THE STAMP ACT, 1899
(Act II of
1899)
C O N T E N T S
Section Heading
Chapter I
Preliminary
1. Short
title, extent and commencement.
2. Definitions.
Chapter II
Stamp-duties
A-Of the liability of instruments to duty
3. Instruments
chargeable with duty.
4. Several
instruments used in single transaction of sale, mortgage or settlement.
5. Instruments
relating to several distinct matters.
6. Instruments
coming within several descriptions in Schedule I.
7. Policies
of sea-insurance.
8. Bonds,
debentures or other securities, issued on loans under Act XI, 1879.
9. Power
to reduce, remit or compound duties.
9-A. Power of Provincial Government to exempt
certain instruments.
B-Of stamps and the mode of using them
10. Duties
how to be paid.
11. Use
of adhesive stamps.
12. Cancellation
of adhesive stamps.
13. Instruments
stamped with impressed stamps how to be written.
14. Only
one instrument to be on same stamp.
15. Instrument
written contrary to section 13 or 14 deemed unstamped.
16. Denoting
Duty.
C-Of the time of stamping Instruments
17. Instruments
executed in
18. Instruments other than bills and notes
executed out of
19. Bills
and notes drawn out of
D-Of valuations for duty
20. Conversion
of amount expressed in foreign currencies.
21. Stock
and marketable securities how to be valued.
22. Effect
of statement of rate of exchange or average price.
23. Instruments
reserving interest.
23-A. Certain
instruments connected with mortgages of marketable securities to be chargeable
as agreements.
24. How
transfer in consideration of debt, or subject to future payment, etc., to be
charged.
25. Valuation
in case of annuity, etc.
26. Stamp
where value of subject-matter is indeterminate.
27. Facts
affecting duty to be set forth in instrument.
27-A. Value
of immovable property.
28. Direction
as to duty in case of certain conveyances.
E-Duty by whom payable
29. Duties
by whom payable.
30. Obligation
to give receipt in certain cases.
Chapter III
Adjudication as to Stamps
31. Adjudication
as to proper stamp.
32. Certificate
by Collector.
Chapter IV
Instruments Not
Duly Stamped
33. Examination
and impounding of instruments.
34. Special
provision as to unstamped receipts.
35. Instruments
not duly stamped inadmissible in evidence, etc.
36. Admission
of instrument where not to be questioned.
37. Admission
of improperly stamped instruments.
38. Instruments
impounded how dealt with.
39. Collector’s
power to refund penalty paid under section 38, sub-section (1).
40. Collector’s
power to stamp instruments impounded.
41. Instruments
unduly stamped by accident.
42. Endorsement
of instruments on which duty has been paid under section 35, 40 or 41.
43. Prosecution
for offence against Stamp-law.
44. Persons
paying duty or penalty may recover same in certain cases.
45. Power
of Revenue Authority to refund penalty or excess duty in certain cases.
46. Non-liability
for loss of instruments sent under section 38.
47. Power
of payer to stamp bills and promissory notes received by him unstamped.
48. Recovery
of duties and penalties.
Chapter V
Allowances for
Stamps in Certain Cases
49. Allowance
for spoiled stamps.
50. Application
for relief under section 49 when to be made.
51. Allowance
in case of printed forms no longer required by Corporations.
52. Allowance
for misused stamps.
53. Allowance
for spoiled or misused stamps how to be made.
54. Allowance
for stamps not required for use.
55. Allowance
on renewal of certain debentures.
Chapter VI
Reference and
Revision
56. Control of,
and statement of case to, Chief Revenue Authority.
57. Statement
of case by Chief Revenue Authority to High Court.
58. Power
of High Court to call for further particulars as to case stated.
59. Procedure
in disposing of case stated.
60. Statement
of case by other Courts to High Court.
61. Revision
of certain decisions of Courts regarding the sufficiency of stamps.
Chapter VII
Criminal
Offences and Procedure
62. Penalty
for executing, etc., instrument not duly stamped.
63. Penalty
for failure to cancel adhesive stamp.
64. Penalty
for omission to comply with provisions of section 27.
65. Penalty
for refusal to give receipt, and for devices to evade duty on receipts.
66. Penalty
for not making out policy, or making one not duly stamped.
67. Penalty
for not drawing full number of bills or marine policies purporting to be in
sets.
68. Penalty
for post-dating bills, and for other devices to defraud the revenue.
69. Penalty
for breach of rule relating to sale of stamps and for unauthorised sale.
70. Institution
and conduct of prosecutions.
71. Jurisdiction
of Magistrates.
72. Place
of trial.
Chapter VIII
Supplemental
Provisions
73. Books,
etc., to be open to inspection.
74. Power
to make rules relating to sale of stamps.
75. Power
to make rules generally to carry out Act.
76. Publication
of rules.
76-A. Delegation
of certain powers.
77. Savings
as to court-fees.
78. Act
to be translated and sold cheaply.
79. [Repealed].
Schedule-I
Stamp-Duty on Instruments
Schedule II
[Repealed]
[1]THE STAMP ACT, 1899
(Act II of
1899)
[27 January 1899]
An Act to
consolidate and amend the law relating to Stamps
WHEREAS it
is expedient to consolidate and amend the law relating to stamps;
It is
hereby enacted as follows:-
Chapter I
Preliminary
1. Short title, extent and commencement.– (1) This Act may be called
the [2][* * *] Stamp Act, 1899.
[3][(2) It extends to the whole of
(3) It shall come into
force on the first day of July, 1899.
2. Definitions.– In this Act, unless there
is something repugnant in the subject or context,–
(1) “banker”
includes a bank and any person acting as a banker;
(2) “bill of exchange” means a bill of
exchange as defined by the Negotiable Instruments Act, 1881, and includes also
a hundi, and any other document entitling or purporting to entitle any person,
whether named therein or not, to payment by any other person of, or to draw
upon any other person for, any sum of money;
(3) “bill
of exchange payable on demand” includes–
(a) an order for the payment of any sum of money
by a bill of exchange or promissory note, or for the delivery of any bill of
exchange or promissory note in satisfaction of any sum of money, or for the
payment of any sum of money, out of any particular fund which may or may not be
available, or upon any condition or contingency which may or may not be
performed or happen;
(b) an order for the payment of any sum of money
weekly, monthly or at any other stated periods; and
(c) a letter of credit, that is to say, any
instrument by which one person authorises another to give credit to the person
in whose favour it is drawn;
(4) “bill
of lading” includes a “through bill of lading”, but does not include a
mate’s receipt;
(5) “bond”
includes–
(a) any instrument whereby a person obliges
himself to pay money to another, on condition that the obligation shall be void
if a specified act is performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or
bearer, whereby a person obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person
obliges himself to deliver grain or other agricultural produce to another;
(6) “chargeable” means, as applied to an
instrument executed or first executed after the commencement of this Act,
chargeable under this Act and, as applied to any other instrument, chargeable
under the law in force in [4][Pakistan]
when such instrument was executed, or where several persons executed the
instrument at different times, first executed;
(7) “cheque” means a bill of exchange drawn
on a specified banker and not expressed to be payable otherwise than on demand;
(8) [5][* * * * * * * * * * * *]
[6][(9) “Collector”
means the Collector of a District appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an officer authorized by the Government to exercise
the powers of the Collector;]
[7][(9A) “Commissioner”
means a Commissioner of a Division appointed under the Punjab Land Revenue Act,
1967 (XVII of 1967) and includes an Additional Commissioner;]
(10) “conveyance”
includes a conveyance on sale and every instrument by which property, whether
movable or immovable, is transferred inter
vivos and which is not otherwise specifically provided for by Schedule I;
(11) “duly stamped”, as applied to an
instrument, means that the instrument bears an adhesive or impressed stamp of
not less than the proper amount and that such stamp has been affixed or used in
accordance with the law for the time being in force in [8][Pakistan];
(12) “executed”
and “execution”, used with reference
to instruments, mean “signed” and “signature”;
(12-A) [9][* * * * * * * * * * * *]
(13) “impressed
stamp” includes–
(a) labels
affixed and impressed by the proper officer, and
(b) stamps
embossed or engraved on stamped paper;
(14) “instrument”
includes every document by which any right or liability is, or purports to be,
created, transferred, limited, extended, extinguished or recorded;
(15) “instrument
of partition” means any instrument whereby co-owners of any property divide
or agree to divide such property in severalty, and includes also a final order
for effecting a partition passed by any Revenue-authority or any Civil Court
and an award by an arbitrator directing a partition;
(16) “lease”
means a lease of immovable property, and includes also–
(a) a patta;
(b) a kabuliyat
or other undertaking in writing, not being a counter-part of a lease, to
cultivate, occupy or pay or deliver rent for, immovable property;
(c) any instrument by which tolls of any
description are let;
(d) any writing on an application for a lease
intended to signify that the application is granted;
[10][(16-A) “marketable
security” means a security of such a description as to be capable of being
sold in any stock market in [11][
(17) “mortgage-deed” includes every
instrument whereby for the purpose of securing money advanced, or to be
advanced, by way of loan, or an existing or future debt, or the performance of
an engagement, one person transfers, or creates, to, or in favour of, another,
a right over or in respect of specified property;
(18) “paper”
includes vellum, parchment or any other material on which an instrument may
be written;
(19) “policy
of insurance” includes–
(a) any instrument by which one person, in
consideration of a premium, engages to indemnify another against loss, damage
or liability arising from an unknown or contingent event;
(b) a
life-policy, and any policy insuring any person against accident or sickness,
and any other personal insurance [12][* * *;
(c) * * * * * *
* * * * *]
(20) “policy
of sea-insurance” or “sea-policy”–
(a) means any
insurance made upon any ship or vessel (whether for marine or inland
navigation), or upon the machinery, tackle or furniture of any ship or vessel, or
upon any goods, merchandise or property of any description whatever on board of
any ship or vessel, or upon the freight of, or any other interest which may be
lawfully insured in, or relating to, any ship or vessel; and
(b) includes any insurance of goods, merchandise
or property for any transit which includes not only sea risk within the meaning
of clause (a), but also any other risk incidental to the transit insured from
the commencement of the transit to the ultimate destination covered by the insurance;
Where
any person, in consideration of any sum of money paid or to be paid for
additional freight or otherwise, agrees to take upon himself any risk attending
goods, merchandise or property of any description whatever while on board of
any ship or vessel, or engages to indemnify the owner of any such goods,
merchandise or property from any risk, loss or damage, such agreement or
engagement shall be deemed to be a contract for sea-insurance;
(21) “power-of-attorney”
includes any instrument (not chargeable with a fee under the law relating to
court-fees for the time being in force) empowering a specified person to act
for and in the name of the person executing it;
(22) “promissory note” means a promissory
note as defined by the Negotiable Instruments Act, 1881[13]; it
also includes a note promising the payment of any sum of money out of any
particular fund which may or may not be available, or upon any condition or
contingency which may or may not be performed or happen;
[14][(22-A) “Public
Office” includes a Government Office, a People’s Local Council, a Local
Authority, a Statutory Corporation or a similar body set up by the [15]Central
or Provincial Government, commercial or industrial concern whether singly owned
or run through partnership having more than twenty employees, a body registered
under the Companies Act, 1913, and a Co-operative Society;
(22-B) “Public Officer” includes an Officer-in-charge of a Public Office];
(23) “receipt”
includes any note, memorandum or writing–
(a) whereby any money, or any bill of exchange, cheque or promissory
note is acknowledged to have been received, or
(b) whereby any other movable property is
acknowledged to have been received in satisfaction of a debt, or
(c) whereby any debt or demand, or any part of a
debt or demand, is acknowledged to have been satisfied or discharged, or
(d) which signifies or imports any such
acknowledgment, and whether the same is or is not signed with the name of any
person; [16][* * *]
(24) “settlement”
means any non-testamentary disposition, in writing, of movable or immovable
property made–
(a) in consideration of marriage,
(b) for the purpose of distributing property of
the settler among his family or those for whom he desires to provide, or for
the purpose of providing for some person dependent on him, or
(c) for any religious or charitable purpose;
and includes an agreement in writing to make such a
disposition [17][and, where any such
disposition has not been made in writing, any instrument recording, whether by
way of declaration of trust or otherwise, the terms of any such disposition]; [18][and
(25) “soldier”
includes any person below the rank of non-commissioned officer who is enrolled
under the Indian Army Act, 1911 [19][or the Pakistan Army Act,
1952].]
Chapter II
Stamp-duties
A-Of the
liability of instruments to duty
3. Instruments chargeable with duty.– Subject to the provisions
of this Act and the exemptions contained in Schedule I, the following
instruments shall be chargeable with duty of the amount indicated in that
schedule as the proper duty therefor respectively, that is to say–
(a) every instrument mentioned in that Schedule which, not having been
previously executed by any person, is executed in [20][
(b) every bill of exchange [21][payable
otherwise than on demand] [22][* * *]
or promissory note drawn or made out of [23][
(c) every instrument (other than a bill of
exchange [25][* * *]
or promissory note) mentioned in that Schedule, which, not having been
previously executed by any person, is executed out of [26][Pakistan]
on or after that day, relates to any property situate, or to any matter or
thing done or to be done, in [27][Pakistan]
and is received in [28][Pakistan]:
Provided
that no duty shall be chargeable in respect of–
(1) any
instrument executed by, or on behalf of, or in favour of, the [29][Government] in cases where,
but for this exemption, the [30][Government] would be liable
to pay the duty chargeable in respect of such instrument;
(2) any instrument for the sale, transfer or other
disposition, either absolutely or by way of mortgage or otherwise, of any ship
or vessel, or any part, interest, share or property of or in any ship or vessel
registered under the Merchant Shipping Act, 1894 or under Act XIX of 1838[31], or
the Registration of Ships Act, 1841[32], as
amended by subsequent Acts.
4. Several instruments used in single
transaction of sale, mortgage or settlement.– [33][(1)
Where, in the case of any sale, mortgage or settlement, several instruments are
employed for completing the transaction, the principal instrument only shall be
chargeable with the duty prescribed in Schedule I, for the conveyance, mortgage
or settlement, and each of the other instruments shall be chargeable with a
duty of four rupees instead of the duty (if any) prescribed for it in that
Schedule].
(2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument:
Provided
that the duty chargeable on the instrument so determined shall be the highest
duty which would be chargeable in respect of any of the said instruments
employed.
5. Instruments relating to
several distinct matters.– Any instrument comprising or relating to several
distinct matters shall be chargeable with the aggregate amount of the duties
with which separate instruments, each comprising or relating to one of such
matters, would be chargeable under this Act.
6. Instruments coming within
several descriptions in Schedule I.– Subject to the provisions of
the last preceding section, an instrument so framed as to come within two or
more of the descriptions in Schedule I, shall, where the duties chargeable
thereunder are different, be chargeable only with the highest of such duties:
[34][Provided
that nothing contained in this Act shall render chargeable with duty exceeding
four rupees a counterpart or duplicate of any instrument chargeable with duty
and in respect of which the proper duty has been paid].
7. Policies of sea-insurance.– (1) No
contract for sea-insurance (other than such insurance as is referred to in
section 506 of the Merchant Shipping Act, 1894) shall be valid unless the same
is expressed in a sea-policy.
(2) No sea-policy made for time shall be made for
any time exceeding twelve months.
(3) No sea-policy shall be valid unless it specifies
the particular risk or adventure, or the time, for which it is made, the names
of the subscribers or under-writers, and the amount or amounts insured.
(4) Where any sea-insurance is made for or upon a
voyage and also for time, or to extend to or cover any time beyond thirty days
after the ship shall have arrived at her destination and been there moored at
anchor, the policy shall be charged with duty as a policy for or upon a voyage,
and also with duty as a policy for time.
8. Bonds, debentures or other
securities, issued on loans under Act XI, 1879.– (1)
Notwithstanding anything in this Act, any local authority raising a loan under
the provisions of the Local Authorities Loan Act, 1879[35], or of
any other law for the time being in force, by the issue of bonds, debentures or
other securities, shall, in respect of such loan, be chargeable with a duty of [36][one
per centum] on the total amount of the bonds, debentures or other securities
issued by it, and such bonds, debentures or other securities need not be
stamped, and shall not be chargeable with any further duty on renewal,
consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not:
Provided
that nothing herein contained shall exempt the local authority which has issued
such bonds, debentures or other securities from the duty chargeable in respect
thereof prior to the twenty-sixth day of March, 1897, when such duty has not
already been paid or remitted by order issued by the [37][Federal Government].
(3) In the case of wilful neglect to pay the duty
required by this section, the local authority shall be liable to forfeit to the
[38][Provincial] Government a
sum equal to ten per centum upon the amount of duty payable, and a like penalty
for every month after the first month during which the neglect continues.
9. Power to reduce, remit or
compound duties.– [39][The
Provincial Government] may, by rule or order published in the [40][Official
Gazette]–
(a) reduce or remit, whether prospectively or
retrospectively, in the whole or any part of [41][the
territories under its administration], the duties with which any instruments or
any particular class of instruments, or any of the instruments belonging to
such class, or any instruments when executed by or in favour of any particular
class of persons, or by or in favour of any members of such class, are
chargeable, and
(b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of debentures, bonds or other marketable securities.
[42][9-A. Power
of Provincial Government to exempt certain instruments.– The
Provincial Government may by [43][notification
in] the official Gazette, generally exempt from payment of the whole or any
part of the duties on any instrument executed by or in favour of a banking
company in the normal course of its banking business.
Explanation– For
the purpose of this Section, “Banking Company” shall have the same meaning as
in the Banking Tribunals Ordinance, 1984[44]].
B-Of stamps and the mode of using them
10. Duties
how to be paid.– (1) Except as otherwise expressly provided in
this Act, all duties with which any instruments are chargeable shall be paid, and
such payment shall be indicated on such instruments, by means of stamps–
(a) according to the provisions herein contained,
or
(b) when no such provision is applicable thereto,
as the [45][Provincial Government] may
by rules direct.
(2) The rules[46] made under sub-section (1)
may, among other matters, regulate,–
(a) in the case of each kind of instrument–the
description of stamps which may be used;
(b) in the case of instruments stamped with
impressed stamps–the number of stamps which may be used;
(c) in the case of bills of exchange or promissory
notes written in any Oriental language–the size of the paper on which they are
written.
11. Use of adhesive stamps.– The following instruments
may be stamped with adhesive stamps, namely:-
(a) instruments chargeable with [47][a duty not exceeding
twenty-five paisa], except parts of bills of exchange payable otherwise than on
demand and drawn in sets;
(b) bills of exchange, [48][* * *] and promissory notes
drawn or made out of [49][
(c) entry as an advocate, vakil or attorney on the roll of a High Court;
(d) notarial acts; and
(e) transfers by endorsement of shares in any
incorporated company or other body corporate.
12. Cancellation of adhesive
stamps.– (1)
(a) Whoever affixes any adhesive stamp to any instrument chargeable with duty
which has been executed by any person shall, when affixing such stamp, cancel
the same so that it cannot be used again; and
(b) whoever
executes any instrument on any paper bearing an adhesive stamp shall, at the
time of execution, unless such stamp has been already cancelled in manner
aforesaid, cancel the same so that it cannot be used again.
(2) Any instrument bearing an adhesive stamp which
has not been cancelled so that it cannot be used again, shall, so far as such
stamp is concerned, be deemed to be unstamped.
(3) The person required by sub-section (1) to
cancel an adhesive stamp may cancel it by writing on or across the stamp his
name or initials or the name or initials of his firm with the true date of his
so writing, or in any other effectual manner.
13. Instruments stamped with
impressed stamps how to be written.– Every instrument written upon paper stamped with an
impressed stamp shall be written in such manner that the stamp may appear on
the face of the instrument and cannot be used for or applied to any other
instrument.
14. Only
one instrument to be on same stamp.– No second instrument
chargeable with duty shall be written upon a piece of stamped paper upon which
an instrument chargeable with duty has already been written:
Provided
that nothing in this section shall prevent any endorsement which is duly
stamped or is not chargeable with duty being made upon any instrument for the
purpose of transferring any right created or evidenced thereby or of acknowledging
the receipt of any money or goods the payment or delivery of which is secured
thereby.
15. Instrument written contrary
to section 13 or 14 deemed unstamped.– Every instrument written in contravention of section
13 or section 14 shall be deemed to be unstamped.
16. Denoting
duty.– Where the duty with which an instrument is chargeable,
or its exemption from duty, depends in any manner upon the duty actually paid
in respect of another instrument, the payment of such last mentioned duty
shall, if application is made in writing to the Collector for that purpose, and
on production of both the instruments, be denoted upon such first mentioned
instrument, by endorsement under the hand of the Collector or in such other
manner (if any) as the [50][Provincial
Government] may by rule prescribe.
C-Of the time of stamping Instruments
17. Instruments executed in
Pakistan.–
All instruments chargeable with duty and executed by any person in [51][
18. Instruments
other than bills and notes executed out of [52][Pakistan].– (1) Every instrument
chargeable with duty executed only out of [53][Pakistan],
and not being a bill of exchange, [54][* * *]
or promissory note, may be stamped within three months after it has been first
received in [55][Pakistan].
(2) Where any such instrument cannot, with
reference to the description of stamp prescribed therefor, be duly stamped by a
private person, it may be taken within the said period of three months to the
Collector, who shall stamp the same, in such manner as the [56][Provincial Government] may
by rule prescribe, with a stamp of such value as the person so taking such
instrument may require and pay for.
19. Bills and notes drawn out of
Pakistan.–
The first holder in [57][Pakistan] of any bill of
exchange, [58][payable otherwise than on
demand] [59][* * *] or promissory note
drawn or made out of [60][Pakistan] shall, before he
presents the same for acceptance or payment, or endorses, transfers or otherwise
negotiates the same in [61][Pakistan], affix thereto
the proper stamp and cancel the same:
Provided
that,–
(a) if, at the time any such bill of exchange, [62][* * *] or note comes into
the hands of any holder thereof in [63][Pakistan], the proper adhesive
stamp is affixed thereto and cancelled in manner prescribed by section 12, and
such holder has no reason to believe that such stamp was affixed or cancelled
otherwise than by the person and at the time required by this Act, such stamp
shall, so far as relates to such holder, be deemed to have been duly affixed
and cancelled;
(b) nothing contained in this proviso shall
relieve any person from any penalty incurred by him for omitting to affix or
cancel a stamp.
D-Of valuations for duty
20. Conversion
of amount expressed in foreign currencies.– (1) Where an instrument
is chargeable with ad valorem duty in
respect of any money expressed in any currency other than that of [64][Pakistan],
such duty shall be calculated on the value of such money in the currency of [65][Pakistan]
according to the current rate of exchange on the day of the date of the
instrument.
(2) The [66][Federal
Government] may, from time to time, by notification in the [67][Official
Gazette], prescribe[68] a rate
of exchange for the conversion of British or any foreign currency into the
currency of [69][Pakistan]
for the purposes of calculating stamp-duty, and such rate shall be deemed to be
the current rate for the purposes of sub-section (1).
21. Stock and marketable
securities how to be valued.– Where an instrument is chargeable with ad valorem duty in respect of any stock
or of any marketable or other security, such duty shall be calculated on the
value of such stock or security according to the average price or the value
thereof on the day of the date of the instrument.
22. Effect
of statement of rate of exchange or average price.– Where
an instrument contains a statement of current rate of exchange, or average
price, as the case may require, and is stamped in accordance with such
statement, it shall, so far as regards the subject-matter of such statement, be
presumed, until the contrary is proved, to be duly stamped.
23. Instruments reserving
interest.–
Where interest is expressly made payable by the terms of an instrument, such instrument
shall not be chargeable with duty higher than that with which it would have
been chargeable had no mention of interest been made therein.
[70][23-A. Certain instruments
connected with mortgages of marketable securities to be chargeable as agreements.– (1) Where an instrument
(not being a promissory note or bill of exchange)–
(a) is given upon the occasion of the deposit of
any marketable security by way of security for money advanced or to be advanced
by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped
transfer, intended as a security, of any marketable security,
it shall be chargeable with
duty as if it were an agreement or memorandum of an agreement chargeable with
duty under [71][Article
No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument
shall only be chargeable with the like duty].
24. How transfer in
consideration of debt, or subject to future payment, etc., to be charged.– Where any property is
transferred to any person in consideration, wholly or in part, of any debt due
to him, or subject either certainly or contingently to the payment or transfer
of any money or stock, whether being or constituting a charge or encumbrance
upon the property or not, such debt, money or stock is to be deemed the whole
or part, as the case may be, of the consideration in respect whereof the
transfer is chargeable with ad valorem duty:
Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule I.
Explanation– In the case of a sale of
property subject to a mortgage or other encumbrance, any unpaid mortgage-money
or money charged, together with the interest (if any) due on the same, shall be
deemed to be part of the consideration for the sale:
Provided
that, where property subject to a mortgage is transferred to the mortgagee, he
shall be entitled to deduct from the duty payable on the transfer the amount of
any duty already paid in respect of the mortgage.
Illustrations
(1) A
owes B Rs. 1,000. A sells a property to B, the consideration being Rs.500 and
the release of the previous debt of Rs.1,000 Stamp-duty is payable on Rs.1,500.
(2) A sells a property to B for Rs.500 which is subject to a mortgage to C for Rs.1,000 and unpaid interest Rs.200. Stamp-duty is payable on Rs.1,700.
(3) A mortgages a house of the value of Rs.10,000 to B for Rs.5,000. B afterwards buys the house from A. Stamp-duty is payable on Rs.10,000 less the amount of stamp-duty already paid for the mortgage.
25. Valuation in case of
annuity, etc.–
Where an instrument is executed to secure the payment of an annuity or other
sum payable periodically, or where the consideration for a conveyance is an
annuity or other sum payable periodically, the amount secured by such
instrument or the consideration for such conveyance, as the case may be, shall,
for the purposes of this Act, be deemed to be,–
(a) where the sum is payable for a definite
period so that the total amount to be paid can be previously ascertained–such
total amount;
(b) where the sum is payable in perpetuity or for
an indefinite time not terminable with any life in being at the date of such
instrument or conveyance–the total amount which, according to the terms of such
instrument or conveyance, will or may be payable during the period of twenty
years calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance–the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.
26. Stamp where value of
subject-matter is indeterminate.– Where the amount or value of the subject-matter of any
instrument chargeable with ad valorem duty
cannot be, or (in the case of an instrument executed before the commencement of
this Act) could not have been, ascertained at the date of its execution or
first execution, nothing shall be claimable under such instrument more than the
highest amount or value for which, if stated in an instrument of the same
description, the stamp actually used would, at the date of such execution have
been sufficient:
[72][Provided that, in the case
of the lease of a mine in which royalty or a share of the produce is received
as the rent or part of the rent, it shall be sufficient to have estimated such
royalty or the value of such share, for the purpose of stamp-duty,–
(a) when the lease has been granted by or on
behalf of [73][the
Government], at such amount or value as the Collector may, having regard to all
the circumstances of the case, have estimated as likely to be payable by way of
royalty or share to [74][the
Government] under the lease, or,
(b) when the lease has been granted by any other person, at twenty thousand rupees a year;
and the whole amount of such royalty or share,
whatever it may be, shall be claimable under such lease].
Provided also that, where proceedings have been taken in
respect of an instrument under section 31 or 41, the amount certified by the
Collector shall be deemed to be the stamp actually used at the date of
execution.
27. Facts affecting duty to be set forth in
instrument.–
The consideration (if any) and all other facts and circumstances affecting the
chargeability of any instrument with duty, or the amount of the duty with which
it is chargeable, shall be fully and truly set forth therein.
[75][27-A. Value of immovable
property.– (1) Where any instrument chargeable with ad valorem duty under Articles 23, 31 or 33 of Schedule I, relates
to an immovable property, the value of the immovable property shall be
calculated according to the valuation table notified by the District Collector
in respect of immovable property situated in the locality.
(2) Where an instrument,
mentioned in sub-section (1), relates to an immovable property consisting of
land and structure, it shall state the value of the land or structure
separately and the value of the structure stated in the instrument shall,
subject to the provision of this Act, be accepted.
(3) Where the value of immovable property stated
in an instrument to which sub-section (1) applies is more than the value fixed
according to the valuation table, the value declared in the instrument shall be
accepted as value for the purposes of stamp duty.
(4) Where the value given in the valuation table
notified under sub-section (1), when applied to any immovable property, appears
to be excessive, the [76][Commissioner] or any other person
notified by the Government may, on application made to him by the aggrieved
person, determine its correct value and for that purpose the provisions of
sections 31 and 32 shall apply as nearly as possible.]
28. Direction as to duty in case of
certain conveyances.– (1) Where any property has been contracted to be
sold for one consideration for the whole, and is conveyed to the purchaser in
separate parts by different instruments, the consideration shall be apportioned
in such manner as the parties think fit, provided that a distinct consideration
for each separate part is set forth in the conveyance relating thereto, and
such conveyance shall be chargeable with ad
valorem duty in respect of such distinct consideration.
(2) Where property contracted to be purchased for
one consideration for the whole, by two or more persons jointly, or by any
person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased, for
distinct parts of the consideration, the conveyance of each separate part shall
be chargeable with ad valorem duty in
respect of the distinct part of the consideration therein specified.
(3) Where a person, having contracted for the
purchase of any property but not having obtained a conveyance thereof,
contracts to sell the same to any other person and the property is in
consequence conveyed immediately to the sub-purchaser, the conveyance shall be
chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the
sub-purchaser.
(4) Where a person,
having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any
other person or persons and the property is in consequence conveyed by the
original seller to different persons in parts, the conveyance of each part sold
to a sub-purchaser shall be chargeable with ad
valorem duty in respect only of the consideration paid by such sub-purchaser,
without regard to the amount or value of the original consideration, and the
conveyance of the residue (if any) of such property to the original purchaser
shall be chargeable with ad valorem duty
in respect only of the excess of the original consideration over the aggregate
of the consideration paid by the sub-purchasers:
Provided
that the duty on such last-mentioned conveyance shall in no case be less than
one rupee.
(5) Where a sub-purchaser
takes an actual conveyance of the interest of the person immediately selling to
him, which is chargeable with ad valorem
duty in respect of the consideration paid by him and is duly stamped
accordingly, any conveyance to be afterwards made to him of the same property
by the original seller shall be chargeable with a duty equal to that which
would be chargeable on a conveyance for the consideration obtained by such
original seller, or, where such duty would exceed five rupees, with a duty of
five rupees.
E-Duty by whom payable
29. Duties
by whom payable.– In the absence of an agreement to the contrary,
the expense of providing the proper stamp shall be borne,–
(a) in the case of any instrument described in any
of the following Articles of Schedule I, namely:-
No.2. (Administration Bond),
[77][No.6. (Agreement relating to Deposit of
Title-deeds, Pawn or Pledge],
No.13. (Bill of Exchange),
No.15. (Bond),
No.16. (Bottomery Bonds),
No.26. (Customs Bond),
No.27. (Debenture),
No.32. (Further Charge),
No.34. (Indemnity-Bond),
No.40. (Mortgage-Deed),
No.49. (Promissory-Note),
No.55. (Release),
No.56. (Respondentia Bond),
No.57. (Security Bond of Mortgage-Deed),
No.58. (Settlement),
No.62. (a) (Transfer
of shares in an incorporated company or other body corporate),
No.62. (b) (Transfer of Debentures, being marketable
securities, whether the debenture is liable to duty or not, except debentures
provided for by section 8),
No.62. (c) (Transfer
of any interest secured by a bond, mortgage-deed or policy of insurance),–
by the person drawing, making or executing such
instrument:
[78][(b) in the case of a policy of insurance other than fire-insurance–by
the person effecting the insurance:
(bb) in the case of a policy of fire-insurance–by
the person issuing the policy];
(c) in the case of a conveyance (including a
re-conveyance of mortgaged property) by the grantee [79][and grantor in equal
shares] in the case of a lease or agreement to lease–by the lessee or intended
lessee:
(d) in the case of a counterpart of a lease–by the
lessor:
(e) in the case of
an instrument of exchange–by the parties in equal shares:
(f) in the case of a certificate of sale–by the
purchaser of the property to which such certificate relates; and,
(g) in the case of an instrument of partition–by
the parties thereto in proportion to their respective shares in the whole
property partitioned, or, when the partition is made in execution of an order
passed by a Revenue-authority or
30. Obligation to give receipt
in certain cases.– Any person receiving any money exceeding twenty rupees in amount, or
any bill of exchange, cheque or promissory note for an amount exceeding twenty
rupees, or receiving in satisfaction or part satisfaction of a debt any movable
property exceeding twenty rupees in value, shall, on demand by the person
paying or delivering such money, bill, cheque, note or property, give a duly
stamped receipt for the same.
[80][Any person receiving or
taking credit for any premium or consideration for any renewal of any contract
of fire-insurance, shall, within one month after receiving or taking credit for
such premium or consideration, give a duly stamped receipt for the same].
Chapter III
Adjudication as to Stamps
31. Adjudication
as to proper stamp.– (1) When any instrument, whether executed or not
and whether previously stamped or not, is brought to the Collector, and the
person bringing it applies to have the opinion of that officer as to the duty
(if any) with which it is chargeable, and pays a fee of such amount (not
exceeding five rupees) and not less than [81][fifty
paisa] as the Collector may in each case direct, the Collector shall determine
the duty (if any) with which, in his judgment, the instrument is chargeable.
(2) For this purpose the Collector may require to
be furnished with an abstract of the instrument, and also with such affidavit
or other evidence as he may deem necessary to prove that all the facts and
circumstances affecting the chargeability of the instrument with duty, or the
amount of the duty with which it is chargeable, are fully and truly set forth
therein, and may refuse to proceed upon any such application until such
abstract and evidence have been furnished accordingly:
Provided
that–
(a) no evidence furnished in pursuance of this section shall be used
against any person in any civil proceeding, except in an enquiry as to the duty
with which the instrument to which it relates is chargeable; and
(b) every person by whom any such evidence is
furnished shall, on payment of the full duty with which the instrument to which
it relates is chargeable, be relieved from any penalty which he may have incurred
under this Act by reason of the omission to state truly in such instrument any
of the facts or circumstances aforesaid.
32. Certificate by Collector.– (1) When an instrument
brought to the Collector under section 31, is, in his opinion, one of a description
chargeable with duty, and–
(a) the Collector determines that it is already
fully stamped, or
(b) the duty determined by the Collector under
section 31, or such a sum as, with the duty already paid in respect of the
instrument, is equal to the duty so determined, has been paid,[82]
the Collector shall certify by endorsement on such
instrument that the full duty (stating the amount) with which it is chargeable
has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable.
(3) Any instrument upon which an endorsement has
been made under this section, shall be deemed to be duly stamped or not
chargeable with duty, as the case may be; and, if chargeable with duty, shall
be receivable in evidence or otherwise, and may be acted upon and registered as
if it had been originally duly stamped:
Provided that nothing in this section shall authorise the
Collector to endorse–
(a) any instrument executed or first executed in [83][
(b) any instrument executed or first executed out of [84][Pakistan] and brought to
him after the expiration of three months after it has been first received in [85][Pakistan]; or
(c) any instrument chargeable with [86][a duty
not exceeding twenty-five paisa] or any bill of exchange or promissory note,
when brought to him, after the drawing or execution thereof, on paper not duly
stamped.
Chapter IV
Instruments not Duly Stamped
33. Examination and impounding
of instruments.– (1) Every person having by law or consent of parties authority to
receive evidence, and every person in charge of a public office, except an
officer of police, before whom any instrument, chargeable in his opinion, with
duty, is produced or comes in the performance of his functions, shall, if it
appears to him that such instrument is not duly stamped, impound the same.
(2) For that purpose
every such person shall examine every instrument so chargeable and so produced
or coming before him, in order to ascertain whether it is stamped with a stamp
of the value and description required by the law in force in [87][
Provided
that–
(a) nothing herein contained shall be deemed to require any Magistrate
or Judge of a Criminal Court to examine or impound, if he does not think fit so
to do, any instrument coming before him in the course of any proceeding other
than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal
Procedure, 1898[88];
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf.
(3) For the purposes of this section, in cases of
doubt,–
(a) [89][the Provincial Government]
may determine[90] what offices shall be deemed
to be public offices; and
(b) [91][the Provincial Government]
may determine who shall be deemed to be persons in charge of public offices.
34. Special
provision as to unstamped receipts.– Where any receipt chargeable
with a duty [92][not
exceeding twenty-five paisa] is tendered to or produced before any officer
unstamped in the course of the audit of any public account, such officer may,
in his discretion, instead of impounding the instrument, require a duly stamped
receipt to be substituted therefor.
35. Instruments not duly stamped
inadmissible in evidence, etc.– No instrument chargeable with duty shall be admitted in
evidence for any purpose by any person having by law or consent of parties
authority to receive evidence, or shall be acted upon, registered or
authenticated by any such person or by any public officer, unless such
instrument is duly stamped.
Provided
that–
[93](a) any such instrument not being an instrument chargeable with a duty [94][not exceeding twenty-five
paisa] only, or a bill of exchange or promissory note, shall, subject to all
just exceptions, be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of an instrument insufficiently stamped, of
the amount required to make up such duty, together with a penalty of
five-rupees, or, when ten times the amount of the proper duty or deficient
portion thereof exceeds five rupees, of a sum equal to ten times such duty or
portion;
(b) where
any person from whom a stamped receipt could have been demanded, has given an
unstamped receipt and such receipt, if stamped, would be admissible in evidence
against him, then such receipt shall be admitted in evidence against him on
payment of a penalty of one rupee by the person tendering it;
(c) where a contract or agreement of any kind is
effected by correspondence consisting of two or more letters, and any one of
the letters bears the proper stamp, the contract or agreement shall be deemed
to be duly stamped;
(d) nothing herein contained shall prevent the
admission of any instrument in evidence in any proceeding in a Criminal Court,
other than a proceeding under Chapter XII or Chapter XXXVI of the Code of
Criminal Procedure, 1898[95];
(e) nothing herein contained shall prevent the
admission of any instrument in any Court when such instrument has been executed
by or on behalf of [96][the Government], or where
it bears the certificate of the Collector as provided by section 32 or any
other provision of this Act.
36. Admission
of instrument where not to be questioned.– Where an instrument has
been admitted in evidence, such admission shall not, except as provided in
section 61, be called in question at any stage of the same suit or proceeding
on the ground that the instrument has not been duly stamped.
37. Admission
of improperly stamped instruments.– [97][The
provincial Government] may make rules providing that, where an instrument bears
a stamp of sufficient amount but of improper description, it may, on payment of
the duty with which the same is chargeable, be certified to be duly stamped,
and any instrument so certified shall than be deemed to have been duly stamped
as from the date of its execution.
38. Instruments
impounded how dealt with.– (1) When the person impounding an instrument
under section 33 has by law or consent of parties authority to receive evidence
and admits such instrument in evidence upon payment of a penalty as provided by
section 35 or of duty as provided by section 37, he shall send to the Collector
an authenticated copy of such instrument, together with a certificate in
writing, stating the amount of duty and penalty levied in respect thereof, and
shall send such amount to the Collector, or to such person as he may appoint in
this behalf.
(2) In every other case, the person so impounding
an instrument shall send it in original to the Collector.
39. Collector’s power to refund
penalty paid under section 38, sub-section (1).– (1) When a copy of an
instrument is sent to the Collector under section 38, sub-section (1), he may,
if he thinks fit, [98][* * *] refund any portion
of the penalty in excess of five rupees which has been paid in respect of such
instrument.
(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.
[99]40. Collector’s
power to stamp instruments impounded.– (1) When the Collector
impounds any instrument under section 33, or receives any instrument sent to him
under section 38, sub-section (2), not being an instrument chargeable with a
duty [100][not
exceeding twenty-five paisa] only or a bill of exchange or promissory note, he
shall adopt the following procedure:-
(a) if he is of opinion
that such instrument is duly stamped, or is not chargeable with duty, he shall
certify by endorsement thereon that it is duly stamped, or that it is not so
chargeable, as the case may be;
(b) if he is of opinion that such instrument is
chargeable with duty and is not duly stamped, he shall require the payment of
the proper duty or the amount required to make up the same, together with a
penalty of five rupees; or, if he thinks fit, [101][an
amount not exceeding] ten times the amount of the proper duty or of the
deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided that,
when such instrument has been impounded only because it has been written in
contravention of section 13 or section 14, the Collector may, if he thinks fit,
remit the whole penalty prescribed by this section.
(2) Every certificate under clause (a) of
sub-section (1) shall, for the purposes of this Act, be conclusive evidence of
the matters stated therein.
(3) Where an instrument has been sent to the Collector
under section 38, sub-section (2), the Collector shall, when he has dealt with
it as provided by this section, return it to the impounding officer.
[102]41. Instruments unduly stamped
by accident.–
If any instrument chargeable with duty and not duly stamped, not being an
instrument chargeable with a duty of [103][not exceeding twenty-five
paisa] only or a bill of exchange or promissory note, is produced by any person
of his own motion before the Collector within one year from the date of its
execution or first execution, and such person brings to the notice of the
Collector the fact that such instrument is not duly stamped and offers to pay
to the Collector the amount of the proper duty, or the amount required to make
up the same, and the Collector is satisfied that the omission to duly stamp
such instrument has been occasioned by accident, mistake or urgent necessity,
he may, instead of proceeding under section 33 and 40, receive such amount and
proceed as next hereinafter prescribed.
42. Endorsement
of instruments on which duty has been paid under section 35, 40 or 41.– (1)
When the duty and penalty (if any) leviable in respect of any instrument have
been paid under section 35, section 40 or section 41, the person admitting such
instrument in evidence or the Collector, as the case may be, shall certify by
endorsement thereon that the proper duty or, as the case may be, the proper
duty and penalty (stating the amount of each) have been levied in respect
thereof, and the name and residence of the person paying them.
(2) Every instrument so endorsed shall thereupon
be admissible in evidence, and may be registered and acted upon and
authenticated as if it had been duly stamped, and shall be delivered on his
application in this behalf to the person from whose possession it came into the
hands of the officer impounding it, or as such person may direct:
Provided that–
(a) no instrument which has been admitted in
evidence upon payment of duty and a penalty under section 35, shall be so
delivered before the expiration of one month from the date of such impounding,
or if the Collector has certified that its further detention is necessary and
has not cancelled such certificate;
(b) nothing in this section shall affect the [104]Code of Civil Procedure,
section 144, clause 3.
43. Prosecution
for offence against Stamp-law.– The taking of proceedings or
the payment of a penalty under this Chapter in respect of any instrument shall
not bar the prosecution of any person who appears to have committed an offence
against the Stamp-law in respect of such instrument:
Provided
that no such prosecution shall be instituted in the case of any instrument in
respect of which such a penalty has been paid, unless it appears to the
Collector that the offence was committed with an intention of evading payment
of the proper duty.
44. Persons
paying duty or penalty may recover same in certain cases.– (1)
When any duty or penalty has been paid under section 35, section 37, section 40
or section 41, by any person in respect of an instrument, and, by agreement or
under the provisions of section 29 or any other enactment in force at the time
such instrument was executed, some other person was bound to bear the expense
of providing the proper stamp for such instrument, the first mentioned person shall
be entitled to recover from such other person the amount of the duty or penalty
so paid.
(2) For the purpose of such recovery, any
certificate granted in respect of such instrument under this Act shall be
conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be
included in any order as to costs in any suit or proceeding to which such
persons are parties in which such instrument has been tendered in evidence. If
the Court does not include the amount in such order, no further proceedings for
the recovery of the amount shall be maintainable.
45. Power
of Revenue Authority to refund penalty or excess duty in certain cases.– (1)
Where any penalty is paid under section 35 or section 40, the [105][Chief
Revenue Authority] may, upon application in writing made within one year from
the date of the payment, refund such penalty wholly or in part.
(2) Where, in the opinion of the [106][Chief Revenue Authority],
stamp-duty in excess of that which is legally chargeable has been charged and
paid under section 35 or section 40, such authority may, upon application in
writing made within three months of the order charging the same, refund the
excess.
46. Non-liability for loss of
instruments sent under section 38.– (1) If any instrument sent to the Collector under
section 38, sub-section (2), is lost, destroyed or damaged during transmission,
the person sending the same shall not be liable for such loss, destruction or
damage.
(2) When any instrument is about to be so sent,
the person from whose possession it came into the hands of the person
impounding the same, may require a copy thereof to be made at the expense of
such first-mentioned person and authenticated by the person impounding such
instrument.
[107][47. Power
of payer to stamp bills and promissory notes received by him unstamped.– When
any Bill of Exchange, chargeable with the duty of five paisa, or promissory
note chargeable with the duty of fifteen paisa, is presented for payment
unstamped, the person to whom it is so presented may affix thereto the
necessary adhesive stamp, and upon cancelling the same in the manner
hereinbefore provided, may pay the sum payable upon such bill or note and may
charge the duty against the person who ought to have paid the same, or deduct
it from the sum payable as aforesaid, and such bill or note shall, so far as
respects the duty, be deemed good and valid:
Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill or note].
48. Recovery of duties and
penalties.–
All duties, penalties and other sums required to be paid under this Chapter may
be recovered by the Collector by distress and sale of the movable property of
the person from whom the same are due, or by any other process for the time
being in force for the recovery of arrears of land-revenue.
Chapter V
Allowances for Stamps in Certain Cases
49. Allowance
for spoiled stamps.– Subject to such rules as may be made by the [108][Provincial
Government] as to the evidence to be required, or the enquiry to be made the
Collector may, on application made within the period prescribed in section 50,
and if he is satisfied as to the facts, make allowance for impressed stamps
spoiled in the cases hereinafter mentioned, namely:-
(a) the stamp on any paper inadvertently and
undesignedly spoiled, obliterated or by error in writing or any other means
rendered unfit for the purpose intended before any instrument written thereon
is executed by any person:
(b) the stamp on any
document which is written out wholly or in part, but which is not signed or
executed by any party thereto:
(c) in the case of bills of exchange [109][payable otherwise than on
demand] [110][* * *] or promissory notes–
(1) the stamp on [111][any such
bill of exchange] [112][* * *]
signed by or on behalf of the drawer which has not been accepted or made use of
in any manner whatever or delivered out of his hands for any purpose other than
by way of tender for acceptance provided that the paper on which any such stamp
is impressed does not bear any signature intended as or for the acceptance of
any bill of exchange [113][* * *]
to be afterwards written thereon:
(2) the stamp on any promissory note signed by or
on behalf of the maker which has not been made use of in any manner whatever or
delivered out of his hands:
(3) the stamp used or intended to be used for [114][any
such bill of exchange] [115][* * *]
or promissory note signed by, or on behalf of, the drawer thereof, but which from
any omission or error has been spoiled or rendered useless, although the same,
being a bill of exchange [116][* *
*], may have been presented for acceptance or accepted or endorsed, or, being a
promissory note, may have been delivered to the payee: provided that another
completed and duly stamped bill of exchange [117][* * *]
or promissory note is produced identical in every particular, except in the
correction of such omission or error as aforesaid, with the spoiled bill [118][* * *]
or note:
(d) the stamp used
for an instrument executed by any party thereto which–
(1) has been afterwards found to be absolutely
void in law from the beginning:
(2) has been afterwards found unfit, by reason of
any error or mistake therein, for the purpose originally intended:
(3) by reason of the death of any person by whom
it is necessary that it should be executed, without having executed the same,
or of the refusal of any such person to execute the same, cannot be completed
so as to effect the intended transaction in the form proposed:
(4) for want of the execution thereof by some
material party, and his inability or refusal to sign the same, is in fact
incomplete and insufficient for the purpose for which it was intended:
(5) by reason of the refusal of any person to act
under the same, or to advance any money intended to be thereby secured, or by
the refusal or non-acceptance of any office thereby granted, totally fails of
the intended purpose:
(6) becomes useless in consequence of the
transaction intended to be thereby effected being effected by some other
instrument between the same parties and bearing a stamp of not less value:
(7) is deficient in value and the transaction
intended to be thereby effected has been effected by some other instrument
between the same parties and bearing a stamp of not less value:
(8) is inadvertently and undesignedly
spoiled, and in lieu whereof another instrument made between the same parties
and for the same purpose is executed and duly stamped:
Provided
that, in the case of an executed instrument, no legal proceeding has been
commenced in which the instrument could or would have been given or offered in
evidence and that the instrument is given up to be cancelled.
Explanation– The certificate of the
Collector under section 32 that the full duty with which an instrument is
chargeable has been paid is an impressed stamp within the meaning of this
section.
50. Application for relief
under section 49 when to be made.– The application for relief under section 49 shall
be made within the following periods, that is to say,–
(1) in the cases mentioned in clause (d) (5),
within two months of the date of the instrument:
(2) in the case of a stamped paper in which no
instrument has been executed by any of the parties thereto, within six months after
the stamp has been spoiled:
(3) in the case of a stamped paper in which an
instrument has been executed by any of the parties thereto, within six months
after the date of the instrument, or, if it is not dated, within six months
after the execution thereof by the person by whom it was first or alone
executed:
Provided
that,–
(a) when the spoiled instrument has been for sufficient reasons sent
out of [119][
(b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument.
51. Allowance
in case of printed forms no longer required by Corporations.– The [121][Chief
Revenue Authority] [122][or the
Collector if empowered by the [123][Chief
Revenue Authority] in this behalf] may, without limit of time, make allowance
for stamped papers used for printed form of instruments [124][by any
banker or] by any incorporated company or other body corporate, if for any
sufficient reason such forms have ceased to be required by the said [125][banker,]
company or body corporate: provided that such authority is satisfied that the
duty in respect of such stamped papers has been duly paid.
52. Allowance
for misused stamps.– (a) When any person has inadvertently used, for an
instrument chargeable with duty, a stamp of a description other than that
prescribed for such instrument by the rules made under this Act, or a stamp of
greater value than was necessary, or has inadvertently used any stamp for an
instrument not chargeable with any duty; or
(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13;
the Collector may, on application made within six months after
the date of the instrument, or, if it is not dated, within six months after the
execution thereof by the person by whom it was first or alone executed, and
upon the instrument, if chargeable with duty, being re-stamped with the proper
duty, cancel and allow as spoiled the stamp so misused or rendered useless.
53. Allowance for spoiled or
misused stamps how to be made.– In any case in which allowance is made for spoiled
or misused stamps, the Collector may give in lieu thereof–
(a) other stamps of the same description and
value; or,
(b) if required and he thinks fit, stamps of any
other description to the same amount in value; or,
(c) at his discretion, the same value in money,
deducting [126][ten per centum of the
value].
54. Allowance for stamps not
required for use.– When any person is possessed
of a stamp or stamps which have not been spoiled or rendered unfit or useless
for the purpose intended, but for which he has no immediate use, the Collector
shall repay to such person the value of such stamp or stamps in money,
deducting [127][ten per centum of the
value] upon such person delivering up the same to be cancelled, and proving to
the Collector’s satisfaction–
(a) that such stamp or stamps were purchased by
such person with a bona fide intention
to use them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period
of six months next preceding the date on which they were so delivered:
Provided
that, where the person is a licensed vendor of stamps, the Collector may, if he
thinks fit, make the repayment of the sum actually paid by the vendor without
any such deduction as aforesaid.
55. Allowance on renewal of
certain debentures.– When any duly stamped debenture is renewed by the issue of a new
debenture in the same terms, the Collector shall, upon application made within
one month, repay to the person issuing such debenture, the value of the stamp
on the original or on the new debenture, whichever shall be less:
Provided that the original debenture is produced before the
Collector and cancelled by him in such manner as the [128][Provincial
Government] may direct.
Explanation– A
debenture shall be deemed to be renewed in the same terms within the meaning of
this section notwithstanding the following changes:-
(a) the issue of two or more debentures in place of one original
debenture, the total amount secured being the same;
(b) the issue of one debenture in place of two or more original
debentures, the total amount secured being the same;
(c) the substitution of the name of the holder at the time of renewal
for the name of the original holder; and
(d) the alteration of the rate of interest or the
dates of payment thereof.
Chapter VI
Reference and Revision
56. Control
of, and statement of case to, Chief Revenue Authority.– (1)
The powers exercisable by a Collector under Chapter IV and Chapter V [129][and
under clause (a) of the first proviso to section 26] shall in all cases be
subject to the control of the [130][Chief
Revenue Authority].
(2) If any Collector,
acting under section 31, section 40 or section 41, feels doubt as to the amount
of duty with which any instrument is chargeable, he may draw up a statement of
the case, and refer it, with his own opinion thereon, for the decision of the [131][Chief
Revenue Authority].
(3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision.
57. Statement of case by Chief
Revenue Authority to High Court.– (1) The [132][Chief Revenue Authority]
may state any case referred to it under section 56, sub-section (2), or
otherwise coming to its notice, and refer such case, with its own opinion
thereon,–
(a) [133][* * * * * * * * * * * *]
(b) if the case arises in [134][any Province], to the High
Court of [135][the Province].
(2) Every such case shall be decided by not less
than three Judges of the High Court [136][* * *] to which it is
referred, and in case of difference, the opinion of the majority shall prevail.
58. Power of High Court to call
for further particulars as to case stated.– If the High Court [137][* * *] is not satisfied
that the statements contained in the case are sufficient to enable it to
determine the questions raised thereby, the Court may refer the case back to
the Revenue-authority by which it was stated, to make such additions thereto or
alterations therein as the Court may direct in that behalf.
59. Procedure in disposing of
case stated.–
(1) The High Court
[138][* * *], upon the hearing of
any such case, shall decide the questions raised thereby, and shall deliver its
judgment thereon containing the grounds on which such decision is founded.
(2) The Court shall send to the Revenue-authority
by which the case was stated a copy of such judgment under the seal of the
Court and the signature of the Registrar; and the Revenue-authority shall, on
receiving such copy, dispose of the case conformably to such judgment.
60. Statement
of case by other Courts to High Court.– (1) If any Court, other than a
Court mentioned in section 57, feels doubt as to the amount of duty to be paid
in respect of any instrument under proviso (a) to section 35, the Judge may
draw up a statement of the case and refer it, with his own opinion thereon, for
the decision of the High Court [139][* * *]
to which, if he were the [140][Chief
Revenue Authority], he would, under section 57, refer the same.
(2) Such Court shall deal
with the case as if it had been referred under section 57, and send a copy of
its judgment under the seal of the Court and the signature the Registrar to the
[141][Chief
Revenue Authority] and another like copy to the Judge making the reference, who
shall, on receiving such copy, dispose of the case conformably to such
judgment.
(3) References made under sub-section (1), when
made by a Court subordinate to a District Court, shall be made through the
District Court, and, when made by any subordinate revenue Court, shall be made
through the Court immediately superior.
61. Revision of certain
decisions of Courts regarding the sufficiency of stamps.– (1) When any Court in the
exercise of its civil or revenue jurisdiction or any Criminal Court in any
proceedings under Chapter XII or Chapter XXXVI of the Code of Criminal
Procedure, 1898[142] makes any order admitting
any instrument in evidence as duly stamped or as not requiring a stamp, or upon
payment of duty and a penalty under section 35, the Court to which appeals lie
from, or references are made by, such first mentioned Court may, of its own motion
or on the application of the Collector, take such order into consideration.
(2) If such court, after such consideration, is of
opinion that such instrument should not have been admitted in evidence without
the payment of duty and penalty under section 35, or without the payment of a
higher duty and penalty than those paid, it may record a declaration to that
effect, and determine the amount of duty with which such instrument is
chargeable, and may require any person in whose possession or power such instrument
then is, to produce the same, and may impound the same when produced.
(3) When any declaration has been recorded under
sub section (2), the Court recording the same shall send a copy thereof to the Collector,
and, where the instrument to which it relates has been impounded or is
otherwise in the possession of such court, shall also send him such instrument.
(4) The Collector may thereupon, notwithstanding
anything contained in the order admitting such instrument in evidence, or in
any certificate granted under section 42, or in section 43, prosecute any
person for any offence against the Stamp-law which the Collector considers him
to have committed in respect of such instrument:
Provided
that–
(a) no such prosecution shall be instituted where
the amount (including duty and penalty) which, according to the determination
of such Court, was payable in respect of the instrument under section 35, is
paid to the Collector, unless he thinks that the offence was committed with an
intention of evading payment of the proper duty;
(b) except for the purposes of such prosecution,
no declaration made under this section shall affect the validity of any order
admitting any instrument in evidence, or of any certificate granted under
section 42.
Chapter VII
Criminal Offences and Procedure
[143]62. Penalty for executing,
etc., instrument not duly stamped.– (1) Any person–
(a) drawing, making, issuing, endorsing or
transferring, or signing otherwise than as a witness, or presenting for
acceptance or payment, or accepting, paying or receiving payment of, or in any
manner negotiating, any bill of exchange [144][payable otherwise than on
demand] [145][* * *] or promissory note
without the same being duly stamped; or
(b) executing or
signing otherwise than as a witness any other instrument chargeable with duty
without the same being duly stamped; or
(c) voting or attempting to vote under any proxy
not duly stamped;
shall for every such offence be punishable with fine
which may extend to [146][one thousand] rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is
issued without being duly stamped, the company issuing the same, and also every
person who, at the time when it is issued, is the managing director or
secretary or other principal officer of the company, shall be punishable with
fine which may extend to [147][one
thousand] rupees.
63. Penalty for failure to
cancel adhesive stamp.– Any person required by section 12 to cancel an adhesive stamp, and
failing to cancel such stamp in manner prescribed by that section, shall be
punishable with fine which may extend to [148][two hundred] rupees.
64. Penalty for omission to
comply with provisions of section 27.– Any person who, with intent to defraud the Government,–
(a) executes any instrument in which all the facts
and circumstances required by section 27 to be set forth in such instrument are
not fully and truly set forth; or,
(b) being employed or concerned in or about the
preparation of any instrument, neglects or omits fully and truly to set forth
therein all such facts and circumstances; or
(c) does any other act calculated to deprive the
Government of any duty or penalty under this Act;
shall be punishable with fine
which may extend to [149][ten
thousand] rupees.
65. Penalty for refusal to give
receipt, and for devices to evade duty on receipts.– Any person who–
(a) being required under section 30 to give a
receipt, refuses or neglects to give the same; or,
(b) with intent to defraud the Government of any
duty, upon a payment of money or delivery of property exceeding twenty rupees
in amount or value, gives a receipt for an amount or value not exceeding twenty
rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine
which may extend to [150][two
hundred] rupees.
66. Penalty for not making out
policy, or making one not duly stamped.– Any person who–
(a) receives, or takes credit for, any premium or
consideration for any contract of insurance and does not, within one month
after receiving, or taking credit for, such premium or consideration, make out
and execute a duly stamped policy of such insurance; or
(b) makes, executes or
delivers out any policy which is not duly stamped, or pays or allows in
account, or agrees to pay or allow in account, any money upon, or in respect
of, any such policy;
shall be punishable with fine
which may extend to [151][four
hundred] rupees.
67. Penalty
for not drawing full number of bills or marine policies purporting to be in
sets.– Any person drawing or executing a bill of exchange [152][payable
otherwise than on demand] or a policy of marine insurance purporting to be
drawn or executed in a set of two or more, and not at the same time drawing or
executing on paper duly stamped the whole number of bills or policies of which
such bill or policy purports the set to consist, shall be punishable with fine
which may extend to [153][two
thousand] rupees.
68. Penalty for post-dating
bills, and for other devices to defraud the revenue.– Any person who–
(a) with intent to
defraud the Government of duty, draws, makes or issues any bill of exchange or
promissory note bearing a date subsequent to that on which such bill or note is
actually drawn or made; or
(b) knowing that such bill or note has been so
post-dated endorses, transfers, presents for acceptance or payment, or accepts,
pays or receives payment of, such bill or note, or in any manner negotiates the
same; or
(c) with the like intent, practices or is concerned
in any act, contrivance or device not specially provided for by this Act or any
other law for the time being in force;
shall be punishable with fine
which may extend to [154][two
thousand] rupees.
69. Penalty for breach of rule
relating to sale of stamps and for unauthorised sale.– (a) Any person appointed to
sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or
offers for sale any stamp other than [155][five paisa, fifteen paisa, or
twenty-five paisa revenue] adhesive stamp;
shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to [156][one
thousand] rupees, or with both.
70. Institution and conduct of
prosecutions.–
(1) No prosecution in respect of any offence punishable under this Act or any
Act hereby repealed shall be instituted without the sanction of the Collector
or such other officer as [157][the [158][Provincial Government]]
generally, or the Collector specially, authorises in that behalf.
(2) The [159][Chief Revenue Authority],
or any officer generally or specially authorized by it in this behalf, may stay
any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.
71. Jurisdiction of
Magistrates.–
No Magistrate other than [160][* * *] a Magistrate whose
powers are not less than those of a Magistrate of the second class, shall try
any offence under this Act.
72. Place
of trial.– Every such offence committed in respect of any
instrument may be tried in any district [161][* * *]
in which such instrument is found as well as in any district [162][* * *]
in which such offence might be tried under the Code of Criminal Procedure for
the time being in force.
Chapter VIII
Supplemental Provisions
73. Books,
etc., to be open to inspection.– Every public officer having in
his custody any registers, books records, papers, documents or proceedings, the
inspection whereof may tend to secure any duty, or to prove or lead to the
discovery of any fraud or omission in relation to any duty, shall at all
reasonable times permit any person authorised in writing by the Collector to
inspect for such purpose the registers, books, papers, documents and
proceedings, and to take such notes and extracts as he may deem necessary,
without fee or charge.
74. Power to make rules
relating to sale of stamps.– The [163][Provincial Government] [164][* * *] may make rules for
regulating–
(a) the supply and sale of stamps and stamped
papers,
(b) the persons by whom alone such sale is to be
conducted, and
(c) the duties and remuneration of such persons:
Provided
that such rules shall not restrict the sale of [165][five paisa, fifteen paisa
or twenty-five paisa revenue] adhesive stamps.
75. Power to make rules
generally to carry out Act.– The [166][Provincial Government] may
make rules[167] to carry out generally the
purposes of this Act, and may by such rules prescribed the fines, which shall
in no case exceed five hundred rupees, to be incurred on breach thereof.
76. Publication of rules.– [168][(1) All rules made this Act
shall be published in the Official Gazette].
(2) All rules published as required by this
section shall, upon such publications, have effect as if enacted by this Act.
[169][76-A. Delegation of certain
powers.– [170][[171][* * *] The Provincial
Government, may by the notification in the Official Gazette] delegate:-
(a) all or any
of the powers conferred on it by sections 2 (9), 33 (3) (b), 70 (1), 74 and 78
to the [172][Chief Revenue
Authority]; and
(b) all or any of the powers conferred on the [173][Chief Revenue Authority] by
section 45 (1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as
may be specified in the notification].
77. Savings as to court-fees.– Nothing in this Act
contained shall be deemed to effect the duties chargeable under any enactment
for the time being in force relating to court-fees.
78. Act to be translated and
sold cheaply.–
Every [174][Provincial Government]
shall make provision for the sale of translations of this Act in the principal
vernacular languages of the territories administered by it at a price not
exceeding [175][twenty-five paisa] per
copy.
79. [Repeal].
Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and
Schedule II.
[176][schedule I
Stamp-Duty on Instruments
(See Section 3)
|
Sr. No. |
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 acknowledgment does not contain any
promise to pay the debt or any stipulation to pay interest or to deliver any
goods or other property:- |
|
|
|
[177][(a) where such amount does not exceed two thousand rupees. |
One rupee. |
|
|
(b) where
such amount exceeds two thousand rupees but does not exceed ten thousand
rupees. |
Two rupees. |
|
|
(c) where such amount exceeds ten thousand rupees. |
Five rupees]. |
|
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, 1873:- |
|
|
|
(a) where the mount does not exceed Rs.1,000; |
The same duty as on a Bond (No. 15) for such amount. |
|
|
(b) in any other case |
[178][One hundred] 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. |
[179][One hundred] 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. |
[180][Twenty] rupees. |
|
|
Exemptions |
|
|
|
Affidavit or declaration in writing when made– |
|
|
|
(a) as a condition of enrolment under the Indian
Army Act, 1911[181],
or the Pakistan Army Act, 1952[182]
or the Indian Air Force Act, 1932[183],
or the Pakistan Air Force Act, 1953[184]; |
|
|
|
(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; |
[185][Two]
rupee. |
|
|
(b) if relating to the sale of a Government security; |
[186][One rupee] for every Rs.10,000 or part thereof
of the value of the security, [187][subject
to a maximum of one hundred rupees.] |
|
|
(c) if relating to the sale of a share in an incorporated company or other body corporate; |
[188][One rupee] for every rupees 5,000 or part
thereof of the value of the share. |
|
|
[189][(cc) if relating to the sale of immovable property. |
[190][One
hundred] rupees.] |
|
|
[191][(ccc) for collection or recovery of octroi or goods exit tax or tax on transfer of immovable property by a contractor with a Local Council. |
Fifty paisa for every one hundred rupees or part thereof of the amount
of the contract]. |
|
|
(d) if not otherwise provided for |
[192][Fifty]
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 [193]Central
Government for or relating to any loan. |
|
|
|
AGREEMENT TO LEASE, see LEASE (No. 35). |
|
|
[194][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; |
|
|
|
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and |
One-fifth of one percent, that is to say, 0.2% of the loan amount
subject to a maximum of one hundred thousand rupees. |
|
|
(ii) in any other case. |
One-fifth of one percent, that is to say, 0.2% of the loan amount. |
|
|
(b) if such loan or debt is repayable not more
than three months from the date of such instrument; |
|
|
|
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and |
One-tenth of one percent, that is to say, 0.1% of the loan amount,
subject to a maximum of fifty thousand rupees. |
|
|
(ii) in any other case. |
One-tenth of one percent, that is to say, 0.1% of the loan amount.] |
|
7. |
APPOINTMENT IN EXECUTION OF A POWER, where made by any writing not being a will– |
|
|
|
(a) of trustees |
[195][Fifty] rupees. |
|
|
(b) of property, movable or immovable. |
[196][One hundred]. |
|
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; |
[197][Three rupees for every One hundred rupees or
part thereof]. |
|
|
(b) in any other case |
[198][One hundred] rupees. |
|
|
Exemptions |
|
|
|
(a) Appraisement of 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). |
[199][One
hundred] rupees. |
|
|
Exemptions |
|
|
|
Instrument of apprenticeship executed by a Magistrate under the
Apprentices Act, 1850[200],
or by which a person is apprenticed by or at the charge of any public
charity. |
|
|
[201][10. |
*
* * * |
* * * * * *] |
|
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). |
[202][Seven hundred and fifty] rupees. |
|
[203][11-A |
AIR TICKETS issued by any Airline– |
|
|
|
(i) for domestic flights; |
Twenty five rupees per ticket |
|
|
(ii) for international flights. |
Two hundred and fifty rupees per ticket]. |
|
[204][11-B |
AUTHENTICATED DECLARATIONS that is to say declarations of newspapers,
periodicals or printing presses authenticated by a legally competent
authority. |
Five thousand rupees per Declaration]. |
|
|
EXPLANATION I. The duty shall be paid by the declarant. EXPLANATION II. The declaration shall not be authenticated unless the duty is paid. |
|
|
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. |
[205][Two percent of] the amount or value of the
property to which the award relates as set forth in such award. [206][*
* *] |
|
12-A |
[207][* * * * * * * * * * * * * * * * |
* * * * * * * * * * * *] |
|
12-B |
[208][* * * * * * * * * * * * * * * * |
* * * * * * * * * * * *] |
|
13. |
BILL OF EXCHANGE as defined by section 2(2) not being BOND, bank note
or currency note– |
|
|
|
[209][(a) where
payable otherwise than on demand but not more than one year after date or sight– |
|
|
|
(i) if drawn singly |
Two rupees for every one thousand rupees or part
thereof of the amount of the Bill. |
|
|
(ii) if drawn in set of two or more, for each part of the set. |
One rupee for every one thousand
rupees or part thereof of the amount of the Bill]. |
|
|
(b) where payable more than one year after date or sight– |
|
|
|
[210][If drawn singly; |
Three rupees for every one
thousand rupees or part thereof of the amount of the Bill. |
|
|
If drawn in set of two, for each part of the set; |
Two rupees for every one
thousand rupees or part thereof of the amount of the Bill. |
|
|
If drawn in set of three, for each part of the set; |
One rupee for every one
thousand rupees or part thereof of the amount of the Bill.] |
|
14. |
BILL OF LADING (including a through bill of lading). Note– If a bill of lading is drawn in parts, the proper stamp therefor must be borne by each one of the sets. |
[211][Ten rupees]. |
|
|
Exemptions– |
|
|
|
(a) Bill of lading when the goods therein
described are received at a place within the limits of any port as defined
under the Ports Act, 1908[212],
and are to be delivered at another place within the limits of the same port. |
|
|
|
(b) Bill of lading
when executed out of |
|
|
[213][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– |
|
|
|
(i) where the amount or
value secured does not exceed five hundred rupees. |
Fifteen rupees. |
|
|
(ii) where it exceeds five
hundred rupees, for every additional amount of five hundred rupees or part
thereof. |
Fifteen rupees] |
|
|
See ADMINISTRATION BOND (No.2), BOTTOMERY BOND (No.16), CUSTOMS BOND (No.26). |
|
|
|
INDEMNITY BOND (No.34), RESPONDENTIA BOND (No.56), SECURITY BOND (No.57). |
|
|
|
Exemption |
|
|
|
Bond when executed
by any person for the purpose of guaranteeing that the local income derived
from private subscription to a Charitable dispensary or hospital or any other
object of public utility shall not be less than a specified sum per mensem. |
|
|
16. |
BOTTOMERY BOND, that is to say, any instrument
where by the master of a seagoing ship borrows money on the security of 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). |
[214][Fifty] rupees. |
|
18. |
[215][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 |
[216][Two percent of the] consideration equal to the
amount of the purchase money]. |
|
19. |
CERTIFICATE OR OTHER DOCUMENT evidencing the
right or title of the holder thereof or any other person, either to any shares,
scrip or stock in or of any incorporated company or other body corporate, or
to become proprietor of shares, scrip or stock in or of any such company or
body. |
[217][Five] rupees. |
|
|
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) where by 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. |
[218][Ten] rupees. |
|
21. |
[219][* * * *] |
|
|
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. |
[220][One hundred] rupees. |
|
[221][22-A. |
CONTRACT, that is to say any instrument of the
nature of memorandum of agreement made or entered into by a contractor with
Government, Corporation, Local Body, Local Authority, agency or organisation
set up or controlled by the Federal or the Provincial Government– |
|
|
|
(a) to execute any work– |
|
|
|
(i) where the
amount of the contract does not exceed fifty thousand rupees. |
One hundred rupees. |
|
|
(ii) where it exceeds fifty thousand rupees but
does not exceed five lac rupees. |
Two hundred rupees. |
|
|
(iii) where it exceeds five lac rupees but does
not exceed fifteen lac rupees. |
Five hundred rupees. |
|
|
(iv) where it exceeds fifteen lac rupees but
does not exceed twenty five lac rupees. |
Seven hundred and fifty rupees. |
|
|
(v) where it exceeds twenty five lac rupees. |
One thousand rupees. |
|
|
(b) to procure stores and materials |
Twenty-five paisas for every one hundred rupees or part thereof of the
amount of the contract]. |
|
[222][23. |
CONVEYANCE as defined by section 2(10) not being a TRANSFER charged or exempted under Article 62– |
|
|
|
(a) in the case of an immovable property; |
two percent of the value of the property. |
|
|
(b) in case of a registered motor vehicle. |
one hundred rupees.] |
|
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 |
[223][Ten] rupees. |
|
|
|
|
|
|
Exemptions– |
|
|
|
(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 |
[224][Ten] 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 |
[225][One
hundred] rupees. |
|
[226][27. |
DEBENTURE OR PARTICIPATION TERM CERTIFICATE OR TERM FINANCE CERTIFICATE OR ANY OTHER INSTRUMENT OF REDEEMABLE CAPITAL OTHER THAN A COMMERCIAL PAPER (whether or not a mortgage debenture, a Participation Term Certificate, a Term Finance Certificate or any other instrument of redeemable capital), being a marketable security transferable by endorsement or by separate instrument of transfer or by delivery. |
One-twentieth
of one percent, that is to say, 0.05% of the face value [227][*
* *] subject to a maximum of one million rupees. |
|
|
Explanation-I.
The term “Debenture” includes any interest coupons attached thereto, but the
amount of such coupons shall not be included in estimating the duty. |
|
|
|
Explanation-II.
The term “Participation Term Certificate” means an instrument or certificate
of a specified denomination called the face value or nominal value, issued by
a company for raising capital, the holder whereof participates in the profit
and loss of the company over such period to such extent and on such
conditions as may be specified at the time of its issue. |
|
|
|
Explanation-III. The term
“Term Finance Certificate” means a fixed tenure instrument or certificate of a
specified denomination called the face value or nominal value issued to raise
capital by a body corporate in the form of transferable security.] |
|
|
[228][27-A. |
DECREE, RULE
OF A COURT OR AN ORDER OF A COURT based on mutual consent of parties in cases involving transfer of an immovable property including sale,
exchange, gift or mortgage, declaring or conferring a right in or title to an
immovable property. |
Two percent of the value of the property.] |
|
|
EXPLANATION.– Value, in this Article, means value of the
property in accordance with the valuation table as notified by the Collector
or where valuation table is not available, the average sale price of a property of similar
nature in the same revenue estate or locality in the preceding year as
may be determined by the Collector. |
|
|
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. |
[229][Five] rupees. |
|
|
DEPOSIT OF TITLE-DEEDS. see AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6). |
|
|
|
DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46). |
|
|
29. |
DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. |
[230][Thirty] rupees. |
|
|
DOWER- Instrument of, See SETTLEMENT (No. 58). |
|
|
|
DUPLICATE, See
COUNTERPART (No. 25). |
|
|
30. |
[231][* * * * * * * *] |
|
|
[232][31. |
Exchange of immovable property. |
two per cent of the value of the property of the highest value.] |
|
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); |
[233][Two percent of the] 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; |
[234][Two percent of the] consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge. |
|
|
(ii) if possession is not so given; |
[235][Two percent of] the amount of the further charge secured by such instrument. |
|
[236][33. |
GIFT– Instrument of, including a memorandum of oral gift of an immovable property, not being a SETTLEMENT (Article 58) or WILL OR TRANSFER (Article 62)– |
|
|
|
when executed in respect of an immovable property. |
Two per cent of the value of the property.] |
|
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. |
[237][Two percent of] 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. |
[238][Two percent of] 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. |
[239][Two percent of the]
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; |
[240][Two percent of the] 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. |
[241][Two
percent of the] 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. |
[242][Two percent of the] 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. |
[243][Two percent of the]
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: |
[244][Two percent of the]
consideration equal to the amount of advance as set forth in the lease, in
addition to the duty which would have been payable on such lease, if no
advance had been paid or delivered; provided that, in any case when an
agreement to lease is stamped with 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 [245][one hundred rupees]. |
|
|
(ii) where
the lease is granted for a fine or premium in addition to rent reserved. |
[246][Two percent of the]
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 agreement is subsequently executed, the duty on such lease shall not
exceed [247][one hundred 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. |
[248][Two rupees]. |
|
|
See
also CERTIFICATE OR OTHER DOCUMENT (No. 19). |
|
|
37. |
[249][* * * * * * * * * * * * |
* * * * * * *] |
|
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. |
[250][Fifty] rupees. |
|
[251][39. |
* * *
* * |
* * * * * *] |
|
40. |
MORTGAGE-DEED
not being an AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.
6), BOTTOMERY 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; |
[252][Two
percent of the] consideration equal
to the amount secured by such deed. |
|
|
(b) when possession is not given or agreed to be given as aforesaid; |
[253][Two
percent of] 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. |
|
|
[254][(d) (i) mortgage with
banking companies, that is to say, simple or legal mortgage for banking
companies or other financial institutions, when the entire finance is not
based on interest; and |
One-fifth of one percent, that is to say, 0.2% of the loan amount subject to a maximum of one hundred thousand rupees. |
|
|
(ii) in any other case. |
One-fifth of one percent, that is to say, 0.2% of the loan amount.] |
|
|
Exemptions |
|
|
|
(1) Instruments, executed by persons taking
advances under the Land Improvement Loans Act, 1883, or the [255][ |
|
|
|
(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– |
|
|
|
[256][(a) when
the loan is repayable, not more than three months from the date of the
instrument, for every two hundred rupees or part thereof of the sum secured; |
One rupee. |
|
|
(b) when the loan is repayable more than
three months, but not more than eighteen months from the date of the
instrument, for every one hundred rupees or part thereof of the sum secured. |
Two rupees]. |
|
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 OR BILL OR NOTE (No.50). |
[257][Five] rupees. |
|
43. |
NOTE OR MEMORANDUM sent by a broker or agent to
his principal intimating the purchase or sale on account of such principal– |
|
|
|
(a) of any goods exceeding in value twenty rupees; |
[258][Five] rupees. |
|
|
(b) of any stock or marketable security exceeding in value twenty rupees, not being a Government Security; |
[259][Five] rupees for every Rs.5,000 or part thereof
of the value of the stock or security. |
|
|
(c) of a Government security |
[260][One rupee] for every 10,000 rupees or part
thereof of the value of the security subject to a maximum of [261][Fifty]
rupees. |
|
44. |
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). |
[262][Five] rupees. |
|
45. |
PARTITION-Instrument of [as defined by section 2 (15)]. |
[263][Two percent of] 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 [264][one
hundred rupees]; |
|
|
|
(b) where
land is held on Revenue Settlement for a period not exceeding thirty years
and paying the full assessment, the value for 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 [265][one hundred rupees]; |
|
|
|
[266][(d) when instrument of partition is executed
in respect of agricultural land, the Stamp Duty shall be charged as one rupee
for every rupees one hundred or part thereof of the value of such land]. |
|
46. |
PARTNERSHIP– A-INSTRUMENT OF– |
|
|
|
(a) where the capital of the partnership does not exceed Rs. [267][10,000/-] |
[268][One
hundred] rupees. |
|
|
(b) in any other case |
[269][Five
hundred] rupees. |
|
|
B-DISSOLUTION OF– |
[270][Half
of the stamp duty payable on original] |
|
|
PAWN OR PLEDGE, See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6). |
|
|
47. |
POLICY OF INSURANCE– A-See INSURANCE (see section 7) |
|
|
|
(1) For each voyage– |
|
|
|
(i) where the premium or consideration does not
exceed the rate of 1/8 percent of the amount insured by the policy; for every
full sum of Rs.5,000 and also any fractional parts thereof insured by the
policy– |
|
|
|
if drawn singly |
[271][Three rupees. |
|
|
if drawn in duplicate for each part |
Three rupees. |
|
|
(ii) in any other case, in respect of every full
sum of Rs.2,000 and also any fractional part thereof insured by the policy– |
|
|
|
if drawn singly. |
Three rupees. |
|
|
if drawn in
duplicate for each part |
Three rupees. |
|
|
(2) For time– |
|
|
|
in respect of every full sum of
Rs.2,000 or part thereof insured by the policy– |
|
|
|
(i) where the insurance shall be made for any time
not exceeding six months; |
|
|
|
if drawn singly |
Three rupees |
|
|
if drawn in
duplicate for each part |
Three rupees |
|
|
(ii) where the insurance shall be made for any
time exceeding six months and not exceeding twelve months– |
|
|
|
if drawn singly |
Five rupees |
|
|
if drawn in
duplicate for each part |
Three rupees] |
|
|
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. |
[272][Five rupees]. |
|
|
(ii) in any other case and |
[273][Eight rupees]. |
|
|
(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. |
[274][Three rupees]. |
|
|
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. |
[275][Three
rupees]; 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 the insurer or against liability to pay compensation
under the Workmen’s Compensation Act, 1923, for every Rs.100 or part thereof
payable as premium. |
[276][Three rupees]. |
|
|
E-LIFE INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such a RE-INSURANCE as is described in Division of this article– |
|
|
|
(i) for every sum insured not exceeding Rs.250; |
|
|
|
if drawn singly |
[277][Three
rupees. |
|
|
if drawn in duplicate for each part |
Three rupees. |
|
|
(ii) for every sum insured exceeding Rs.250 but not exceeding Rs.500; |
|
|
|
if drawn singly |
Three rupees. |
|
|
if
drawn in duplicate for each part |
Three rupees. |
|
|
(iii) for every sum insured exceeding Rs.500 but not exceeding Rs.1,000 and also for every Rs.1,000 or part thereof in excess of Rs.1,000. |
|
|
|
if drawn singly |
Three rupees. |
|
|
if drawn in duplicate for each part |
Three rupees]. |
|
|
Exemption |
|
|
|
Policies of life insurance granted by the Director-General of Post Offices in accordance with rules for Postal Life Insurance issued under the authority of the [278]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 [279][three rupees or more than eight rupees]. |
|
|
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 (21),
not being a proxy (No. 52)– |
|
|
|
[280][(a) when executed for authorizing not more than ten persons; |
[281][Five hundred] rupees. |
|
|
(b) when given for consideration and authorizing the attorney to sell any immovable property; |
[282][Two percent of] the amount of the consideration. |
|
|
[283][(bb) when given without consideration for authorising the attorney to sell any immovable property. |
One thousand rupees]. |
|
|
(c) in any other case. |
Ten rupees for each person authorized]. |
|
|
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(22)– |
|
|
|
[284][(a) when payable on demand– |
|
|
|
(i) when the amount or value does not exceed Rs. 2,50,000/- |
Thirty rupees. |
|
|
(ii) When the amount or value exceeds Rs. 2,50,000/- but does not exceed Rs. 5,00,000/- |
Sixty rupees. |
|
|
(iii) in any other case |
One hundred rupees]. |
|
|
[285][(b) when payable otherwise than on demand, including a commercial paper. |
One-fiftieth of one percent, that is to say,
0.02% per annum of the amount payable [286][subject
to a maximum of one hundred thousand rupees].] |
|
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. |
[287][Ten] 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. See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). |
[288][Ten] rupees. |
|
52. |
PROXY empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable; (b) a local authority; or (c) proprietors, members or contributors to the funds of any institution. |
[289][Five] rupees. |
|
53. |
RECEIPTS as defined by section 2 (23) for any
money or other property the amount or value of which exceeds twenty rupees– |
|
|
|
[290][(a) where such amount does not exceed two thousand rupees; |
One rupee. |
|
|
(b) where such amount exceeds two thousand rupees but does not exceed 10,000 rupees; |
Two rupees. |
|
|
(c) where such amount exceeds ten thousand rupees; |
Five rupees]. |
|
|
(d) [291][* * * * * * * * * * * * * * * * |
* * * * * * * * * * * *] |
|
|
Exemption |
|
|
|
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 therein expressed, 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 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; |
|
|
|
(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 the 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 MORTGAGED PROPERTY– |
|
|
|
(a) if the consideration for which the property was mortgaged does not exceed Rs. 1,000; |
[292][Thirty rupees]. |
|
|
(b) in any other case; |
[293][One hundred] rupees. |
|
[294][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. |
[295][Two percent of] such amount of the claim or value of the property]. |
|
56. |
RESPONDENTIA
BOND that is to say, any instrument securing a loan on the cargo laden or to
be laden on board a ship and making repayment contingent on the arrival of
the cargo at the port of destination. REVOCATION
OF ANY 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; |
[296][Thirty rupees]. |
|
|
(b) in any other case. |
[297][One hundred] rupees. |
|
|
Exemption |
|
|
|
Bond or other instrument, when executed– |
|
|
|
(a) by any person for the purpose of guaranteeing that to the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; |
|
|
|
(b) under No. 3-A of the rules made by the
Provincial Government under section 70 of the Sind Irrigation Act, 1879; |
|
|
|
(c) executed
by persons taking advances under the Land Improvement Loans Act, 1883, or the
[298][ |
|
|
|
(d) 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)– |
|
|
|
[299][(i) where the settlement is made in favour of
legal heirs in respect of agricultural land. |
[300][Two percent] of the value of the property]. |
|
|
[301][(ii)] where the settlement is made for a religious or charitable purpose; |
[302][Two percent of the] sum equal to the amount or value of the
property settled. |
|
|
[303][(iii)] in any other case. |
[304][Two
percent of the] consideration equal to the amount
or value of the property settled: |
|
|
Exemption– Deed of dower
executed on the occasion of marriage between Muslims. |
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 [305][one hundred rupees]: |
|
|
|
Provided further that, where an instrument of settlement
contains any provision for the revocation of the settlement, the amount or
value of the property settled shall, for the purposes of duty, be determined
as if no such provisions were contained in the instrument. |
|
|
|
|
|
|
B-Revocation of– |
[306][Two
percent of the] consideration equal to the amount or value of the property
concerned as set forth in the instrument of revocation but not exceeding [307][one
hundred rupees]. |
|
|
See also TRUST (No. 64). |
|
|
59. |
SHARE WARRANTS to bearer issued under the Companies Act, 1913[308]. |
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. |
|
|
Exemption |
|
|
|
Share warrant when issued by a company in pursuance
of the Companies Act, 1913[309],
section 30, to have effect only upon payment, as composition for that duty,
to the Collector of Stamp revenue of– |
|
|
|
(a) one and a half per centum of the whole
subscribed capital of the company; or |
|
|
|
(b) if any company which has paid the said duty
or composition in full subsequently issues an addition to its subscribed
capital–one and a half per centum of the additional capital so issued. |
|
|
|
SCRIP-See CERTIFICATE
(No. 19). |
|
|
60. |
SHIPPING ORDER for or relating to the conveyance
of goods on board of any vessel. |
[310][Five] rupees. |
|
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. |
|
|
(b) in any other case. |
[311][One hundred] rupees. |
|
|
Exemption- |
|
|
|
Surrender of
lease, when such lease exempted from duty. |
|
|
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. |
|
|
[312][(b) of Debenture or Participation Term Certificate or Term Finance
Certificate or any other instrument of redeemable capital (other than
Commercial Paper), whether mortgaged or not, being a transferable security,
whether liable to duty or not except as provided for by section 8; and |
One-tenth of one percent, that is to say, 0.1%
of the face value of the instrument.] |
|
|
(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 |
[313][Fifty] rupees. |
|
|
(d) of any property under the
Administrator-General’s Act 1913, section 31; |
[314][Fifty] rupees. |
|
|
(e) of any trust-property
without 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. |
|
|
[315][(f) of a promissory note, including a
commercial paper, when payable otherwise than on demand.”. |
Nil.] |
|
|
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; |
|
|
|
(c) of a policy of insurance; (d) of securities of the [316]Central
Government. See also section 8– |
|
|
63. |
TRANSFER OF LEASE by way of assignment and not by way of under-lease. Exemption– Transfer of any lease exempt from duty. |
[317][Two percent of the] consideration equal to the amount of the
consideration for the transfer. |
|
[318][63-A |
TRANSFER OF RIGHT OR INTEREST RELATING TO AN IMMOVABLE PROPERTY, that is
to say, transfer of a right or
interest relating to an immovable property or an acknowledgement of such
transfer, by a development authority, housing authority, statutory body, cooperative housing society, company or a developer
and every instrument by which a right or interest relating to an immovable
property is being transferred, registered, recorded or acknowledged by the
authority, body, society, company or developer. |
Two percent of the value of the property.] |
|
|
[319][Explanation.– Transfer of the right or
interest under this Article does not include original allotment from a
development authority, housing authority, statutory body, cooperative housing
society or company; and transfer through inheritance.] |
|
|
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 [320][One hundred] rupees. |
|
|
B. Revocation 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 [321][One hundred] 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. |
[322][Five] rupees.] |
SCHEDULE II.– [Enactments repealed]. Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.
[1]For statement
of objects and reasons, see Gazette
of India, 1897, Pt. V, p. 175, for Report of the Select Committee, see ibid., 1898, Pt. V, p. 231; and for
Proceedings in Council, see ibid., 1898,
Pt. VI, pp. 10 and 278; and ibid., 1899,
Pt. VI. p. 5.
The Act had been amended in its application
to:-
(1) the Punjab and the N.W.F.P. by the Indian Stamp
(Punjab Amendment) Act, 1922 (Punjab VIII of 1922), the Indian Stamp (Punjab
Amendment) Act, 1924 (Punjab I of 1924) and the Indian Stamp (N.W.F.P.
Amendment) Act, 1948 (N.W.F.P. Act XV of 1948); see also the Punjab Stamp (Amendment) Act, 1935 (Punjab I of 1935),
Punjab Act XIV of 1948, section 2 and Act XI of 1949, section 2, applying only
to the Punjab;
(2) Sind, by the Indian Stamp (
(3) Capital of the Federation, by the Finance Act, 1952 (V of 1952); and
(4) the
It had been applied to Phulera in the
Excluded Area of Upper Tanawal to the extent the Act is applicable in the
N.W.F.P., subject to certain modifications, and extended to the Excluded Area
of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and
subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal Excluded Area) Laws Regulation, 1950.
This Act and all rules, notifications, declaration and orders
made under it which were in force immediately before the first day of April,
1952, had been extended to and brought into force in the State of Bahawalpur,
see the Bahawalpur (Extension of Laws) Order, 1952 (G.G.O. II of 1952).
It had been extended to
It had also been
extended to the Leased areas of
It had also been extended to the Baluchistan
States Union, see G.G.O. XVIII of
1953.
This Act had been amended in its
applications to the
It had further been amended in its
application to the
[2]The word “Indian” omitted by
the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[3]Sub-section (2), substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960).
[4]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[5]Cl. (8)
defining “Chief Controlling Revenue Authority”, repealed by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[6]Substituted by the
[7]Inserted ibid.
[8]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from
[9]Cl. (12-A) defining
“Collecting Government”, inserted by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, and subsequently amended by the Central
Laws (Adaptation) Order, 1961 (A.O. of 1961), Article 2 and schedule, had been omitted
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959).
[10]Cl. (16-A), inserted by the
Indian Stamp (Amendment) Act, 1904 (XV of 1904) section 2.
[11]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from
[12]The word
“and” and sub-clause (c) repealed by the Indian Stamp (Amendment) Act, 1906 (V
of 1906), section 2.
[13]XXVI of 1881.
[14]Added by the Stamp (
[15]Now ‘Federal’, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[16]The word “and” repealed by the
Repealing and Amending Act, 1928 (XVIII of 1928).
[17]Inserted by the Indian Stamp
(Amendment) Act, 1904 (XV of 1904), section 2.
[18]The word “and” and Cl. (25),
inserted by the Repealing and Amending Act, 1928 (XVIII of 1928), section 2 and
schedule
[19]Added by the Central Laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[20]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation”, which had been substituted by the Adaptation of Central
Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “
[21]Inserted by the Indian Finance
Act, 1927 (V of 1927), section 5.
[22]The word “cheque” repealed, ibid.
[23]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation”, which had been substituted by the Adaptation of Central
Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “
[24]Ibid.
[25]The word “cheque” repealed, by
the Indian Finance Act, 1927 (V of 1927).
[26]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation”, which had been substituted by the Adaptation of Central
Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for “
[27]Ibid.
[28]Ibid.
[29]Substituted by the Stamp (
[30]Ibid.
[31]The
[32]X of 1841.
[33]Substituted by the Stamp (
[34]Substituted by the Stamp (
[35]XI of 1879.
[36]Substituted by the Indian
Stamp (Amendment) Act, 1910 (VI of 1910), section 2, for “eight annas per
centum”.
[37]Substituted by the
[38]Inserted by the Stamp (
[39]The original words “The G.G.
in C.” were first substituted by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937 and then amended by the Stamp (West Pakistan
Amendment) Ordinance, 1959 (XLVI of 1959).
[40]Substituted by the Government
of
[41]Ibid,for “
[42]Added by the
[43]Added by corrigendum published
at p. 3029, Gazette of Punjab (Extraordinary), dated
[44]The Banking Tribunals
Ordinance, 1984, (LVIII of 1984).
[45]Substituted
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for
“Collecting Government” which had been substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.
[46]See
the Stamp Rules, 1925.
[47]Substituted
by the Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “the duty of
one anna or half an anna”.
[48]The word “cheques” repealed by
the Indian Finance Act, 1927 (V of 1927), section 5.
[49]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[50]Substituted
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for
“Collecting Government” which had been substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.
[51]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[52]Ibid.
[53]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[54]The word “cheque” repealed by
the Indian Finance Act, 1927 (V of 1927), section 5.
[55]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from
[56]Substituted
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for
“Collecting Government”, which had been substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937, for “G.G. in C”.
[57]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from
[58]Inserted ibid.
[60]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from the 14th October, 1955), for “the Provinces
and the Capital of the Federation”, which had been substituted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Articles 3(2) and 4, for “
[63]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd schedule (with effect from the 14th October, 1955), for “the Provinces
and the Capital of the Federation”, which had been substituted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949),
Articles 3(2) and 4, for “
[66]Substituted by the
[68]For notification prescribing
such rates, see Finance Department (Central
Revenues) Notification No. C. 125-Stamps 25, dated
[69]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and
2nd schedule (with effect from
[70]Inserted by the Indian Stamp
(Amendment) Act, 1904 (XV of 1904), section 3.
[71]Substituted by the Indian
Stamp (Amendment) Act, 1912 (I of 1912), section 3, for “Article No. 5(b)”.
[72]Substituted by the Indian
Stamp (Amendment) Act, 1904 (XV of 1904), section 4, for the original proviso.
[73]The
original words “the Secretary of State in Council” were first substituted by
the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by
the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937
and, then, amended by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI
of 1959).
[74]Ibid.
[75]First added by the Punjab
Finance Act, 1986 (IV of 1986) and then substituted by the Punjab Finance Act
2010 (VI of 2010).
[76]Substituted for the words and
brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment)
Act, 2011 (VI of 2011).
[77]Substituted
by the Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 5, for “No. 6
(Agreement to mortgage)”.
[78]Substituted by the Indian
Stamp (Amendment) Act, 1906 (V of 1906), section 4, for the original Cl. (b).
[79]Inserted by the
[80]Inserted by the Indian Stamp
(Amendment) Act, 1906 (V of 1906).
[81]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “eight annas”.
[82]For refund of this duty in the
case of certain instruments, see the
Stamp (Specified Instruments) Act, 1924 (XIII of 1924), section 3(4).
[83]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[84]Ibid.
[85]Ibid.
[86]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “the duty of an anna or half an
anna”.
[87]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule
(with effect from
[88]V of 1898.
[89]The original words “the G.G.
in C”. were first substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, and then amended by the Stamp (West Pakistan
Amendment) Ordinance, 1959 (XLVI of 1959).
[90]For the purposes of this
section the office of a returning officer appointed for the purposes of an
election to a legislative body constituted under the Government of India Act is
not a public officer, see Gazette of
India, 1920 (Pt. I, p. 2136).
[91]The
original words “the Local Government” were first substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959).
[92]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[93]For modifications of this
provision in respect of instruments to which the Stamps (Specified Instruments)
Act, 1924 (XIII of 1924), applies see section
3 of that Act.
[94]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[95]V of 1898.
[96]The original words “the Govt.”
were first substituted by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937 and then amended by the Stamp (West Pakistan
Amendment) Ordinance, 1959 (XLVI of 1959).
[97]Ibid., for the words “the G.G. in
C.”.
[98]The words
“upon application made to him in this behalf or, if no application is made,
with the consent of the Chief Controlling Revenue Authority” repealed by the
Decentralization Act, 1914 (IV of 1914), section 2 and schedule Pt. I.
[99]For modifications of these
provisions in respect of instruments which the Stamp (Specified Instruments)
Act, 1924 (XIV of 1924), applies see section
3 of that Act.
[100]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[101]Inserted by the Indian Stamp
(Amendment) Act, 1904 (XV of 1904), section 6.
[102]For modifications of these
provisions in respect of instruments to which the Stamp (Specified Instruments)
Act, 1924 (XVIII of 1924), applies see section
3 of that Act.
[103]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[104]XIV of 1882, subsequently
replaced by the Code of Civil Procedure, 1908 (V of 1908).
[105]Substituted by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority” (with effect from
[106]Substituted by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority” (with effect from
[107]Substituted by the Stamp (
[108]The original words “G.G. in
C.” have successively been amended by the Decentralization Act, 1914 (IV of
1914), section 2 and schedule, Pt I, the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937 and the Stamp (West Pakistan Amendment)
Ordinance, 1959 (XLVI of 1959).
[109]Inserted by the Indian Finance
Act, 1927 (V of 1927), section 5.
[110]The word “cheques” repealed ibid.
[111]Substituted by the Indian Finance
Act, 1927 (V of 1927), for “any bill
of exchange”.
[112]The words “or cheque”
repealed, ibid.
[113]The words “or cheque” repealed
by the Indian Finance Act, 1927 (V of 1927).
[114]Substituted by the Indian
Finance Act, 1927 (V of 1927), for “any bill of exchange”.
[115]The words “or cheque” repealed
ibid.
[116]Repealed by the Indian Finance
Act, 1927 (V of 1927).
[117]The word “cheque” repealed ibid.
[118]Ibid.
[119]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and
2nd schedule (with effect from
[120]Ibid.
[121]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling Revenue
Authority”.
[122]Inserted by the
Decentralization Act, 1914 (IV of 1914), section 2 and schedule, Part I.
[123]Substituted, by the Central Laws
(Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling Revenue
Authority”.
[124]Inserted by the Indian Stamp
(Amendment) Act, 1906 (V of 1906), section 6.
[125]Inserted by the Indian Stamp
(Amendment) Act, 1906 (V of 1906), section 6.
[126]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna for each rupee or
fraction of a rupee”.
[127]Ibid.
[128]Substituted by the Government
of
[129]Inserted by the Indian Stamp
(Amendment) Act 1904 (XVI of 1904), section 7.
[130]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority” (with effect from
[131]Ibid.
[132]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority” (with effect from
[133]Deleted by the
[134]Substituted ibid.
[135]Ibid.
[136]The words
“or Chief Court”, as amended by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration) Act,
1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[137]Ibid.
[138]Ibid.
[139]The words
“or Chief Court”, as amended by the Government of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian
Laws) Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration)
Act, 1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[140]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority” (with effect from
[141]Ibid.
[142]V of 1898.
[143]For modification of provisions
in respect of instruments to which the Stamp (Specified Instruments) Act, 1924
(XIII of 1924), applies, see section
3 of that Act.
[144]Inserted by the Indian Finance
Act, 1927 (V of 1927), section 5.
[145]The word “cheque”, repealed by
the Indian Finance Act, 1927 (V of 1927).
[146]Substituted by the
[147]Substituted by the
[148]Ibid.
[149]Ibid.
[150]Ibid.
[151]Substituted by the
[152]Inserted by the Indian Finance
Act, 1927 (V of 1927), section 5.
[153]Substituted by the
[154]Ibid.
[155]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[156]Substituted by the
[157]Substituted by the Government
of
[158]Substituted
by the Stamp (
[159]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority (with effect from
[160]The words “Presidency
Magistrate or”, omitted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949).
[161]The words “or
[162]Ibid.
[163]Substituted, by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), Article 2 and schedule for
“Chief Controlling Revenue Authority (with effect from the 23rd March, 1956).
[164]The words “subject to the
control of the G.G. in C”, repealed by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937.
[165]Substituted by the Stamp (West
Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[166]Substituted
by the Stamp (
[167]See
The Stamp Rules, 1927.
[168]Substituted by the Government
of
[169]Section 76-A, inserted by the
Decentralisation Act, 1914 (IV of 1914), section 2 and schedule.
[170]Substituted by the Government
of
[171]The words “Central Government,
subject to the provisions of section 124(1) of the Government of India Act,
1935 and”, deleted by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI
of 1959).
[172]Substituted by the Central
Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling Revenue
Authority”.
[173]Ibid.
[174]Substituted by the Stamp (
[175]Substituted by the Stamp (West Pakistan Amendment) Act,
1964 (II of 1964), for “four annas”.
[176]Substituted by the
[177]Substituted by the
[178]Ibid.
[179]Ibid.
[180]Substituted by the
[190]Substituted by the
[191]Added by the
[192]Substituted by the
[193]Now ‘Federal Government’, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[194]Substituted by the
[195]Substituted by the
[196]Ibid.
[197]Ibid.
[198]Ibid.
[199]Ibid.
[200]XIX of 1850.
[201]Article 10 deleted by the
Punjab Finance Act, 2004 (XIX of 2004).
[202]Substituted by the
[203]Added by the
[204]Added by the
[205]Substituted for the words
“Three rupees for every one hundred rupees or part thereof for” by the Punjab
Finance Act, 2004 (XIX of 2004).
[206]Deleted by the
[207]Articles 12-A and 12-B added
by the Punjab Finance Act, 1997 (IX of 1997) and deleted by the Punjab Finance
Ordinance, 2000 (III of 2000). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[208]Ibid.
[209]Substituted by the
[210]Substituted by the
[211]Ibid.
[212]XV of 1908.
[213]Substituted by the
[214]Substituted by the
[215]Ibid.
[216]Substituted for the words “The
same duty as on a Conveyance (No.23), for a” by the Punjab Finance Act, 2004
(XIX of 2004).
[217]Substituted by the
[218]Substituted by the
[219]In the original schedule, this
article was omitted by the Indian Finance Act, 1927 (V of 1927). The Punjab
Finance Ordinance, 1969 (VII of 1969), which substituted the schedule has left
it as such.
[220]Substituted by the
[221]Added ibid.
[222]Substituted
by the
[223]Substituted by the
[224]Ibid.
[225]Ibid.
[226]Substituted
by the
[227]The words “per annum” omitted by the Punjab Finance Act
2007 (IV of 2007).
[228]Inserted by
the
[229]Substituted by the
[230]Ibid.
[231]Omitted by the
[232]Substituted
by the
[233]Substituted for the words “The
same duty as on a Conveyance (No.23) for a” by the Punjab Finance Act 2004 (XIX
of 2004).
[234]Substituted for the words “The
same duty as on a Conveyance (No.23) for a” by the Punjab Finance Act 2004 (XIX
of 2004).
[235]Ibid for the words “The same duty
as on a Bond (No.15) for”.
[236]Substituted
by the
[237]Substituted
by the Punjab Finance Act, 2004 (XIX of 2004), for the words “The same duty as
on a Bond (No.15) for”.
[238]Ibid.
[239]Ibid, for the words “The same duty
as is leviable on a Debenture [No.27(b)] for a”.
[240]Substituted, for the words
“The same duty as is leviable on a Debenture [No.27(b)] for a”, by the Punjab
Finance Act, 2004 (XIX of 2004).
[241]Ibid.
[242]Ibid, for the words “The same duty
as is leviable on a Conveyance (No.23) for a”.
[243]Ibid.
[244]Ibid.
[245]Ibid, for the words “four rupees”.
[246]Substituted for the words “The
same duty as is leviable on a Conveyance (No.23) for a” by the Punjab Finance
Act, 2004 (XIX of 2004).
[247]Ibid, for the words “four rupees”.
[248]Substituted by the
[249]Deleted by the
[250]Substituted by the
[251]Deleted by the
[252]Substituted by the Punjab
Finance Act, 2004 (XIX of 2004), for the words “The same duty as on a
Conveyance (No.23) for a”.
[253]Ibid, for the words “The same duty
as on a Bond (No.15) for”.
[254]Inserted by the
[255]Substituted by the Punjab Laws
(Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[256]Substituted by the
[257]Substituted by the
[258]Substituted by the
[259]Ibid.
[260]Substituted by the
[261]Substituted by the
[262]Substituted by the
[263]Substituted for the words
“Three rupees for every one hundred rupees or part thereof for” by the Punjab
Finance Act, 2004 (XIX of 2004).
[264]Ibid, for the words “four rupees”.
[265]Ibid.
[266]Substituted by the
[267]Substituted by the
[268]Substituted by the
[269]Ibid.
[270]Substituted by the
[271]Substituted by the
[272]Substituted by the
[273]Ibid.
[274]Ibid.
[275]Ibid.
[276]Ibid.
[277]Substituted by the
[278]Now ‘Federal Government’, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[279]Substituted by the
[280]Substituted by the
[281]Substituted by the
[282]Substituted for the words “The
same duty as is leviable on a Conveyance (No.23) for” by the Punjab Finance
Act, 2004 (XIX of 2004).
[283]Added by the
[284]Substituted by the
[285]Substituted by the
[286]Inserted by the
[287]Substituted by the
[288]Ibid.
[289]Ibid.
[290]Ibid.
[291]Added by the Punjab Finance
Act, 1998 (VII of 1998) and deleted by the Punjab Finance Ordinance, 2000 (III
of 2000). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic
Republic of Pakistan, 1973, it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[292]Substituted by the
[293]Ibid.
[294]Substituted by the
[295]Substituted for the words
“Four rupees for every one hundred rupees or part thereof for” by the Punjab
Finance Act, 2004 (XIX of 2004).
[296]Substituted by the
[297]Ibid.
[298]Substituted by the
[299]Inserted by the
[300]Substituted for the words “Two
rupees for every one hundred rupees or part thereof” by the Punjab Finance Act,
2004 (XIX of 2004).
[301]Clause (i) re-lettered by the
Punjab Finance Act, 1975 (XL of 1975).
[302]Substituted for the words “The
same duty as on a Bond (No.15) for a” by the Punjab Finance Act, 2004 (XIX of
2004).
[303]Clause (ii) re-lettered the
Punjab Finance Act, 1975 (XL of 1975).
[304]Substituted for the words “The
same duty as is leviable on a Conveyance (No.23) for a” by the Punjab Finance
Act, 2004 (XIX of 2004).
[305]Ibid., for the words “four
rupees”.
[306]Substituted for the words “The
same duty as is leviable on a Conveyance (No.23) for a” by the Punjab Finance
Act, 2004 (XIX of 2004).
[307]Ibid, for the words “fifty
rupees”.
[308]Now the Companies Ordinance,
1984.
[309]Ibid.
[310]Substituted by the
[311]Ibid.
[312]Substituted by the
[313]Substituted by the
[314]Ibid.
[315]Inserted by the
[316]Now ‘Federal Government’, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[317]Substituted for the words “The
same duty as is leviable on Conveyance (No.23) for a” by the Punjab Finance
Act, 2004 (XIX of 2004).
[318]Added by the Punjab Finance
Act, 1998 (VII of 1998), deleted by the Punjab Finance Ordinance, 2000 (III of
2000), and again inserted by the Punjab Finance Act 2008 (I of 2008).
[319]Substituted by the
[320]Substituted by the
[321]Ibid.
[322]Substituted by the