The Stamp Act, 1899
The Stamp Act, 1899
The Stamp Act, 1899
1.
2.
HEADING
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
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 Pakistan.
18.
Instruments other than bills and notes executed out of Pakistan.
19.
Bills and notes drawn out of Pakistan.
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.
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27.
27-A.
28.
29.
30.
31.
32.
CHAPTER III
ADJUDICATION AS TO STAMPS
Adjudication as to proper stamp.
Certificate by Collector.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
Examination and impounding of instruments.
Special provision as to unstamped receipts.
Instruments not duly stamped inadmissible in evidence, etc.
Admission of instrument where not to be questioned.
Admission of improperly stamped instruments.
Instruments impounded how dealt with.
Collectors power to refund penalty paid under section 38, sub-section (1).
Collectors power to stamp instruments impounded.
Instruments unduly stamped by accident.
Endorsement of instruments on which duty has been paid under section 35, 40 or 41.
Prosecution for offence against Stamp-law.
Persons paying duty or penalty may recover same in certain cases.
Power of Revenue Authority to refund penalty or excess duty in certain cases.
Non-liability for loss of instruments sent under section 38.
Power of payer to stamp bills and promissory notes received by him unstamped.
Recovery of duties and penalties.
49.
50.
51.
52.
53.
54.
55.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
Allowance for spoiled stamps.
Application for relief under section 49 when to be made.
Allowance in case of printed forms no longer required by Corporations.
Allowance for misused stamps.
Allowance for spoiled or misused stamps how to be made.
Allowance for stamps not required for use.
Allowance on renewal of certain debentures.
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Revenue Authority.
57.
58.
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59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
Penalty for executing, etc., instrument not duly stamped.
Penalty for failure to cancel adhesive stamp.
Penalty for omission to comply with provisions of section 27.
Penalty for refusal to give receipt, and for devices to evade duty on receipts.
Penalty for not making out policy, or making one not duly stamped.
Penalty for not drawing full number of bills or marine policies purporting to be in sets.
Penalty for post-dating bills, and for other devices to defraud the revenue.
Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
Institution and conduct of prosecutions.
Jurisdiction of Magistrates.
Place of trial.
73.
74.
75.
76.
76-A.
77.
78.
79.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
Books, etc., to be open to inspection.
Power to make rules relating to sale of stamps.
Power to make rules generally to carry out Act.
Publication of rules.
Delegation of certain powers.
Savings as to court-fees.
Act to be translated and sold cheaply.
[Repealed].
SCHEDULE-I
STAMP-DUTY ON INSTRUMENTS
SCHEDULE II
[Repealed]
[1]
(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:http://www.punjablaws.gov.pk/laws/15.html
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CHAPTER I
PRELIMINARY
[2]
1. Short title, extent and commencement. (1) This Act may be called the [* * *] Stamp Act, 1899.
[3]
[(2) It extends to the whole of Pakistan].
(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 mates 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
[4]
force in [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;
[5]
(8)
[*
*
*
*
*
*
*
*
*
*
*
*]
[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
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stamp of not less than the proper amount and that such stamp has been affixed or used in accordance
[8]
with the law for the time being in force in [Pakistan];
(12) executed and execution, used with reference to instruments, mean signed and signature;
[9]
(12-A)
[* * * * * * * * * * * *]
(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
[11]
any stock market in
[Pakistan] or in the United kingdom];
(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
[12]
insurance
[* * *;
(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;
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(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;
[13]
(22) promissory note means a promissory note as defined by the Negotiable Instruments Act, 1881
;
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 Peoples Local Council, a Local Authority, a
[15]
Statutory Corporation or a similar body set up by the
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
[16]
the name of any person;
[* * *]
(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;
[17]
and includes an agreement in writing to make such a disposition
[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
[18]
any such disposition];
[and
(25) soldier includes any person below the rank of non-commissioned officer who is enrolled under the
[19]
Indian Army Act, 1911
[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,
[20]
is executed in
[Pakistan] on or after the first day of July, 1899;
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[21]
[22]
(b) every bill of exchange
[payable otherwise than on demand]
[* * *] or promissory note drawn or
[23]
made out of
[Pakistan] on or after that day and accepted or paid, or presented for acceptance or
[24]
payment, or endorsed, transferred or otherwise negotiated, in
[Pakistan]; and
[25]
(c) every instrument (other than a bill of exchange
[* * *] or promissory note) mentioned in that Schedule,
[26]
which, not having been previously executed by any person, is executed out of
[Pakistan] on or after that
[27]
day, relates to any property situate, or to any matter or thing done or to be done, in
[Pakistan] and is
[28]
received in
[Pakistan]:
Provided that no duty shall be chargeable in respect of
[29]
(1) any instrument executed by, or on behalf of, or in favour of, the
[Government] in cases where, but
[30]
for this exemption, the
[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
[31]
[32]
Merchant Shipping Act, 1894 or under Act XIX of 1838 , or the Registration of Ships Act, 1841
, as
amended by subsequent Acts.
[33]
4. Several instruments used in single transaction of sale, mortgage or settlement.
[(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
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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
[35]
in this Act, any local authority raising a loan under the provisions of the Local Authorities Loan Act, 1879
, 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
[36]
loan, be chargeable with a duty of
[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,
[37]
1897, when such duty has not already been paid or remitted by order issued by the
[Federal Government].
(3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to
[38]
forfeit to the
[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.
[39]
9. Power to reduce, remit or compound duties.
[The Provincial Government] may, by rule or order
[40]
published in the
[Official Gazette]
[41]
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of
[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
[43]
by
[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
[44]
Tribunals Ordinance, 1984
].
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
[45]
(b) when no such provision is applicable thereto, as the
[Provincial Government] may by rules direct.
[46]
(2) The rules
made under sub-section (1) may, among other matters, regulate,
(a) in the case of each kind of instrumentthe description of stamps which may be used;
(b) in the case of instruments stamped with impressed stampsthe number of stamps which may be
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used;
(c) in the case of bills of exchange or promissory notes written in any Oriental languagethe size of the paper
on which they are written.
11. Use of adhesive stamps. The following instruments may be stamped with adhesive stamps, namely:[47]
(a) instruments chargeable with
[a duty not exceeding twenty-five paisa], except parts of bills of
exchange payable otherwise than on demand and drawn in sets;
[48]
[49]
(b) bills of exchange,
[* * *] and promissory notes drawn or made out of
[Pakistan];
(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
[50]
the
[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]
[Pakistan] shall be stamped before or at the time of execution.
[52]
18. Instruments other than bills and notes executed out of
[Pakistan]. (1) Every instrument chargeable
[53]
[54]
with duty executed only out of
[Pakistan], and not being a bill of exchange,
[* * *] or promissory note, may
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[55]
be stamped within three months after it has been first received in
[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
[56]
shall stamp the same, in such manner as the
[Provincial Government] may by rule prescribe, with a stamp of
such value as the person so taking such instrument may require and pay for.
[57]
[58]
19. Bills and notes drawn out of Pakistan. The first holder in
[Pakistan] of any bill of exchange,
[59]
[60]
[payable otherwise than on demand]
[* * *] or promissory note drawn or made out of
[Pakistan] shall,
before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same
[61]
in
[Pakistan], affix thereto the proper stamp and cancel the same:
Provided that,
[62]
(a) if, at the time any such bill of exchange,
[* * *] 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
[64]
valorem duty in respect of any money expressed in any currency other than that of
[Pakistan], such duty shall be
[65]
calculated on the value of such money in the currency of
[Pakistan] according to the current rate of exchange on the
day of the date of the instrument.
[66]
[67]
(2) The
[Federal Government] may, from time to time, by notification in the
[Official Gazette],
[68]
[69]
prescribe
a rate of exchange for the conversion of British or any foreign currency into the currency of
[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)
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(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
[71]
under
[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 conveyancethe 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 conveyancethe 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 subjectmatter 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:
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[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,
[73]
(a) when the lease has been granted by or on behalf of
[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
[74]
of royalty or share to
[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
[76]
[Articles 23, 27-A 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
[77]
immovable property, appears to be excessive, the
[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
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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 subpurchaser 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),
[78]
[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:
[79]
[(b) in the case of a policy of insurance other than fire-insuranceby the person effecting the insurance:
(bb) in the case of a policy of fire-insuranceby the person issuing the policy];
[80]
(c) in the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee
[and grantor in equal shares] in the case of a lease or agreement to leaseby the lessee or intended
lessee:
(d) in the case of a counterpart of a leaseby the lessor:
(e) in the case of an instrument of exchangeby the parties in equal shares:
(f) in the case of a certificate of saleby the purchaser of the property to which such certificate relates;
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and,
(g) in the case of an instrument of partitionby 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 Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator
directs.
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.
[81]
[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
[82]
duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees) and not less than
[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
[83]
respect of the instrument, is equal to the duty so determined, has been paid,
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:
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Provided that nothing in this section shall authorise the Collector to endorse
[84]
(a) any instrument executed or first executed in
[Pakistan] and brought to him after the expiration of one
month from the date of its execution or first execution, as the case may be;
[85]
(b) any instrument executed or first executed out of
[Pakistan] and brought to him after the expiration of
[86]
three months after it has been first received in
[Pakistan]; or
[87]
(c) any instrument chargeable with
[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
[88]
in
[Pakistan] when such instrument was executed or first executed:
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
[89]
Procedure, 1898
;
(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,
[90]
[91]
(a)
[the Provincial Government] may determine
what offices shall be deemed to be public
offices; and
[92]
(b)
[the Provincial Government] may determine who shall be deemed to be persons in charge of
public offices.
[93]
34. Special provision as to unstamped receipts. Where any receipt chargeable with a duty
[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
[94]
[95]
(a) any such instrument not being an instrument chargeable with a duty
[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
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insufficiently stamped, of the amount required to make up such duty, together with a penalty of fiverupees, 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
[96]
Criminal Procedure, 1898
;
(e) nothing herein contained shall prevent the admission of any instrument in any Court when such
[97]
instrument has been executed by or on behalf of
[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.
[98]
37. Admission of improperly stamped instruments.
[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. Collectors power to refund penalty paid under section 38, sub-section (1). (1) When a copy of an
[99]
instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit,
[* * *] 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.
[100]
40. Collectors 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
[101]
chargeable with a duty
[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
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[102]
rupees; or, if he thinks fit,
[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.
[103]
41. Instruments unduly stamped by accident. If any instrument chargeable with duty and not duly
[104]
stamped, not being an instrument chargeable with a duty of
[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;
[105]
(b) nothing in this section shall affect the
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.
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(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
[106]
is paid under section 35 or section 40, the
[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.
[107]
(2) Where, in the opinion of the
[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.
[108]
[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 landrevenue.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
[109]
49. Allowance for spoiled stamps. Subject to such rules as may be made by the
[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:
[110]
[111]
(c) in the case of bills of exchange
[payable otherwise than on demand]
[* * *] or promissory
notes
[112]
[113]
(1) the stamp on
[any such bill of exchange]
[* * *] 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
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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
[114]
[* * *] 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:
[115]
[116]
(3) the stamp used or intended to be used for
[any such bill of exchange]
[* * *] or promissory
note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled
[117]
or rendered useless, although the same, being a bill of exchange
[* * *], may have been presented for
acceptance or accepted or endorsed, or, being a promissory note, may have been delivered to the payee:
[118]
provided that another completed and duly stamped bill of exchange
[* * *] or promissory note is
produced identical in every particular, except in the correction of such omission or error as aforesaid, with
[119]
the spoiled bill
[* * *] 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:
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Provided that,
[120]
(a) when the spoiled instrument has been for sufficient reasons sent out of
[Pakistan], the application
[121]
may be made within six months after it has been received back in
[Pakistan]:
(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.
[122]
51.
Allowance in case of printed forms no longer required by Corporations. The
[Chief Revenue
[123]
[124]
Authority]
[or the Collector if empowered by the
[Chief Revenue Authority] in this behalf] may, without limit
[125]
of time, make allowance for stamped papers used for printed form of instruments
[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
[126]
said
[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,
[127]
(c) at his discretion, the same value in money, deducting
[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
[128]
[ten per centum of the value] upon such person delivering up the same to be cancelled, and proving to the
Collectors 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
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shall be less:
Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the
[129]
[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
[130]
Collector under Chapter IV and Chapter V
[and under clause (a) of the first proviso to section 26] shall in all
[131]
cases be subject to the control of the
[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
[132]
thereon, for the decision of the
[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.
[133]
57.
Statement of case by Chief Revenue Authority to High Court. (1) The
[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,
[134]
(a)
[*
*
*
*
*
*
*
*
*
*
*
*]
[135]
[136]
(b) if the case arises in
[any Province], to the High Court of
[the Province].
[137]
(2) Every such case shall be decided by not less than three Judges of the High Court
[* * *] to which
it is referred, and in case of difference, the opinion of the majority shall prevail.
[138]
58. Power of High Court to call for further particulars as to case stated. If the High Court
[* * *]
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
[139]
[* * *], 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
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Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court
[140]
[141]
[* * *] to which, if he were the
[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
[142]
judgment under the seal of the Court and the signature the Registrar to the
[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
[143]
Chapter XXXVI of the Code of Criminal Procedure, 1898
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
[144]
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
[145]
[146]
negotiating, any bill of exchange
[payable otherwise than on demand]
[* * *] 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;
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[147]
shall for every such offence be punishable with fine which may extend to
[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
[148]
be punishable with fine which may extend to
[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
[149]
fine which may extend to
[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;
[150]
shall be punishable with fine which may extend to
[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;
[151]
shall be punishable with fine which may extend to
[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;
[152]
shall be punishable with fine which may extend to
[four hundred] rupees.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets. Any person
[153]
drawing or executing a bill of exchange
[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
[154]
punishable with fine which may extend to
[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
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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;
[155]
shall be punishable with fine which may extend to
[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
[156]
(b) any person not so appointed who sells or offers for sale any stamp other than
[five paisa, fifteen
paisa, or twenty-five paisa revenue] adhesive stamp;
[157]
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to
[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
[158]
[159]
officer as
[the
[Provincial Government]] generally, or the Collector specially, authorises in that behalf.
[160]
(2) The
[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.
[161]
71. Jurisdiction of Magistrates. No Magistrate other than
[* * *] a Magistrate whose powers are
not less than those of a Magistrate of the second class, shall try any offence under this Act.
[162]
72. Place of trial. Every such offence committed in respect of any instrument may be tried in any district
[163]
[* * *] in which such instrument is found as well as in any district
[* * *] 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.
[164]
[165]
74. Power to make rules relating to sale of stamps. The
[Provincial Government]
[* * *] 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:
[166]
Provided that such rules shall not restrict the sale of
[five paisa, fifteen paisa or twenty-five paisa
revenue] adhesive stamps.
[167]
75.
Power to make rules generally to carry out Act. The
[Provincial Government] may make
[168]
rules
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.
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[169]
Publication of rules.
[(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.
[170]
[171] [172]
[76-A. Delegation of certain powers.
[
[* * *] The Provincial Government, may by the
notification in the Official Gazette] delegate:[173]
(a) all or any of the powers conferred on it by sections 2 (9), 33 (3) (b), 70 (1), 74 and 78 to the
[Chief Revenue Authority]; and
[174]
(b) all or any of the powers conferred on the
[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.
[175]
78. Act to be translated and sold cheaply. Every
[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
[176]
price not exceeding
[twenty-five paisa] per copy.
79. [Repeal]. Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule
II.
76.
[177]
[SCHEDULE I
STAMP-DUTY ON INSTRUMENTS
(SEE SECTION 3)
Sr.
No.
1.
2.
Description of Instrument
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 bankers
pass-book or on a separate piece of paper when such book or paper
is left in the creditors 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:[178]
[(a) where such amount does not exceed two thousand
rupees.
(b) where such amount exceeds two thousand rupees but does
not exceed ten thousand rupees.
(c) where such amount exceeds ten thousand rupees.
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;
(b) in any other case
3.
Proper Stamp-duty
One rupee.
Two rupees.
Five rupees].
ADOPTION DEED, that is to say, any instrument (other than a will) [180]
[One hundred] rupees.
recording an adoption or conferring or purporting to confer an
authority to adopt.
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4.
5.
[195]
[6.
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7.
8.
9.
Exemptions
Instrument of apprenticeship executed by a Magistrate under the
[201]
Apprentices Act, 1850
, or by which a person is apprenticed
by or at the charge of any public charity.
[202]
[10.
11.
[204]
[11-A
[205]
[11-B
12.
****
* * * * * *]
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[206] [207]
[
[Three percent] of] the amount
or value of the property to which the award
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12-A
12-B
13.
[209]
[* * * * * * * * * * * * * * * *
[210]
* * * * * * * * * * * *]
[* * * * * * * * * * * * * * * *
BILL OF EXCHANGE as defined by section 2(2) not being BOND,
bank note or currency note
[211]
[(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
(ii) if drawn in set of two or more, for each part of the set.
(b) where payable more than one year after date or sight
[212]
[If drawn singly;
If drawn in set of two, for each part of the set;
14.
[215]
[15.
16.
17.
[208]
[* *
[213]
[Ten rupees].
Fifteen rupees.
Fifteen rupees]
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18.
19.
20.
21.
22.
[224]
[22-A.
[217]
[CERTIFICATE OF SALE (in respect of each property put up as a
separate lot and sold) granted to the purchaser of any property sold by
public auction by a Civil or Revenue Court, or Collector or other
Revenue Officer.
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.
[218] [219]
[
[Three
percent]
of
the]
consideration equal to the amount of the
purchase money].
[220]
[Five] rupees.
(ii) where it exceeds fifty thousand rupees but does not exceed
five lac rupees.
(iii) where it exceeds five lac rupees but does not exceed fifteen
lac rupees.
(iv) where it exceeds fifteen lac rupees but does not exceed
twenty five lac rupees.
(v) where it exceeds twenty five lac rupees.
(b) to procure stores and materials
[230]
[23.
24.
[226]
[Five hundred rupees].
[227]
[One thousand rupees].
[228]
[Fifteen hundred rupees].
[229]
[Two thousand rupees].
Twenty-five paisas for every one hundred
rupees or part thereof of the amount of the
contract].
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[232]
[Ten] rupees.
25.
26.
[235]
[27.
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.
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 The same duty as is leviable on the
not exceed four rupees;
original.
(b) In any other case
[233]
[Ten] rupees.
Exemption
Counterpart of any lease granted to cultivator when such lease is
exempted from duty.
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
[234]
[One hundred] rupees.
DEBENTURE OR PARTICIPATION TERM CERTIFICATE OR One-twentieth of one percent, that is to say,
TERM FINANCE CERTIFICATE OR ANY OTHER INSTRUMENT
[236]
0.05% of the face value
[* * *] subject
OF REDEEMABLE CAPITAL OTHER THAN A COMMERCIAL
to a maximum of one million rupees.
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.
[237]
[27-A.
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29.
30.
[242]
[31.
32.
(b)
34.
property.
The same duty as on a Security Bond (No.
57) for the same amount.
35.
(ii) where the lease purports to be for a term of not less than [250]
[Two percent of] the amount or value
one year but not more than three years.
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(b) (i) where the lease is granted for money advanced and where [254]
[Two percent of the] consideration
no rent is reserved.
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 [255]
[Two percent of the] consideration
no rent is reserved.
(c) (i) where the lease is granted for money advanced in addition to [256]
[Two percent of the] consideration
rent reserved:
[257]
(ii) where the lease is granted for a fine or premium in addition to [258]
[Two percent of the] consideration equal
rent reserved.
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
[259]
Exemption
36.
37.
[261]
[* * * * * * * * * * * *
38.
[263]
[39.
40.
* * * * * * *]
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Ten rupees.
Ten rupees.
[268]
One-fifth of one percent, that is to say, 0.2%
[(d) (i)
mortgage with banking companies, that is to say, simple or
of the loan amount subject to a maximum of
legal mortgage for banking companies or other financial institutions,
one hundred thousand rupees.
when the entire finance is not based on interest; and
(ii) in any other case.
One-fifth of one percent, that is to say, 0.2%
of the loan amount.]
Exemptions
(1)
41.
42.
43.
44.
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45.
[276]
[Five] rupees.
[277]
[280]
[(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].
[281]
46.
PARTNERSHIP A-INSTRUMENT OF
(a)
[282] [283]
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[284]
[One thousand rupees].
B-DISSOLUTION OF
47.
[285]
[Three rupees.
Three rupees.
Three rupees
Three rupees
Five rupees
Three rupees]
[287]
[Five rupees].
[288]
[Eight rupees].
(2) in respect of each receipt for any payment of a premium on any One-half of the duty payable in respect of the
renewal of an original policy.
original policy in addition to the amount, if any,
chargeable under No. 53.
[289]
[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 [290]
[Three rupees]; provided that, in case of a
payable in the case of any single accident or sickness where such
policy of insurance against death by accident
amount does not exceed Rs.2,000 and also where such amount
when the annual premium payable does not
exceeds Rs.2,000 for every Rs.2,000 or part thereof.
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 [291]
[Three rupees].
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[292]
[Three rupees.
Three rupees.
if drawn singly
if drawn in duplicate for each part
Exemption
Policies of life insurance granted by the Director-General of Post
Offices in accordance with rules for Postal Life Insurance issued
[293]
under the authority of the
Central Government.
F-RE-INSURANCE BY AN INSURANCE COMPANY WHICH HAS
GRANTED A POLICY OF THE NATURE SPECIFIED IN DIVISION
A OR DIVISION B OF THIS ARTICLE WITH ANOTHER
COMPANY BY WAY OF INDEMNITY OR GUARANTEE
AGAINST THE PAYMENT ON THE ORIGINAL INSURANCE OF
A CERTAIN PART OF THE SUM INSURED THEREBY.
General Exemption
Letter of cover or engagement to issue a policy of insurance:
48.
49.
Three rupees.
Three rupees].
[299]
[(bb) when given without consideration for authorising the
attorney to sell any immovable property.]
(c) in any other case.
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.
PROMISSORY NOTE as defined by section 2(22)
[301]
[(a) when payable on demand
(i) when the amount or value does not exceed Rs.
2,50,000/(ii) When the amount or value exceeds Rs. 2,50,000/- but
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of the consideration.
[300]
[Twelve hundred rupees].]
Ten rupees for each person authorized.]
Thirty rupees.
Sixty rupees.
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50.
51.
52.
53.
Five rupees].
* * * * * * * * * * * *]
(f)
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54.
[311]
[55.
56.
57.
(a) when the amount secured does not exceed Rs. 1,000;
(b) in any other case.
[314]
[Thirty rupees].
[315]
[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)
[316]
58.
SETTLEMENT
A-Instrument of (including a deed of dower)
[317]
[318]
[(i) where the settlement is made in favour of legal heirs in respect
[Three percent] of the value of the
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of agricultural land.
property.]
[319]
[320] [321]
[(ii)]
where the settlement is made for a religious or
[
[Three percent] of the] sum equal
charitable purpose;
to the amount or value of the property settled.
[322]
[323] [324]
[(iii)] in any other case.
[
[Three
percent]
of
the]
consideration equal to the amount or value of
the property settled:
Exemption
Provided that, where an agreement to settle is
Deed of dower executed on the occasion of marriage between stamped with the stamp required for an
Muslims.
instrument of settlement, and an instrument
of settlement in pursuance of such agreement
is subsequently executed, the duty on such
[325]
B-Revocation of
[326]
59.
[327]
[one hundred
Exemption
Share warrant when issued by a company in pursuance of the
[329]
Companies Act, 1913
, section 30, to have effect only upon
payment, as composition for that duty, to the Collector of Stamp
revenue of
(a) one and a half per centum of the whole subscribed capital of the
company; or
(b) if any company which has paid the said duty or composition in full
subsequently issues an addition to its subscribed capitalone and a half
per centum of the additional capital so issued.
60.
61.
62.
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corporate;
[332]
[(b)
of Debenture or Participation Term Certificate or Term Finance
0.1% of the face value of the instrument.]
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
of any trust-property without consideration from one trustee to Twenty rupees or such smaller amount as
another trustee or from a trustee to a beneficiary.
may be chargeable under clauses (a) to (c) of
this Article.
[335]
Nil.]
[(f)
of a promissory note, including a commercial paper,
when payable otherwise than on demand..
Exemptions
Transfers by endorsement
63.
[339]
[63-A
[341]
64.
TRUST
A. Declaration ofof, or concerning any property when made by The same duty as on a Bond (No. 15) for a
any writing not being a WILL.
sum equal to the amount or value of the
property concerned as set forth in the
[342]
instrument but not exceeding
[two
hundred rupees.]
B. Revocation of, or concerning any property when made by any The same duty as on a bond (No. 15) for a
instrument other than a WILL.
sum equal to the amount of value of the
property concerned as set forth in the
instrument but not exceeding
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[343]
[two
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65.
hundred rupees.]
See also SETTLEMENT (No. 58). VALUATION
See APPRAISEMENT (No. 8).
WARRANT FOR GOODS, that is to say, any instrument evidencing the title of [344]
[Five] rupees.]
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.
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.
T he 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 (Sind Amendment) Act, 1938 (Sind XII of 1938);
(3) Capital of the Federation, by the Finance Act, 1952 (V of 1952); and
(4) the P rovince of West P akistan (except the Capital of the Federation) by the West P akistan (Adaptation and Repeal of Laws) Act, 1957
(XVI of 1957), section 3(3) and 3rd schedule (with effect from 14-10-55).
It had been applied to P hulera in the Excluded Area of Upper T anawal 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 T anawal (N.W.F.P .) other than P hulera with effect from such date and subject to
such modifications as may be notified, see N.W.F.P . (Upper T anawal Excluded Area) Laws Regulation, 1950.
T his 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 Khairpur State, see the Khairpur (Federal Laws) (Second Extension) Order, 1953 (G.G.O. XV of 1953).
It had also been extended to the Leased areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. III of 1950); and applied in the
Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It had also been extended to the Baluchistan States Union, see G.G.O. XVIII of 1953.
T his Act had been amended in its applications to the P rovince of West P akistan by the Stamp (West P akistan Amendment) Ordinance, 1959
(XLVI of 1959) (with effect from the 15th August, 1959).
It had further been amended in its application to the P rovince of West P akistan by the Stamp (West P akistan Amendment) Act, 1964 (II of
1964), section 2.
[2]
T he 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 the 14th
October, 1955), for the P rovinces 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 British India.
[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]
[7]
[8]
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 British India.
[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 P akistan Amendment) Ordinance, 1959 (XLVI of
1959).
[10]
Cl. (16-A), inserted by the Indian Stamp (Amendment) Act, 1904 (XV of 1904) section 2.
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[11]
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 British India.
[12]
T he word and and sub-clause (c) repealed by the Indian Stamp (Amendment) Act, 1906 (V of 1906), section 2.
[13]
XXVI of 1881.
[14]
[15]
Now Federal, see the Federal Adaptation of Laws Order, 1975 (P .O. 4 of 1975).
[16]
T he 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]
T he 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 the 14th October,
1955).
[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 P rovinces 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 British India.
[21]
[22]
[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 P rovinces 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 British India.
[24]
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 P rovinces 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 British India.
[25]
[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 P rovinces 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 British India.
[27]
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 P rovinces 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 British India.
[28]
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 P rovinces 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 British India.
[29]
Substituted by the Stamp (West P akistan Amendment) Ordinance, 1959 (XLVI of 1959), for Crown.
[30]
Substituted by the Stamp (West P akistan Amendment) Ordinance, 1959 (XLVI of 1959), for Crown.
[31]
[32]
X of 1841.
[33]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964).
[34]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964).
[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 P unjab Laws (Adaptation) Order, 1974 (P b. A.O. 1 of 1974), for Central Government.
[38]
Inserted by the Stamp (West P akistan Amendment) Ordinance, 1959 (XLVI of 1959).
[39]
T he original words T he G.G. in C. were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
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by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and then amended by the Stamp (West P akistan
Amendment) Ordinance, 1959 (XLVI of 1959).
[40]
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 Gazette of India.
[41]
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 British India.
[42]
[43]
[44]
[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 Governor General in Council.
[46]
[47]
Substituted by the Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for the duty of one anna or half an anna.
[48]
T he 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 the 14th
October, 1955), for the P rovinces 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 British India.
[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 Governor General in Council.
[51]
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 P rovinces 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 British India.
[52]
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 P rovinces 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 British India.
[53]
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 P rovinces 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 British India.
[54]
T he 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 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 British India.
[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 Governor General in Council.
[57]
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 British India.
[58]
Inserted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with effect from the 14th October, 1955).
[59]
T he word cheque repealed by the Indian Finance Act, 1927 (V of 1927), section 5.
[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 British India.
[61]
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 British India.
[62]
T he word cheque repealed by the Indian Finance Act, 1927 (V of 1927), section 5.
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[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 British India.
[64]
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 British India.
[65]
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 British India.
[66]
Substituted by the P unjab Laws (Adaptation) Order, 1974 (P b. A.O. 1 of 1974) for Central Government.
[67]
Substituted by the P unjab Laws (Adaptation) Order, 1974 (P b. A.O. 1 of 1974), for Gazette of India.
[68]
For notification prescribing such rates, see Finance Department (Central Revenues) Notification No. C. 125-Stamps 25, dated 18-9-25
(Gazette of India, 1925, P t. I, p. 886), as amended by Notification No. 8-Stamps, dated 7-11-31.
[69]
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), Acts 3(2) and 4, for British India.
[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]
T he 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]
T he 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).
[75]
First added by the P unjab Finance Act, 1986 (IV of 1986) and then substituted by the P unjab Finance Act 2010 (VI of 2010).
[76]
Substituted for the expression Articles 23, 31 or 33 by the P unjab Finance Act 2012 (XLI of 2012).
[77]
Substituted for the words and brackets Executive District Officer (Revenue) by the P unjab Laws (Amendment) Act, 2011 (VI of 2011).
[78]
Substituted by the Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 5, for No. 6 (Agreement to mortgage).
[79]
Substituted by the Indian Stamp (Amendment) Act, 1906 (V of 1906), section 4, for the original Cl. (b).
[80]
[81]
[82]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for eight annas.
[83]
For refund of this duty in the case of certain instruments, see the Stamp (Specified Instruments) Act, 1924 (XIII of 1924), section 3(4).
[84]
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 P rovinces 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 British India.
[85]
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 P rovinces 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 British India.
[86]
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 P rovinces 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 British India.
[87]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for the duty of an anna or half an anna.
[88]
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 P rovinces and the Capital of the Federation, which had been substituted by the Adaptation of Central Acts and
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Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3(2) and 4, for British India.
[89]
V of 1898.
[90]
T he original words the Governor General 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
P akistan Amendment) Ordinance, 1959 (XLVI of 1959).
[91]
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 (P t. I, p. 2136).
[92]
T he 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).
[93]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[94]
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.
[95]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[96]
V of 1898.
[97]
T he 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 P akistan Amendment)
Ordinance, 1959 (XLVI of 1959).
[98]
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 the words the Governor General in Council.
[99]
T he 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.
[100]
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.
[101]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[102]
Inserted by the Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 6.
[103]
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.
[104]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[105]
XIV of 1882, subsequently replaced by the Code of Civil P rocedure, 1908 (V of 1908).
[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 the 23rd March, 1956).
[107]
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).
[108]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964).
[109]
T he original words Governor General in Council have successively been amended by the Decentralization Act, 1914 (IV of 1914), section 2
and schedule, P t 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 P akistan Amendment) Ordinance, 1959 (XLVI of 1959).
[110]
[111]
T he word cheques repealed by the Indian Finance Act, 1927 (V of 1927), section 5.
[112]
Substituted by the Indian Finance Act, 1927 (V of 1927), for any bill of exchange.
[113]
[114]
[115]
Substituted by the Indian Finance Act, 1927 (V of 1927), for any bill of exchange.
[116]
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[117]
[118]
[119]
[120]
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 P rovinces 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 British India.
[121]
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 P rovinces 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 British India.
[122]
Substituted, by the Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for Chief Controlling Revenue Authority.
[123]
Inserted by the Decentralization Act, 1914 (IV of 1914), section 2 and schedule, P art I.
[124]
Substituted, by the Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for Chief Controlling Revenue Authority.
[125]
[126]
[127]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna for each rupee or fraction of a rupee.
[128]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna for each rupee or fraction of a rupee.
[129]
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 Governor General in Council.
[130]
Inserted by the Indian Stamp (Amendment) Act 1904 (XVI of 1904), section 7.
[131]
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).
[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 the 23rd March, 1956).
[133]
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).
[134]
[135]
[136]
[137]
T he 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).
[138]
T he 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).
[139]
T he 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]
T he 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).
[141]
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).
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[142]
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).
[143]
V of 1898.
[144]
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.
[145]
[146]
[147]
[148]
[149]
[150]
[151]
[152]
[153]
[154]
[155]
[156]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[157]
[158]
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 the Local Government.
[159]
Substituted by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for Collecting Government.
[160]
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).
[161]
T he words P residency Magistrate or, omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[162]
T he words or P residency T own, repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 3 and 2nd
Schedule.
[163]
T he words or P residency T own, repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), section 3 and 2nd
Schedule.
[164]
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).
[165]
T he words subject to the control of the Governor General in Council, 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.
[166]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for one anna or half an anna.
[167]
Substituted by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for Collecting Government.
[168]
[169]
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 the original sub-section.
[170]
Section 76-A, inserted by the Decentralisation Act, 1914 (IV of 1914), section 2 and schedule.
[171]
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.
[172]
T he words Central Government, subject to the provisions of section 124(1) of the Government of India Act, 1935 and, deleted by the
Stamp (West P akistan Amendment) Ordinance, 1959 (XLVI of 1959).
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[173]
Substituted by the Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for Chief Controlling Revenue Authority.
[174]
Substituted by the Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for Chief Controlling Revenue Authority.
[175]
Substituted by the Stamp (West P akistan Amendment) Ordinance, 1959 (XLVI of 1959), for Collecting Government.
[176]
Substituted by the Stamp (West P akistan Amendment) Act, 1964 (II of 1964), for four annas.
[177]
[178]
[179]
[180]
[181]
Substituted for the words T wenty rupees, by the P unjab Finance Act 2014 (XVII of 2014).
[182]
VIII of 1911.
[183]
XXIX of 1952.
[184]
XIV of 1932.
[185]
VI of 1953.
[186]
[187]
[188]
[189]
[190]
[191]
Substituted for the words One hundred rupees, by the P unjab Finance Act 2014 (XVII of 2014).
[192]
[193]
[194]
Now Federal Government, see the Federal Adaptation of Laws Order, 1975 (P .O. 4 of 1975).
[195]
[196]
[197]
[198]
[199]
[200]
[201]
XIX of 1850.
[202]
[203]
[204]
[205]
[206]
Substituted for the words T hree rupees for every one hundred rupees or part thereof for by the P unjab Finance Act, 2004 (XIX of 2004).
[207]
Substituted for the words T wo percent by the P unjab Finance Act, 2014 (XVII of 2014).
[208]
[209]
Article 12-A added by the P unjab Finance Act, 1997 (IX of 1997) and deleted by the P unjab Finance Ordinance, 2000 (III of 2000). Under
Article 5A of the P rovisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic
Republic of P akistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.
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[210]
Article 12-B added by the P unjab Finance Act, 1997 (IX of 1997) and deleted by the P unjab Finance Ordinance, 2000 (III of 2000). Under
Article 5A of the P rovisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic
Republic of P akistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.
[211]
[212]
[213]
[214]
XV of 1908.
[215]
[216]
Substituted for the words Fifty rupees, by the P unjab Finance Act, 2014 (XVII of 2014).
[217]
[218]
Substituted for the words T he same duty as on a Conveyance (No.23), for a by the P unjab Finance Act, 2004 (XIX of 2004).
[219]
Substituted for the words Two percent, by the P unjab Finance Act 2014 (XVII of 2014).
[220]
[221]
[222]
In the original schedule, this article was omitted by the Indian Finance Act, 1927 (V of 1927). T he P unjab Finance Ordinance, 1969 (VII of
1969), which substituted the schedule has left it as such.
[223]
[224]
[225]
Substituted for the words One hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[226]
Substituted for the words T wo hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[227]
Substituted for the words Five hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[228]
Substituted for the words Seven hundred and fifty rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[229]
Substituted for the words One thousand rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[230]
[231]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[232]
[233]
[234]
[235]
[236]
T he words per annum omitted by the P unjab Finance Act 2007 (IV of 2007).
[237]
[238]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[239]
[240]
Substituted for the words T hirty rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[241]
[242]
[243]
Substituted for the words two percent, by the Punjab Finance Act 2014 (XVII of 2014).
[244]
Substituted for the words T he same duty as on a Conveyance (No.23) for a by the P unjab Finance Act 2004 (XIX of 2004).
[245]
Substituted for the words T he same duty as on a Conveyance (No.23) for a by the P unjab Finance Act 2004 (XIX of 2004).
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[246]
Substituted for the words T he same duty as on a Bond (No.15) for by the P unjab Finance Act 2004 (XIX of 2004).
[247]
[248]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[249]
Substituted by the Punjab Finance Act, 2004 (XIX of 2004), for the words T he same duty as on a Bond (No.15) for.
[250]
Substituted by the Punjab Finance Act, 2004 (XIX of 2004), for the words T he same duty as on a Bond (No.15) for.
[251]
Substituted by the Punjab Finance Act, 2004 (XIX of 2004), for the words T he same duty as is leviable on a Debenture [No.27(b)] for a.
[252]
Substituted, for the words T he same duty as is leviable on a Debenture [No.27(b)] for a, by the P unjab Finance Act, 2004 (XIX of 2004).
[253]
Substituted, for the words T he same duty as is leviable on a Debenture [No.27(b)] for a, by the P unjab Finance Act, 2004 (XIX of 2004).
[254]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[255]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[256]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[257]
Substituted for the words four rupees by the P unjab Finance Act, 2004 (XIX of 2004).
[258]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[259]
Substituted for the words four rupees by the P unjab Finance Act, 2004 (XIX of 2004).
[260]
[261]
Deleted by the P unjab Finance Ordinance, 2000 (III of 2000). Under Article 5A of the P rovisional Constitution Order 1999 (I of 1999), as
amended, read with Article 270AA of the Constitution of the Islamic Republic of P akistan, 1973, it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[262]
[263]
[264]
Substituted for the words T he same duty as on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[265]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[266]
Substituted for the words T he same duty as on a Bond (No.15) for by the P unjab Finance Act, 2004 (XIX of 2004).
[267]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[268]
[269]
Substituted by the P unjab Laws (Adaptation) Order, 1974 (P b. A.O. 1 of 1974), for West P akistan.
[270]
[271]
[272]
[273]
[274]
[275]
[276]
[277]
Substituted for the words T hree rupees for every one hundred rupees or part thereof for by the P unjab Finance Act, 2004 (XIX of 2004).
[278]
Substituted for the words four rupees by the P unjab Finance Act, 2004 (XIX of 2004).
[279]
Substituted for the words four rupees by the P unjab Finance Act, 2004 (XIX of 2004).
[280]
[281]
[282]
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[283]
Substituted for the words One hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[284]
Substituted for the words Five hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[285]
[286]
[287]
[288]
[289]
[290]
[291]
[292]
[293]
Now Federal Government, see the Federal Adaptation of Laws Order, 1975 (P .O. 4 of 1975).
[294]
[295]
[296]
[297]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for by the P unjab Finance Act, 2004 (XIX of 2004).
[298]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[299]
[300]
Substituted for the words One thousand rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[301]
[302]
[303]
[304]
[305]
[306]
[307]
[308]
Added by the P unjab Finance Act, 1998 (VII of 1998) and deleted by the P unjab Finance Ordinance, 2000 (III of 2000). Under Article 5A
of the P rovisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of
P akistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.
[309]
[310]
[311]
[312]
Substituted for the words Four rupees for every one hundred rupees or part thereof for by the P unjab Finance Act 2004 (XIX of 2004).
[313]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[314]
[315]
[316]
[317]
[318]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[319]
Clause (i) re-lettered by the P unjab Finance Act, 1975 (XL of 1975).
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[320]
Substituted for the words T he same duty as on a Bond (No.15) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[321]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[322]
Clause (ii) re-lettered the P unjab Finance Act, 1975 (XL of 1975).
[323]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[324]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[325]
Substituted for the words four rupees by the P unjab Finance Act 2004 (XIX of 2004).
[326]
Substituted for the words T he same duty as is leviable on a Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[327]
Substituted for the words fifty rupees by the P unjab Finance Act, 2004 (XIX of 2004).
[328]
[329]
[330]
[331]
[332]
[333]
[334]
[335]
[336]
Now Federal Government, see the Federal Adaptation of Laws Order, 1975 (P .O. 4 of 1975).
[337]
Substituted for the words T he same duty as is leviable on Conveyance (No.23) for a by the P unjab Finance Act, 2004 (XIX of 2004).
[338]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[339]
Added by the P unjab Finance Act, 1998 (VII of 1998), deleted by the P unjab Finance Ordinance, 2000 (III of 2000), and again inserted by
the P unjab Finance Act 2008 (I of 2008).
[340]
Substituted for the words T wo percent, by the Punjab Finance Act 2014 (XVII of 2014).
[341]
[342]
Substituted for the words one hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[343]
Substituted for the words one hundred rupees, by the Punjab Finance Act 2014 (XVII of 2014).
[344]
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