 5 of W.P. Act X of 1958.-- In the
[20][Punjab] Entertainments Duty Act, 1958, for
sub-section (2) of section 5, the following sub-section shall be substituted,
namely:-
"(2) The Government may, by an order in writing require the proprietor of any entertainment in respect of which the entertainments duty is payable under section 3, or on the application of any such proprietor permit him, on such conditions as the Government may prescribe, to pay the amount of the duty due:-
(a) by a consolidated payment; or
(b) in accordance with returns of the payments for admission to the
entertainment and on account of the duty; or
(c) in accordance with the results recorded by any mechanical contrivance that automatically registers the number of persons admitted".
11. Application of existing laws.-- 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 [21][the Punjab], 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.
12. Bar of suits in Civil Courts.-- 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 sub-section (2) of section 3.
13. Power to make rules.-- (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 rules made or deemed to have been made under the corresponding provisions of the [22][Punjab] Finance Act, 1968 (W.P. Act III of 1968), shall, so far as may be, be continued and be deemed to have been made under this Ordinance.
FIRST SCHEDULE
(See SECTION 2)
|
|
Surcharge
|
|
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.
4,999. |
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) |
Tax |
|
Where
the freight on any consignment does not exceed Rs.3. |
Nil. |
|
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. |
PART II
|
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. |
|
On a Third Class ticket |
6 paisa. |
Provided that no tax shall be levied where the fare does not exceed Rs.3.
THIRD SCHEDULE
(See SECTION 6)
[Repealed by Pb Ord. XI of 1971]
FOURTH SCHEDULE
(See SECTION 6)
[Repealed by Pb Ord. XI of 1971]
FIFTH SCHEDULE
(See SECTION 7)
"SCHEDULE 1
STAMP-DUTY ON
INSTRUMENTS
(See SECTION 3)
|
Description of Instrument |
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 acknowledgement 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. |
80
paisa. |
|||||
|
2. ADMINISTRATION BOND, including a bond given under sections 291, 375 and
376 of the Succession Act, 1925[23],
section 6 of the Government Savings Banks, Act, 1873[24]-- |
|
|||||
|
(a) where the amount
does not exceed Rs. 1,000; |
The same duty as on a Bond (No.15) for such amount. |
|||||
|
(b) in
any other case |
Thirty
rupees. |
|||||
|
3. ADOPTION-DEED that is to say, any instrument
(other than a will) recording an adoption or conferring or purporting to
confer an authority to
adopt. ADVOCATE, See ENTRY AS AN ADVOCATE
(No.30). |
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[25],
or the Pakistan Army Act, 1952[26]
or the Indian Air Force Act, 1932[27],
or the Pakistan Air Force Act, 1953[28]; |
Four
rupees. |
|||||
|
(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 charitable
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 thereof 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 thereof of the value of the share. |
|||||
|
(d) if not otherwise provided for. |
Four
rupees. |
|||||
|
EXEMPTIONS 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, 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 re-payment
of money advanced or to be
advanced by way of loan or an existing or future debt-- |
|
|||||
|
(a) if such loan or debt is repayable on demand
or more than three months from the date of 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 from the date of such instrument. EXEMPTIONS Instrument of pawn or pledge of goods if unattested. |
Half the duty payable on a
Bill of Exchange [No.13 (a)] for
the amount secured. |
|||||
|
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. 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; |
The same duty as on a Bond
(No.15) for such amount. |
|||||
|
(b) in any other case |
Thirty
rupees. |
|||||
|
EXEMPTIONS (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 operation 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.11). EXEMPTIONS Instrument
of apprenticeship executed by a Magistrate under the Apprentices Act, 1850[29], or by which a person is apprenticed by or
at the charge of any public charity. |
Twenty-five
rupees. |
|||||
|
10. ARTICLES OF ASSOCIATION OF A COMPANY-- |
|
|||||
|
(a) where the company
has no share capital or the nominal share capital does not exceed Rs.2,500. |
Fifty rupees. |
|||||
|
(b) where the nominal
share capital exceeds Rs.2,500 but does not exceed Rs. 1,00,000; |
One hundred rupees. |
|||||
|
(c) where the nominal
share capital exceeds Rs.1,00,000 but does not exceed Rs.10,00,000; |
Two hundred rupees. |
|||||
|
(d) where the nominal
share capital exceeds Rs.10,00,000. |
Five
hundred rupees. |
|||||
|
EXEMPTIONS Articles of any Association and not
formed for profit and registered under section 26 of the Companies Act, 1913[30]. |
|
|||||
|
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, See ENTRY AS AN ATTORNEY (No.30), AND POWER OF ATTORNEY (No.48). AUTHORITY TO ADOPT. See ADOPTION-DEED (No.3). |
Five
hundred 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
otherwise 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
subject to maximum of 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-- |
If 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. |
Twenty
paisa |
Ten
paisa |
Five
paisa |
|||
|
if it exceeds Rs. 200 but does not exceed Rs.400. |
Forty
paisa |
Twenty
paisa |
Ten
paisa |
|||
|
if it exceeds Rs. 400 but does not exceed Rs.600. |
Sixty
paisa |
Thirty
paisa |
Twenty paisa |
|||
|
if it exceeds Rs. 600 but does not exceed Rs.800. |
Eighty paisa |
Forty paisa |
Thirty paisa |
|||
|
if it exceeds Rs. 800 but does not exceed
Rs.1,000. |
One
rupee |
Fifty
paisa |
Thirty
five paisa |
|||
|
if it exceeds Rs.1,000 but does not exceed
Rs.1,200. |
Rs.1.20 |
Sixty
paisa |
Forty
paisa |
|||
|
If it exceeds Rs.1,200 but does not exceed
Rs.1,600. |
Rs.1.50 |
Seventy-five
paisa |
Fifty
paisa |
|||
|
if it exceeds Rs.1,600 but does not exceed
Rs.2,500. |
Rs.2.50 |
Rs.1.25 |
Rs.1.00 |
|||
|
if it exceeds Rs.2,500 but does not exceed
Rs.5,000. |
Rs.5.00 |
Rs.2.50 |
Rs.1.75 |
|||
|
if it exceeds Rs.5,000 but does not exceed
Rs.7,500. |
Rs.7.50 |
Rs.3.75 |
Rs.2.50 |
|||
|
if it exceeds Rs.7,500 but does not exceed
Rs.10,000. |
Rs.10.00 |
Rs.5.00 |
Rs.3.50 |
|||
|
if it exceeds Rs.10,000 but does not exceed
Rs.15,000. |
Rs.15.00 |
Rs.7.50 |
Rs.5.00 |
|||
|
if it exceeds Rs.15,000 but does not exceed
Rs.20,000. |
Rs.20.00 |
Rs.10.00 |
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. |
Rs.30.00 |
Rs.15.00 |
Rs.10.00 |
|||
|
and for every additional Rs. 10,000 or part
thereof in excess of 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
therefor must be borne by each one of the sets. EXEMPTIONS (a) Bill
of the lading when the goods therein described are received at a place within
the limits of any port as defined under the
Ports Act, 1908[31],
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. |
One
rupee. |
|||||
|
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[32]-- |
|
|||||
|
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. |
One rupee. |
|||||
|
where
it exceeds Rs.50 but does not exceed Rs.100. |
Two rupees. |
|||||
|
where
it exceeds Rs.100 but does not exceed Rs.200. |
Four rupees. |
|||||
|
where
it exceeds Rs.200 but does not exceed Rs.300. |
Six rupees. |
|||||
|
where
it exceeds Rs.300 but does not exceed Rs.400. |
Eight rupees. |
|||||
|
where
it exceeds Rs.400 but does not exceed Rs.500. |
Ten rupees. |
|||||
|
where
it exceeds Rs.500 but does not exceed Rs.600. |
Twelve rupees. |
|||||
|
where
it exceeds Rs.600 but does not exceed Rs.700. |
Fourteen rupees. |
|||||
|
where
it exceeds Rs.700 but does not exceed Rs.800. |
Sixteen rupees. |
|||||
|
where
it exceeds Rs.800 but does not exceed Rs.900. |
Eighteen rupees. |
|||||
|
where
it exceeds Rs.900 but does not exceed Rs.1,000. |
Twenty rupees. |
|||||
|
and
for every Rs. 500 or part thereof in excess of Rs. 1,000. |
Ten rupees. |
|||||
|
See ADMINISTRATION BOND (No.2), BOTTOMRY BOND (No.16), CUSTOMS BOND (No.26). INDEMNITY BOND (No.34), RESPONDENTIA
BOND (No.56) SECURITY BOND (No.57). EXEMPTIONS 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. See also RELEASE (No.55), REVOCATION
OF SETTLEMENT (No.58-B), SURRENDER
OF LEASE (No.61), REVOCATION OF
TRUST (No.64-B). |
Fifteen
rupees. |
|||||
|
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 exceed Rs.25; |
One
rupee. |
|||||
|
(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. |
|||||
|
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. |
Fifty
paisa. |
|||||
|
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 vessel or some specified principal
part thereof is let for the
specified purposes of the charterer, whether it includes a penalty clause or
not. |
Five
rupees. |
|||||
|
[33]21. * * * * * * * * * |
|
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|
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. |
Fifty
rupees. |
|||||
|
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. |
Two rupees. |
|||||
|
where
it exceeds Rs.50 but does not exceed Rs.100. |
Four rupees. |
|||||
|
where
it exceeds Rs.100 but does not exceed Rs.200. |
Eight rupees. |
|||||
|
where
it exceeds Rs.200 but does not exceed Rs.300. |
Twelve rupees. |
|||||
|
where
it exceeds Rs.300 but does not exceed Rs.400. |
Sixteen rupees. |
|||||
|
where
it exceeds Rs.400 but does not exceed Rs.500. |
Twenty rupees. |
|||||
|
where
it exceeds Rs.500 but does not exceed Rs.600. |
Twenty-four rupees. |
|||||
|
where
it exceeds Rs.600 but does not exceed Rs.700. |
Twenty-eight rupees. |
|||||
|
where
it exceeds Rs.700 but does not exceed Rs.800. |
Thirty-two rupees. |
|||||
|
where
it exceeds Rs.800 but does not exceed Rs.900. |
Thirty-six rupees. |
|||||
|
where
it exceeds Rs.900 but does not exceed Rs.1,000. |
Forty rupees. |
|||||
|
and
for every Rs.500 or part thereof in excess of Rs.1,000. |
Twenty rupees. |
|||||
|
EXEMPTION Assignment
of copyright by entry made under the Copyright Act, 1914[34],
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; |
Two rupees. |
|||||
|
(ii) in any other case |
Four rupees. |
|||||
|
EXEMPTION (a) Copy of any paper which a public officer is
expressly required by law to make or furnish for record in any public office
or for
any public purpose; (b) Copy of, or extract from, any register
relating to births, baptisms, namings, 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 rupees; |
The same duty as is leviable on the original. |
|||||
|
(b) in any other
case |
Four rupees. |
|||||
|
EXEMPTION Counterpart of any lease granted to
cultivator when such lease is exempted from duty. |
|
|||||
|
26. CUSTOMS BOND-- |
|
|||||
|
(a) where the
amount does not exceed Rs.1,000; |
The
same duty as on a Bond (No.15) for such amount. |
|||||
|
(b) in any other
case |
Thirty
rupees. |
|||||
|
27. DEBENTURE (whether a mortgage debenture
or not), being a marketable security transferable-- |
|
|||||
|
(a) by endorsement
or by a separate instrument of transfer; |
The
same duty as on a Bond (No.15) for the same amount. |
|||||
|
(b) by delivery-- |
|
|||||
|
where
the face value of the debenture does not exceed Rs.50. |
One
rupee and fifty paisa. |
|||||
|
where
it exceeds Rs.50 but does not exceed Rs.100. |
Three
rupees. |
|||||
|
where
it exceeds Rs.100 but does not exceed Rs.200. |
Six
rupees. |
|||||
|
where
it exceeds Rs.200 but does not exceed Rs.300. |
Nine
rupees. |
|||||
|
where
it exceeds Rs.300 but does not exceed Rs.400. |
Twelve
rupees. |
|||||
|
where
it exceeds Rs.400 but does not exceed Rs.500. |
Fifteen
rupees. |
|||||
|
where
it exceeds Rs.500 but does not exceed Rs.600. |
Eighteen
rupees. |
|||||
|
where
it exceeds Rs.600 but does not exceed Rs.700. |
Twenty-one
rupees. |
|||||
|
where
it exceeds Rs.700 but does not exceed Rs.800. |
Twenty-four
rupees. |
|||||
|
where
it exceeds Rs.800 but does not exceed Rs.900. |
Twenty-seven
rupees. |
|||||
|
where
it exceeds Rs.900 but does not exceed Rs.1,000. |
Thirty
rupees. |
|||||
|
and
for every Rs.500 or part thereof in excess of Rs.1,000. |
Fifteen
rupees. |
|||||
|
Explanation--
The term "Debenture" includes any
interest coupons attached thereto, but the amount of such coupons shall not
be included in estimating
the duty. |
|
|||||
|
EXEMPTION |
|
|||||
|
A debenture issued by an incorporated
company or other body corporate in terms of a registered mortgage-deed, duly
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 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). |
|
|||||
|
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). |
Twenty-five
paisa. |
|||||
|
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). |
Fifteen
rupees. |
|||||
|
30. ENTRY AS AN
ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT--under the Legal Practitioners
and Bar Councils Act, 1965[35]-- |
|
|||||
|
(a) in the case of an Advocate |
One
thousand rupees. |
|||||
|
(b) in the case of an Attorney |
One
thousand rupees. |
|||||
|
EXEMPTION |
|
|||||
|
Entry
of an Advocate or Attorney on the roll of any High Court when he has
previously been enrolled in a High Court. |
|
|||||
|
31. EXCHANGE OF PROPERTY-- Instrument of-- |
The
same duty as is leviable on a Convey-ance (No.23) for a consideration equal
to the value of the property of greatest value
as set forth in such
instrument. |
|||||
|
EXTRACT. See COPY (No.24) |
|
|||||
|
32. FURTHER CHARGE--Instrument of, that is to say, any instrument
imposing a further charge on mortgaged property-- |
|
|||||
|
(a) when the
original mortgage is one of the description referred to in clause (a) of Article No.40 (that is, with
possession); |
The same duty as on a
Conveyance (No.23) for a consideration equal to the amount of the 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 duty as on a Bond
(No.15) for the amount of the further charge secured by such instrument. |
|||||
|
33. GIFT--Instrument of, not being SETTLEMENT
(No.58) OR WILL OR TRANSFER (No.62). HIRING AGREEMENT or AGREEMENT FOR SERVICE. See
AGREEMENT (No.5). |
The same duty as is leviable
on a Conveyance (No.23) for a consideration equal to the value of the
property as set-forth in such
instrument. |
|||||
|
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 under-lease 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 consider-ation 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. |
|||||
|
(c) (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 consider-ation 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 ad valorem 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 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 ad valorem stamp required
for a lease and a lease in pursuance of such agree-ment is subsequently
executed the duty on such lease shall
not exceed four rupees. |
|||||
|
EXEMPTION Lease, executed in the case of a
cultivator and for the purposes of cultivation (including a lease of trees
for the production
of food or drink) without the payment or delivery of any
fine 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. |
|
|||||
|
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). |
Fifty
paisa. |
|||||
|
37. LETTER OF CREDIT, that is to say, any instrument by which one person
authorizes another to give credit to the person in whose favour it is drawn. LETTER OF GUARANTEE, See AGREEMENT (No.5). |
Fifty
paisa. |
|||||
|
38. LETTER OF LICENCE, that is to say, any agreement between a debtor 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 OF A COMPANY-- |
|
|||||
|
(a) if accompanied
by articles of association under section 35 of the Companies Act, 1913[36]; |
Seventy-five
rupees. |
|||||
|
(b) if not so
accompanied. |
Two
hundred rupees. |
|||||
|
EXEMPTION Memorandum
of any association not formed for profit and registered under section 26 of the
Companies Act, 1913. |
|
|||||
|
40. MORTGAGE-DEED
not being an AGREEMENT RELATING TO DEPOSIT OF
TITLE-DEEDS, PAWN OR PLEDGE (No.6), BOTTOMRY
BOND (No.16), MORTGAGE OF A CROP (No.41),
RESPONDENTIA BOND (No.56), OR SECURITY BOND (No.57)-- |
|
|||||
|
(a) when possession
of the property or any part of the property comprised in such deed is given
by the mortgagor or agreed to be given; |
The same duty as on a Conveyance (No.23) for a
consideration equal to the amount secured by such deed. |
|||||
|
(b) when possession
is not given or agreed to be given as aforesaid. |
The same duty as on a Bond (No.15) for the amount
secured by such deed. |
|||||
|
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. |
|
|||||
|
(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-- |
|
|||||
|
for
every sum secured not exceeding Rs.1,000; |
Ten
rupees. |
|||||
|
and
for every Rs.1,000 or part thereof secured in excess of Rs.1,000. |
Ten
rupees. |
|||||
|
EXEMPTION (1) Instruments,
executed by persons taking advances under the Land Improvement Loans Act,
1883[37],
or the [38][Punjab]
Agriculturists Loans Act, 1958[39]
or by their sureties as security for the repayment of such advances. (2) Letter
of hypothecation accompanying a 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 repayable not more than three months from the date of the
instrument-- |
|
|||||
|
for every sum secured not exceeding Rs.200; |
Twenty-five
paisa. |
|||||
|
and for every Rs.200 or part thereof secured in
excess of Rs.200; |
Twenty-five
paisa. |
|||||
|
(b) when the loan
is repayable more than three months, but not more than eighteen months, from
the date of the instrument-- |
|
|||||
|
for every sum secured not
exceeding Rs.100. |
Fifty
paisa. |
|||||
|
and for every Rs. 100 or part thereof secured in
excess of Rs.100. |
Fifty
paisa. |
|||||
|
42. NOTARIAL ACT, that is to say, any instrument, endorsement, note,
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). |
Four
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; |
Fifty paisa. |
|||||
|
(b) of any stock or
marketable security exceeding in value twenty rupees, not being a Government
Security. |
Twenty-five paisa for every Rs.5,000 or a part
thereof of the value of the stock or security. |
|||||
|
(c) of a Government security |
Twenty-five
paisa for every 10,000 rupees or part thereof 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). |
Four
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 other shares are separated: |
|||||
|
|
Provided always that-- |
|||||
|
|
(a) when
an instrument of partition contain-ing 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 parti-tion
shall be reduced by the amount
of duty paid in respect of the first
instru-ment 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 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 four rupees. |
|||||
|
46. PARTNERSHIP-- A--INSTRUMENT
OF-- |
|
|||||
|
(a) where the capital
of the partnership does not exceed Rs.500. |
Ten
rupees. |
|||||
|
(b) in any other case |
Fifty
rupees. |
|||||
|
B--DISSOLUTION
OF-- PAWN OR PLEDGE--See AGREEMENT RELATING TO DEPOSIT OF
TITLE-DEEDS, PAWN OR PLEDGE (No.6). |
Twenty-five
rupees. |
|||||
|
47. POLICY
OF INSURANCE-- A--See
INSURANCE (see section 7)-- |
If drawn
single |
If drawn in
duplicate for each part |
||||
|
(1) For
each voyage-- |
|
|
||||
|
(i) where the premium of 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. |
Ten paisa. |
Five paisa. |
||||
|
(ii) in any other case, in respect of every full sum of Rs.2,000 and
also any fractional part thereof insured by the policy. |
Ten paisa. |
Five paisa. |
||||
|
(2) For
time-- in respect of every full sum of
Rs.2,000 or part thereof insured by the policy-- |
|
|
||||
|
(i) where the insurance shall be made for any time not exceeding six
months; |
Thirty paisa. |
Fifteen paisa. |
||||
|
(ii) where the insurance shall be made for any time exceeding six
months and not exceeding twelve months. |
Sixty paisa. |
Thirty paisa. |
||||
|
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; |
Fifty paisa. |
|||||
|
(ii) in any other case and |
One rupee. |
|||||
|
(2) in respect of each receipt for any payment of a premium on any renewal of an original policy. |
One-half
of the duty payable in respect of the original policy in addition to the
amount, if any, chargeable under No.53. |
|||||
|
C--ACCIDENT AND SICKNESS INSURANCE-- |
|
|||||
|
(a) Against
railway accident, valid for a single journey only. |
Five
paisa. |
|||||
|
EXEMPTION When
issued to a passenger travelling by the intermediate or the third class in
any railway. |
|
|||||
|
(b) In any other case for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs.2,000 and also where such amount exceeds Rs.2,000, for every Rs.2,000 or part thereof. |
Twenty-five paisa: provided that, in case of a policy
of insurance against death by accident when the annual premium payable does
not exceed Rs.2.50 per Rs.1,000 the duty on such instrument shall be five
paisa for every Rs.1,000 or part thereof of 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 Workmen's Compensation Act, 1923[40],
for every Rs.100 or part thereof payable as premium. |
Five
paisa. |
|||||
|
E--LIFE INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY
PROVIDED FOR,
except such a RE-INSURANCE as is
described in Division of this article-- |
If drawn
singly |
If drawn in
duplicate, for each part |
||||
|
(i) for
every sum insured not exceeding Rs.250; |
Ten paisa. |
Five paisa. |
||||
|
(ii) for
every sum insured exceeding Rs.250 but not exceeding Rs.500; |
Twenty paisa. |
Ten paisa. |
||||
|
(iii) for
every sum insured exceeding Rs.500 but not exceeding Rs.1,000 and also for
every Rs.1,000 or part thereof in excess of Rs.1,000. |
Forty paisa. |
Twenty paisa |
||||
|
EXEMPTIONS Policies
of life insurance granted by the Director-General of Post Offices in
accordance with rules for Postal Life Insurance
issued under the authority of
the Central Government. |
|
|||||
|
F--RE-INSURANCE BY AN INSURANCE COMPANY WHICH HAS
GRANTED A POLICY OF THE NATURE SPECIFIED IN DIVISION A OR DIVISION B 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. |
One-half
of the duty payable in respect of the original insurance but not less than
five paisa or more than one rupee. |
|||||
|
GENERAL EXEMPTIONS 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 (21), 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; |
Two
rupees. |
|||||
|
(b) when
authorising one person or more to act in a single transaction other than the
case mentioned in clause (a); |
Five
rupees. |
|||||
|
(c) when
authorising not more than five persons to act jointly and severally in more
than one transaction or generally; |
Twenty-five
rupees. |
|||||
|
(d) when
authorising more than five but not more than ten persons to act jointly and
severally in more than one transaction or generally; |
Fifty
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 |
Five
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[41]. |
|
|||||
|
49. PROMISSORY NOTE as defined by section 2 (22)-- |
|
|||||
|
(a) when payable on demand-- |
|
|||||
|
(i) when the amount or value does not exceed Rs.250; |
Fifty
paisa. |
|||||
|
(ii) when the amount or value exceeds Rs.250 but does not exceed
Rs.1,000; |
One
rupee. |
|||||
|
(iii) when the amount or value exceeds Rs.1,000 but does not exceed
Rs.5,000; |
Five
rupees. |
|||||
|
(iv) in any other case |
Ten
rupees. |
|||||
|
(b) when payable
otherwise than on demand. |
The same duty as on a Bill of Exchange (No.13) for the
same amount payable otherwise than on demand. |
|||||
|
50. PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by
a Notary Public or other person lawfully acting as such, attesting the
dishonour
of a Bill of Exchange for promissory note. |
Four
rupees. |
|||||
|
51. PROTEST BY THE MASTER OF A SHIP, that is to say, any declaration of the particulars
of her voyage drawn up by him with a view to the adjustment of losses or the
calculation of averages, and every declaration in writing made by him against
the charterers or the consignees or not loading
or unloading the ship, such
declaration is attested or certified by a Notary Public or other person lawfully
acting as such. |
Four
rupees. |
|||||
|
See also NOTE OR 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 contribution to the funds of any institution. |
Twenty-five
paisa. |
|||||
|
53. RECEIPTS as defined by section 2 (23)
for any money or other property the amount or value of which exceeds twenty
rupees-- |
|
|||||
|
(a) where the
amount or value does not exceed one hundred rupees; |
Fifteen
paisa. |
|||||
|
(b) where
the amount or value exceeds one hundred rupees but does not exceed Rs.2,000; |
Forty
paisa. |
|||||
|
(c) where such
amount exceeds Rs.2,000. |
Eighty
paisa. |
|||||
|
EXEMPTIONS Receipts-- (a) endorsed
on or contained in any instrument duly stamped for 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 of annuity, or other periodical
payment thereby secured; (b) for
any payment of money without consideration; (c) for
any payment of rent by a cultivator on account of land assessed to Government
revenue; (d) for
pay or allowances by non-commissioned 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; |
|
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|
(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 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,
soldiers, sailors or airmen, and not serving the State in any other capacity; (g) given
by a headman or lambardar for land-revenue or taxes collected by him; (h) given for money or securities for money
deposited in the hands of any banker to be accounted for: Provided that the same is not expressed to be received
of, or by the hands of, any other than the person to whom the same is to
be
accounted for: 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)]. |
|
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|
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 set
forth in the re-conveyance. |
|||||
|
(b) in any other case |
Thirty
rupees. |
|||||
|
55. RELEASE, that is to say, any instrument (not being such a release as is
provided for by section 23-A) whereby a person renounces a claim
upon another
person or against any specified property-- |
|
|||||
|
(a) if the amount
or value of the claim does not exceed Rs.1,000; |
The
same duty as on a Bond (No. 15) for such amount or value as set forth in the
release. |
|
||||
|
(b) in any other case |
Thirty
rupees. |
|
||||
|
56. RESPONDENTIA BOND, that is to say, any instrument securing a loan on
the cargo laden or to be laden on board a ship and making repayment
contingent
on the arrival of the cargo at the port of destination. 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 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-- |
|
|
||||
|
(a) when the amount
secured does not exceed Rs. 1,000; |
The
same duty as on a Bond (No.15) for the amount secured. |
|
||||
|
(b) in any other
case EXEMPTIONS Bond or other instrument, when executed-- (a) 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; (b) under No. 3-A
of the rules made by the Provincial Government under section 70 of the Sind
Irrigation Act, 1879[42]; |
Thirty
rupees. |
|
||||
|
(c) executed
by persons taking advances under the Land Improvement, Loans Act, 1883[43], or
the [44][Punjab]
Agriculturists Loans Act, 1958[45],
or by their sureties as security for repayment of such advances; |
|
|
||||
|
(d) executed by servants
of the State or their securities 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
power)-- |
|
|
||||
|
(i) where the settlement is made for a religious charitable purpose; |
The same duty as on a Bond
(No.15) for a sum equal to the amount or value of the property settled. |
|
||||
|
(ii) in any other case |
The same duty as is leviable on a Conveyance (No.23)
for a consideration equal to the amount or value of the property settled: Provided
that, where an agreement to settle is stamped with the stamp required for an
instrument of settlement, and an instru-ment
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. |
|
||||
|
EXEMPTIONS Deed of dower executed on the occasion
of marriage between Muslims. |
|
|
||||
|
B--Revocation
of-- |
The same duty as is leviable on a Conveyance (No.23)
for a consider-ation equal to the amount or value of the property concerned,
as set forth in the instrument of Revo-cation but not exceeding fifty rupees. |
|
||||
|
See also
TRUST (No.64). |
|
|
||||
|
59. SHARE WARRANTS to bearer issued under the Companies Act, 1913[46]. |
One
and a half times the duty payable on a Debenture [No.27 (b)] for a
consideration equal to the nominal amount of the shares
specified in the
warrant. |
|||||
EXEMPTIONS Share warrant when issued by a company
in pursuance of the Companies Act, 1913[47],
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 half per centum 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 least is chargeable. |
|||||
|
(b) in
any other case EXEMPTION Surrender of lease, when such lease
exempted from duty. |
Thirty
rupees. |
|||||
|
62. TRANSFER (whether with or without consideration)-- |
|
|||||
|
(a) of shares in an incorporated company or
other body corporate; |
One-fourth of the duty
payable on a Conveyance (No.23) for a consideration equal to the value of the
share. |
|||||
|
(b) of debentures
being marketable securities whether the debenture is liable to duty or not
except debentures provided for by section
8; |
One-half of the duty payable
on a Conveyance (No.23) for a consideration equal to the face amount of the
debenture. |
|||||
|
(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 policy of insurance is
chargeable. |
|||||
|
(ii) in any other case |
Thirty
rupees. |
|||||
|
(d) of any
property under the Administrator-General's Act, 1913[48],
section 31; |
Thirty
rupees. |
|||||
|
(e) of any trust-property without consideration from one trustee to
another trustee or from a trustee to a beneficiary. EXEMPTIONS Transfers by endorsement-- (a) of
a bill of exchange, cheque or promissory note; (b) of a bill of lading, delivery order,
warrant for goods, or other mercantile document of title to goods; |
Twenty rupees or such smaller amount as may be
chargeable under clauses (a) to (c) of this Article. |
|||||
|
(c) of a policy of
insurance; (d) of securities of
the Central[49]
Government. See also
section 8-- |
|
|||||
|
63. TRANSFER OF LEASE by way of assignment and not by way of under-lease. |
The same duty as is leviable
on Conveyance (No.23) for a consideration equal to the amount of the
consideration for the transfer. |
|||||
|
EXEMPTION Transfer of any lease exempt from
duty. |
|
|||||
|
64. TRUST-- A. Declaration
of--of, or concerning any property when made by any writing not being a WILL. |
The
same duty as on a Bond (No.15) for a sum equal to the amount or value of the
property concerned as set forth in the instrument
but not exceeding thirty
rupees. |
|||||
|
B. Revocation
of--of, or concerning any property when made by any instrument other than a
WILL. |
The
same duty as on a Bond (No.15) for a sum equal to the amount of value of the
property concerned as set forth in the instrument
but not exceeding thirty
rupees. |
|||||
|
See also SETTLEMENT (No.58). VALUATION. See APPRAISEMENT (No.8). |
|
|||||
|
65. WARRANT FOR
GOODS, that is
to say, any instrument evidencing the title of any person therein named, or
his assigns, or the holder thereof, to the
property in any goods lying in or
upon any dock, warehouse or wharf, such instrument being signed or certified
by or on behalf
of the person in whose custody such goods may be. |
Two
rupees." |
|||||
[1]This Ordinance was
promulgated by the Administrator Martial Law, Zone 'A' on 28th June, 1969;
published in the West Pakistan Gazette
(Extraordinary), dated 30th June, 1969,
pages 1007-1050; saved by Article 281 of the Interim Constitution of the
Islamic Republic
of Pakistan (1972), and validated by the Validation of Laws
Act, 1975 (LXIII of 1975).
[2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West
Pakistan".
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Ibid.
[7]The words "Bannu, Dera Ismail
Khan, Hazara, Mardan, Kohat, Peshawar" deleted ibid.
[8]Now "Attock".
[9]Now bifurcated into "Lahore
and Kasur" Districts.
[10]Now "Faisalabad".
[11]Now bifurcated into "Multan
and Vehari" Districts.
[12]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West
Pakistan".
[13]Act XVII of 1967.
[14]The words "the North-West
Frontier Agricultural Income-Tax Act, 1948, and" deleted by the Punjab Laws
(Adaptation) Order, 1974 (Pb
A.O. 1 of 1974).
[15]Pb. Act XVI of 1951.
[16]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West
Pakistan".
[17]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West
Pakistan".
[18]Ibid.
[19]Ibid.
[20]Ibid.
[21]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West Pakistan".
[22]Ibid.
[23]XXXIX of 1925.
[24]V of 1873.
[25]VII of 1911.
[26]XXIX of 1952.
[27]XIV of 1932.
[28]VI of 1953.
[29]XIX of 1850.
[30]VII of 1913.
[31]XV of 1908.
[32]VII of 1870.
[33]In the original Schedule,
this Article was omitted by Act V of 1927. This Ordinance, while substituting
the original Schedule, has
left it as such.
[34]III of 1914.
[35]III of 1965.
[36]VII of 1913.
[37]XIX of 1883.
[38]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974), for "West Pakistan".
[39]W.P. Act XVII of 1958.
[40]VIII of 1923.
[41]XVI of 1908.
[42]Sind VII of 1879.
[43]XIX of 1883.
[44]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 1974), for "West
Pakistan".
[45]W.P. Act XVII of 1958.
[46]VII of 1913.
[47]Ibid.
[48]III of 1913.
[49]Now 'Federal', see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
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