THE STAMP ACT, 1899
(Act
II of 1899)
C O N T E N T S
Section Heading
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
Chapter II
Stamp-duties
A-Of the liability of instruments to duty
3. Instruments chargeable with duty.
4. Several instruments used in single transaction of sale,
mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule
I.
7. Policies of sea-insurance.
8. Bonds, debentures or other securities, issued on loans
under Act XI, 1879.
9. Power to reduce, remit or compound duties.
9-A. Power of Government to
exempt certain instruments.
B-Of stamps and the mode of using them
10. Duties how to be paid.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be
written.
14. Only one instrument to be on same stamp.
15. Instrument written contrary to section 13 or 14 deemed
unstamped.
16. Denoting Duty.
C-Of the time of stamping Instruments
17. Instruments executed in
18. Instruments other than
bills and notes executed out of
19. Bills and notes drawn out of
D-Of valuations for duty
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
23-A. Certain instruments connected with mortgages of marketable
securities to be chargeable as agreements.
24. How transfer in consideration of debt, or subject to future
payment, etc., to be charged.
25. Valuation in case of annuity, etc.
26. Stamp where value of subject-matter is indeterminate.
27. Facts affecting duty to be set forth in instrument.
27-A. Value of immovable property.
28. Direction as to duty in case of certain conveyances.
E-Duty by whom payable
29. Duties by whom payable.
30. Obligation to give receipt in certain cases.
Chapter III
Adjudication as to Stamps
31. Adjudication as to proper stamp.
32. Certificate by Collector.
32A. Certificate
of designated officer.
Chapter IV
Instruments
Not Duly Stamped
33. Examination and impounding of instruments.
34. Special provision as to unstamped receipts.
35. Instruments not duly stamped inadmissible in evidence, etc.
36. Admission of instrument where not to be questioned.
37. Admission of improperly stamped instruments.
38. Instruments impounded how dealt with.
39. Collector’s power to refund penalty paid under section 38,
sub-section (1).
40. Collector’s power to stamp instruments impounded.
41. Instruments unduly stamped by accident.
42. Endorsement of instruments on which duty has been paid
under section 35, 40 or 41.
43. Prosecution for offence against Stamp-law.
44. Persons paying duty or penalty may recover same in certain
cases.
45. Power of Revenue Authority to refund penalty or excess duty
in certain cases.
46. Non-liability for loss of instruments sent under section
38.
47. Power of payer to stamp bills and promissory notes received
by him unstamped.
48. Recovery of duties and penalties.
48A. Power of Collector to seal premises.
Chapter V
Allowances
for Stamps in Certain Cases
49. Allowance for spoiled stamps.
50. Application for relief under section 49 when to be made.
51. Allowance in case of printed forms no longer required by
Corporations.
52. Allowance for misused stamps.
53. Allowance for spoiled or misused stamps how to be made.
54. Allowance for stamps not required for use.
55. Allowance on renewal of certain debentures.
Chapter VI
Reference
and Revision
56. Control
of, and statement of case to, Chief Revenue Authority.
57. Statement of case by Chief Revenue Authority to High Court.
58. Power of High Court to call for further particulars as to
case stated.
59. Procedure in disposing of case stated.
60. Statement of case by other Courts to High Court.
61. Revision of certain decisions of Courts regarding the
sufficiency of stamps.
Chapter VII
Criminal
Offences and Procedure
62. Penalty for executing, etc., instrument not duly stamped.
63. Penalty for failure to cancel adhesive stamp.
64. Penalty
or omission to comply with provisions of section 27.
64A. Punishment for
omission to comply with the provision of the Act.
65. Penalty for refusal to give receipt, and for devices to
evade duty on receipts.
66. Penalty for not making out policy, or making one not duly
stamped.
67. Penalty for not drawing full number of bills or marine
policies purporting to be in sets.
68. Penalty for post-dating bills, and for other devices to
defraud the revenue.
69. Penalty for breach of rule relating to sale of stamps and
for unauthorised sale.
70. Institution and conduct of prosecutions.
71. Jurisdiction of Magistrates.
72. Place of trial.
Chapter VIII
Supplemental
Provisions
73. Books, etc., to be open to inspection.
74. Power to make rules relating to sale of stamps.
75. Power
to make rules.
76. Publication of rules.
76-A. Delegation of certain powers.
77. Savings as to court-fees.
78. Act to be translated and sold cheaply.
79. [Repealed].
Schedule I
Stamp-Duty on Instruments
Schedule II
[Repealed]
[1]THE STAMP ACT, 1899
(Act
II of 1899)
[27 January 1899]
An
Act to consolidate and amend the law relating to Stamps
WHEREAS it
is expedient to consolidate and amend the law relating to stamps;
It is
hereby enacted as follows:-
Chapter
I
Preliminary
1. Short title, extent and commencement.– (1) This Act may be called the [2][*
* *] Stamp Act, 1899.
[3][(2) It extends to the whole of [4][the Punjab].
(3) It shall come into force on the first day of
July, 1899.
2. Definitions.– In this Act, unless there is something repugnant in
the subject or context,–
(1) “banker”
includes a bank and any person acting as a banker;
(2) “bill of exchange” means a bill of exchange as defined by the
Negotiable Instruments Act, 1881, and includes also a hundi, and any other
document entitling or purporting to entitle any person, whether named therein
or not, to payment by any other person of, or to draw upon any other person
for, any sum of money;
(3) “bill
of exchange payable on demand” includes–
(a) an order for the payment of any sum of money by a bill of exchange
or promissory note, or for the delivery of any bill of exchange or promissory
note in satisfaction of any sum of money, or for the payment of any sum of
money, out of any particular fund which may or may not be available, or upon
any condition or contingency which may or may not be performed or happen;
(b) an order for the payment of any sum of money weekly, monthly or at
any other stated periods; and
(c) a letter of credit, that is to say, any instrument by which one
person authorises another to give credit to the
person in whose favour it is drawn;
(4) “bill
of lading” includes a “through bill of lading”, but does not include a
mate’s receipt;
[5][(4A) “Board of Revenue” means the Board of
Revenue established under the Punjab Board of Revenue Act, 1957 (XI of 1957);]
(5) “bond” includes–
(a) any instrument whereby a person obliges himself to pay money to
another, on condition that the obligation shall be void if a specified act is
performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or
bearer, whereby a person obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person
obliges himself to deliver grain or other agricultural produce to another;
(6) “chargeable”
means, as applied to an instrument executed or first executed after the
commencement of this Act, chargeable under this Act and, as applied to any
other instrument, chargeable under the law in force in [6][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;
[7][(8) “Chief Revenue Authority” means the
Senior Member of the Board of Revenue;]
[8][(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;]
[9][(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;
[10][(11) “duly
stamped”, means affixation of an adhesive or impressed
stamp or e-stamp of not less than the requisite amount and that the stamp has
been legally affixed, used or electronically generated;]
[11][(11A) “electronic” includes electrical, digital, magnetic, optical, biometric,
electrochemical, wireless or electromagnetic technology;]
[12][(11B) “e-stamp” means a paper printed or partially printed containing a bar code or
having any of its
unique identification code and such other information, as may be specified by
the rules, to be generated and printed, on deposit of money equivalent to
chargeable stamp duty in the account of the Government;]
(12) “executed” and “execution”, used with reference to
instruments, mean “signed” and “signature”;
[13][(12A) “Government” means Government of the
Punjab;]
[14][(13) “impressed stamp”
includes–
(a)
the
label affixed and impressed by the proper officer;
(b)
the
stamp embossed or engraved on a stamp paper; and
(c)
an
e-stamp;]
(14) “instrument” includes
every document by which any right or liability is, or purports to be, created,
transferred, limited, extended, extinguished or recorded [15][and includes any instrument executed in electronic form];
(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;
[16][(16-A) “marketable
security” means a security of such a description as to be capable of being
sold in any stock market in [17][
(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][(17A) “multi-storey” means a building having
more than three storeys including basement;]
(18) “paper” includes vellum,
parchment or any other material on which an instrument may be written;
(19) “policy of insurance”
includes–
(a) any instrument by which one person, in
consideration of a premium, engages to indemnify another against loss, damage
or liability arising from an unknown or contingent event;
(b) a life-policy, and any policy insuring any
person against accident or sickness, and any other personal insurance [19][*
* *;
(c) * * * * * * * * * * *]
(20) “policy of sea-insurance”
or “sea-policy”–
(a) means any insurance made upon any ship or
vessel (whether for marine or inland navigation), or upon the machinery, tackle
or furniture of any ship or vessel, or upon any goods, merchandise or property
of any description whatever on board of any ship or vessel, or upon the freight
of, or any other interest which may be lawfully insured in, or relating to, any
ship or vessel; and
(b) includes any insurance of goods, merchandise or property for any
transit which includes not only sea risk within the meaning of clause (a), but
also any other risk incidental to the transit insured from the commencement of
the transit to the ultimate destination covered by the insurance;
Where any person, in
consideration of any sum of money paid or to be paid for additional freight or
otherwise, agrees to take upon himself any risk attending goods, merchandise or
property of any description whatever while on board of any ship or vessel, or
engages to indemnify the owner of any such goods, merchandise or property from
any risk, loss or damage, such agreement or engagement shall be deemed to be a
contract for sea-insurance;
(21) “power-of-attorney”
includes any instrument (not chargeable with a fee under the law relating to
court-fees for the time being in force) empowering a specified person to act
for and in the name of the person executing it;
(22) “promissory
note” means a promissory note as defined by the Negotiable Instruments Act,
1881 (XXVI of 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;
[20][(22A) “public
office” includes an office of the Government, a local government, a
statutory corporation or a similar body set up by the Federal Government or the
Government, a commercial or industrial concern whether singly owned or run
through partnership having more than twenty employees, a development authority,
a private housing scheme or a housing authority, a cooperative housing society,
a real estate developer or a real estate broker, a banking company and any
other entity whether registered or unregistered under any law for the time being
in force;]
(22-B) “Public
Officer” includes an Officer-in-charge of a Public Office];
(23) “receipt” includes any
note, memorandum or writing–
(a) whereby any money, or any bill of exchange, cheque or promissory
note is acknowledged to have been received, or
(b) whereby any other movable property is acknowledged to have been
received in satisfaction of a debt, or
(c) whereby any debt or demand, or any part of a
debt or demand, is acknowledged to have been satisfied or discharged, or
(d) which signifies or imports any such acknowledgment, and whether the
same is or is not signed with the name of any person; [21][*
* *]
[22][(23A) “service charge” means such amount as
may be notified by the Finance Department of the Government to be charged from
the purchaser by a bank, other than the Bank of Punjab, for issuance of e-Stamp
by using online facility;]
(24) “settlement” means any
non-testamentary disposition, in writing, of movable or immovable property
made–
(a) in consideration of marriage,
(b) for the purpose of distributing property of the settler among his
family or those for whom he desires to provide, or for the purpose of providing
for some person dependent on him, or
(c) for any religious or charitable purpose;
and includes an agreement in writing to make such a
disposition [23][and,
where any such disposition has not been made in writing, any instrument
recording, whether by way of declaration of trust or otherwise, the terms of
any such disposition]; [24][and]
[25][(25) “soldier”
includes any person below the rank of non-commissioned officer who is enrolled
under the Indian Army Act, 1911 [26][or
the Pakistan Army Act, 1952].]
[27][(25A) “transferring or attesting authority”
includes the principal executive officer of relevant public offices registering
the transaction of transfer of right, title or interest in an immoveable
property in its record;
[28][(26)
“urban area” means an area which is:
(a)
a rating area
under the Punjab Urban Immovable Property Tax Act, 1958 (V of 1958);
(b)
the area already
declared as an urban area under the Punjab Finance Act, 2010 (VI of 2010);
(c)
any other area
which the Board of Revenue may, by notification, declare as an urban area; and
[29][(d) an area defined as an urban area in the Punjab
Local Government Act, 2019 (XIII of 2019) or an area developed by a development
authority, housing authority, statutory body, cooperative housing society or a
real estate company or developer.]
Chapter
II
Stamp-duties
A-Of the liability of
instruments to duty
3. Instruments chargeable with duty.– Subject to the provisions of this Act and
the exemptions contained in Schedule I, the following instruments shall be
chargeable with duty of the amount indicated in that schedule as the proper
duty therefor respectively, that is to say–
(a) every
instrument mentioned in that Schedule which, not having been previously
executed by any person, is executed in [30][
(b) every bill of exchange [31][payable
otherwise than on demand] [32][*
* *] or promissory note drawn or made out of [33][
(c) every instrument (other than a bill of
exchange [35][*
* *] or promissory note) mentioned in that Schedule, which, not having been
previously executed by any person, is executed out of [36][Pakistan]
on or after that day, relates to any property situate, or to any matter or
thing done or to be done, in [37][Pakistan]
and is received in [38][Pakistan]:
Provided
that no duty shall be chargeable in respect of–
(1) any
instrument executed by, or on behalf of, or in favour of, the [39][Government]
in cases where, but for this exemption, the [40][Government]
would be liable to pay the duty chargeable in respect of such instrument;
(2) any instrument for
the sale, transfer or other disposition, either absolutely or by way of
mortgage or otherwise, of any ship or vessel, or any part, interest, share or
property of or in any ship or vessel registered under the Merchant Shipping
Act, 1894 or under the Bombay Coasting Vessels Act, 1838 (XIX of 1838), or the
Registration of Ships Act, 1841 (X of 1841), as amended by subsequent Acts.
4. Several instruments used in single
transaction of sale, mortgage or settlement.– [41][(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 [42][five hundred] 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:
[43][Provided
that nothing contained in this Act shall render chargeable with duty exceeding [44][five hundred] rupees a counterpart or duplicate of any instrument chargeable with
duty and in respect of which the proper duty has been paid].
7. Policies of sea-insurance.– (1) No contract for
sea-insurance (other than such insurance as is referred to in section 506 of
the Merchant Shipping Act, 1894) shall be valid unless the same is expressed in
a sea-policy.
(2) No sea-policy made for time shall be made for
any time exceeding twelve months.
(3) No sea-policy shall be valid unless it
specifies the particular risk or adventure, or the time, for which it is made,
the names of the subscribers or under-writers, and the amount or amounts
insured.
(4) Where any sea-insurance is made for or upon a
voyage and also for time, or to extend to or cover any time beyond thirty days
after the ship shall have arrived at her destination and been there moored at
anchor, the policy shall be charged with duty as a policy for or upon a voyage,
and also with duty as a policy for time.
8. Bonds, debentures or other securities, issued
on loans under Act XI, 1879.– (1) Notwithstanding anything in this Act, any local
authority raising a loan under the provisions of the Local Authorities Loan
Act, 1879 (XI of 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 loan,
be chargeable with a duty of [45][one
per centum] on the total amount of the bonds, debentures or other securities
issued by it, and such bonds, debentures or other securities need not be
stamped, and shall not be chargeable with any further duty on renewal,
consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1) exempting
certain bonds, debentures or other securities from being stamped and from being
chargeable with certain further duty shall apply to the bonds, debentures or
other securities of all outstanding loans of the kind mentioned therein, and
all such bonds, debentures or other securities shall be valid, whether the same
are stamped or not:
Provided
that nothing herein contained shall exempt the local authority which has issued
such bonds, debentures or other securities from the duty chargeable in respect
thereof prior to the twenty-sixth day of March, 1897, when such duty has not
already been paid or remitted by order issued by the [46][Federal
Government].
(3) In the case of wilful
neglect to pay the duty required by this section, the local authority shall be
liable to forfeit to the [47][Government]
a sum equal to ten per centum upon the amount of duty payable, and a like
penalty for every month after the first month during which the neglect
continues.
9. Power to reduce, remit or compound duties.– [48][The
[49][Government]] may, by rule or
order published in the [50][official
Gazette]–
(a) reduce or remit, whether prospectively or
retrospectively, in the whole or any part of [51][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.
[52][9-A. Power of [53][Government] to exempt certain instruments.– The [54][Government] may by [55][notification
in] the official Gazette, generally exempt from payment of the whole or any
part of the duties on any instrument executed by or in favour of a banking
company in the normal course of its banking business.
Explanation–
For the purpose of this Section, “Banking Company” shall have the same meaning
as in the Banking Tribunals Ordinance, 1984[56]].
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 [57][or
e-stamps]–
(a) according
to the provisions herein contained, or
(b) when
no such provision is applicable thereto, as the [58][Government] may by rules direct.
(2) The rules[59]
made under sub-section (1) may, among other matters, regulate,–
(a) in
the case of each kind of instrument–the description of stamps [60][or e-stamps] which may be used;
(b) in
the case of instruments stamped with impressed stamps–the number of stamps
which may be used;
(c) in the case of bills of exchange or promissory
notes written in any Oriental language–the size of the paper on which they are
written.
11. Use of adhesive stamps.– The following instruments may be stamped
with adhesive stamps, namely:-
(a) instruments
chargeable with [61][a
duty not exceeding [62][one
hundred rupees]], except parts of bills of exchange payable otherwise than on
demand and drawn in sets;
(b) bills
of exchange, [63][*
* *] and promissory notes drawn or made out of [64][
(c) entry as an advocate, vakil or attorney on the
roll of a High Court;
(d) notarial
acts; and
(e) transfers
by endorsement of shares in any incorporated company or other body corporate.
12. Cancellation of adhesive stamps.–
(1) (a) Whoever affixes
any adhesive stamp to any instrument chargeable with duty which has been
executed by any person shall, when affixing such stamp, cancel the same so that
it cannot be used again; and
(b) whoever executes any instrument on any paper
bearing an adhesive stamp shall, at the time of execution, unless such stamp
has been already cancelled in manner aforesaid, cancel the same so that it
cannot be used again.
(2) Any instrument bearing an adhesive stamp which
has not been cancelled so that it cannot be used again, shall, so far as such
stamp is concerned, be deemed to be unstamped.
(3) The person required by sub-section (1) to
cancel an adhesive stamp may cancel it by writing on or across the stamp his
name or initials or the name or initials of his firm with the true date of his
so writing, or in any other effectual manner.
13. Instruments stamped with impressed stamps how
to be written.– Every instrument written upon paper stamped with an
impressed stamp shall be written in such manner that the stamp may appear on
the face of the instrument and cannot be used for or applied to any other
instrument.
14. Only one instrument to be on same stamp.–
No second instrument chargeable with duty shall be written upon a piece of
stamped paper upon which an instrument chargeable with duty has already been
written:
Provided
that nothing in this section shall prevent any endorsement
which is duly stamped or is not chargeable with duty being made upon any
instrument for the purpose of transferring any right created or evidenced
thereby or of acknowledging the receipt of any money or goods the payment or
delivery of which is secured thereby.
15. Instrument written contrary to section 13 or
14 deemed unstamped.– Every instrument written in contravention of section
13 or section 14 shall be deemed to be unstamped.
16. Denoting
duty.–
Where the duty with which an instrument is chargeable, or its exemption from
duty, depends in any manner upon the duty actually paid in respect of another
instrument, the payment of such last mentioned duty shall, if application is
made in writing to the Collector for that purpose, and on production of both
the instruments, be denoted upon such first mentioned instrument, by
endorsement under the hand of the Collector or in such other manner (if any) as
the [65][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 [66][
18. Instruments
other than bills and notes executed out of [67][Pakistan].– (1) Every instrument chargeable with duty executed only
out of [68][Pakistan],
and not being a bill of exchange, [69][*
* *] or promissory note, may be stamped within three months after it has been
first received in [70][Pakistan].
(2) Where any such instrument cannot, with
reference to the description of stamp prescribed therefor,
be duly stamped by a private person, it may be taken within the said period of
three months to the Collector, who shall stamp the same, in such manner as the [71][Government] may by rule prescribe, with a
stamp of such value as the person so taking such instrument may require and pay
for.
19. Bills and notes drawn out of Pakistan.–
The first holder in [72][Pakistan]
of any bill of exchange, [73][payable
otherwise than on demand] [74][*
* *] or promissory note drawn or made out of [75][Pakistan]
shall, before he presents the same for acceptance or payment, or endorses,
transfers or otherwise negotiates the same in [76][Pakistan],
affix thereto the proper stamp and cancel the same:
Provided that,–
(a) if,
at the time any such bill of exchange, [77][*
* *] or note comes into the hands of any holder thereof in [78][Pakistan],
the proper adhesive stamp is affixed thereto and cancelled in manner prescribed
by section 12, and such holder has no reason to believe that such stamp was
affixed or cancelled otherwise than by the person and at the time required by
this Act, such stamp shall, so far as relates to such holder, be deemed to have
been duly affixed and cancelled;
(b) nothing
contained in this proviso shall relieve any person from any penalty incurred by
him for omitting to affix or cancel a stamp.
D-Of
valuations for duty
20. Conversion of
amount expressed in foreign currencies.– (1) Where an
instrument is chargeable with ad valorem duty
in respect of any money expressed in any currency other than that of [79][Pakistan],
such duty shall be calculated on the value of such money in the currency of [80][Pakistan]
according to the current rate of exchange on the day of the date of the
instrument.
(2) The [81][Federal
Government] may, from time to time, by notification in the [82][official
Gazette], prescribe[83]
a rate of exchange for the conversion of British or any foreign currency into
the currency of [84][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.
[85][23-A. Certain instruments connected with mortgages of
marketable securities to be chargeable as agreements.– (1) Where an instrument (not being a
promissory note or bill of exchange)–
(a) is given upon the occasion of the deposit of
any marketable security by way of security for money advanced or to be advanced
by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer, intended as
a security, of any marketable security,
it shall be chargeable with duty
as if it were an agreement or memorandum of an agreement chargeable with duty
under [86][Article
No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument
shall only be chargeable with the like duty].
24. How transfer in consideration of debt, or
subject to future payment, etc., to be charged.– Where any property is transferred to any person in
consideration, wholly or in part, of any debt due to him, or subject either
certainly or contingently to the payment or transfer of any money or stock,
whether being or constituting a charge or encumbrance upon the property or not,
such debt, money or stock is to be deemed the whole or part, as the case may
be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty:
Provided
that nothing in this section shall apply to any such certificate of sale as is
mentioned in Article No. 18 of Schedule I.
Explanation–
In the case of a sale of property subject to a mortgage or other encumbrance,
any unpaid mortgage-money or money charged, together with the interest (if any)
due on the same, shall be deemed to be part of the consideration for the sale:
Provided that, where property subject to a
mortgage is transferred to the mortgagee, he shall be entitled to deduct from
the duty payable on the transfer the amount of any duty already paid in respect
of the mortgage.
Illustrations
(1) A owes B Rs. 1,000. A sells a property to B, the consideration
being Rs.500 and the release of the previous debt of Rs.1,000 Stamp-duty is
payable on Rs.1,500.
(2) A
sells a property to B for Rs.500 which is subject to a mortgage to C for
Rs.1,000 and unpaid interest Rs.200. Stamp-duty is payable on Rs.1,700.
(3) A
mortgages a house of the value of Rs.10,000 to B for Rs.5,000. B afterwards
buys the house from A. Stamp-duty is payable on Rs.10,000 less the amount of
stamp-duty already paid for the mortgage.
25. Valuation in case of annuity, etc.– Where an instrument is executed to secure
the payment of an annuity or other sum payable periodically, or where the
consideration for a conveyance is an annuity or other sum payable periodically,
the amount secured by such instrument or the consideration for such conveyance,
as the case may be, shall, for the purposes of this Act, be deemed to be,–
(a) where the sum is payable for a definite period so that the total amount
to be paid can be previously ascertained–such total amount;
(b) where
the sum is payable in perpetuity or for an indefinite time not terminable with
any life in being at the date of such instrument or conveyance–the total amount
which, according to the terms of such instrument or conveyance, will or may be
payable during the period of twenty years calculated from the date on which the
first payment becomes due; and
(c) where the sum is payable for an indefinite
time terminable with any life in being at the date of such instrument or
conveyance–the maximum amount which will or may be payable as aforesaid during
the period of twelve years calculated from the date on which the first payment
becomes due.
26. Stamp where
value of subject-matter is indeterminate.– Where the amount or value of the
subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument
executed before the commencement of this Act) could not have been, ascertained
at the date of its execution or first execution, nothing shall be claimable
under such instrument more than the highest amount or value for which, if
stated in an instrument of the same description, the stamp actually used would,
at the date of such execution have been sufficient:
[87][Provided
that, in the case of the lease of a mine in which royalty or a share of the
produce is received as the rent or part of the rent, it shall be sufficient to
have estimated such royalty or the value of such share, for the purpose of
stamp-duty,–
(a) when the lease has been granted by or on
behalf of [88][the
Government], at such amount or value as the Collector may, having regard to all
the circumstances of the case, have estimated as likely to be payable by way of
royalty or share to [89][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.
[90][27-A. Value of immovable property.–
(1) Where any instrument chargeable with ad
valorem duty under Articles [91][23, 27–A, 31, 33, 35 (1)(b), 48 (b), 48
(bb), 55(b), 63 and 63–A] 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.
[92][(2) Where an instrument mentioned in subsection (1)
relates to an immovable property consisting of land and structure including a
multi-storey building, such instrument shall state the value of the land and
structure separately, and stamp duty on
the structure shall be calculated as per the covered area or the area of
the structure mentioned in the instrument whichever is higher, and in case
there is no approved building plan, two percent duty of the value of land in
addition to payable duty shall be charged.]
(3) Where the value of immovable property stated
in an instrument to which sub-section (1) applies is more than the value fixed
according to the valuation table, the value declared in the instrument shall be
accepted as value for the purposes of stamp duty.
(4) Where the value given in the valuation table
notified under sub-section (1), when applied to any immovable property, appears
to be excessive, the [93][Commissioner]
or any other person notified by the Government may, on application made to him
by the aggrieved person, determine its correct value and for that purpose the
provisions of sections 31 and 32 shall apply as nearly as possible.]
28. Direction as to duty in case of certain
conveyances.– (1) Where any property has been contracted to be sold for one
consideration for the whole, and is conveyed to the purchaser in separate parts
by different instruments, the consideration shall be apportioned in such manner
as the parties think fit, provided that a distinct consideration for each
separate part is set forth in the conveyance relating thereto, and such
conveyance shall be chargeable with ad
valorem duty in respect of such distinct consideration.
(2) Where property contracted to be purchased for
one consideration for the whole, by two or more persons jointly, or by any
person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased, for
distinct parts of the consideration, the conveyance of each separate part shall
be chargeable with ad valorem duty in
respect of the distinct part of the consideration therein specified.
(3) Where a person, having contracted for the
purchase of any property but not having obtained a conveyance thereof,
contracts to sell the same to any other person and the property is in
consequence conveyed immediately to the sub-purchaser, the conveyance shall be
chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the
sub-purchaser.
(4) Where a person, having contracted for the
purchase of any property but not having obtained a conveyance thereof,
contracts to sell the whole, or any part thereof, to any other person or
persons and the property is in consequence conveyed by the original seller to
different persons in parts, the conveyance of each part sold to a sub-purchaser
shall be chargeable with ad valorem duty
in respect only of the consideration paid by such sub-purchaser, without regard
to the amount or value of the original consideration, and the conveyance of the
residue (if any) of such property to the original purchaser shall be chargeable
with ad valorem duty in respect only
of the excess of the original consideration over the aggregate of the
consideration paid by the sub-purchasers[.][94]
[95][* * * * * * * * * *]
(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 [96][five
hundred] rupees, with a duty of [97][five
hundred] 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),
[98][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:
[99][(b) in the case of a policy of insurance other
than fire-insurance–by the person effecting the insurance:
(bb) in the case of a policy of fire-insurance–by
the person issuing the policy];
(c) in the case of a conveyance (including a
re-conveyance of mortgaged property) by the grantee [100][and
grantor in equal shares] in the case of a lease or agreement to lease–by the
lessee or intended lessee:
(d) in the case of a counterpart of a lease–by the
lessor:
(e) in the case of an instrument of exchange–by
the parties in equal shares:
(f) in the case of a certificate of sale–by the
purchaser of the property to which such certificate relates; [101][*]
(g) in the case of an instrument of partition–by
the parties thereto in proportion to their respective shares in the whole
property partitioned, or, when the partition is made in execution of an order
passed by a Revenue-authority or Civil Court or arbitrator, in such proportion
as such authority, Court or arbitrator directs [102][;]
[103][(h) in the case of a contract chargeable with
stamp duty under Article 22-A of Schedule I, the stamp duty shall be payable by
the contractor in whose favour the instrument is executed;
(i) in the case of a decree, rule of a court or an
order of a court chargeable with stamp duty under Article 27-A of Schedule I,
the stamp duty shall be paid by the beneficiary of the decree, rule or order;
(j) in the case of a gift chargeable with stamp
duty under Article 33 of Schedule I, the stamp duty shall be paid by the person
in whose favour the instrument is executed; and
(k) in the case of transfer of right or interest
relating to an immovable property chargeable with stamp duty under Article 63-A
of Schedule I, the stamp duty shall be paid by the person in whose favour the
transfer of the right or interest relating to an immovable property is made.]
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.
[104][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.– [105][(1)
When any instrument, whether executed or not and whether previously stamped or
not is brought to the Collector, and the person bringing the instrument applies
to have the opinion of the Collector as to the duty, if any, with which it is
chargeable, and pays a fee of one thousand rupees, the Collector shall
determine the duty, if any, with which in his judgment the instrument is
chargeable.]
(2) For
this purpose the Collector may require to be furnished
with an abstract of the instrument, and also with such affidavit or other
evidence as he may deem necessary to prove that all the facts and circumstances
affecting the chargeability of the instrument with duty, or the amount of the
duty with which it is chargeable, are fully and truly set forth therein, and
may refuse to proceed upon any such application until such abstract and
evidence have been furnished accordingly:
Provided
that–
(a) no
evidence furnished in pursuance of this section shall be used against any
person in any civil proceeding, except in an enquiry as to the duty with which
the instrument to which it relates is chargeable; and
(b) every person by whom any such evidence is
furnished shall, on payment of the full duty with which the instrument to which
it relates is chargeable, be relieved from any penalty which he may have
incurred under this Act by reason of the omission to state truly in such
instrument any of the facts or circumstances aforesaid.
32. Certificate by Collector.– (1) When an instrument brought to the
Collector under section 31, is, in his opinion, one of a description chargeable
with duty, and–
(a) the
Collector determines that it is already fully stamped, or
(b) the
duty determined by the Collector under section 31, or such a sum as, with the
duty already paid in respect of the instrument, is equal to the duty so
determined, has been paid,[106]
the Collector
shall certify by endorsement on such instrument that the full duty (stating the
amount) with which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not
chargeable with duty, the Collector shall certify in manner aforesaid that such
instrument is not so chargeable.
(3) Any instrument upon which an endorsement has
been made under this section, shall be deemed to be duly stamped or not
chargeable with duty, as the case may be; and, if chargeable with duty, shall
be receivable in evidence or otherwise, and may be acted upon and registered as
if it had been originally duly stamped:
Provided
that nothing in this section shall authorise the
Collector to endorse–
(a) any
instrument executed or first executed in [107][
(b) any
instrument executed or first executed out of [108][Pakistan]
and brought to him after the expiration of three months after it has been first
received in [109][Pakistan];
or
(c) any
instrument chargeable with [110][a
duty not exceeding [111][five
hundred rupees]] or any bill of exchange or promissory note, when brought to
him, after the drawing or execution thereof, on paper not duly stamped.
[112][32A. Certificate of designated officer.– An officer
designated by the Government shall, by notification in the official Gazette,
issue a certificate as to
genuineness or otherwise of an e-stamp for the purpose of evidence in a legal
proceedings.]
Chapter
IV
Instruments
not Duly Stamped
33. Examination and impounding of instruments.– (1) Every person having by law or consent of parties authority to
receive evidence, and every person in charge of a public office, except an
officer of police, before whom any instrument, chargeable in his opinion, with
duty, is produced or comes in the performance of his functions, shall, if it
appears to him that such instrument is not duly stamped, impound the same.
(2) For that purpose
every such person shall examine every instrument so chargeable and so produced
or coming before him, in order to ascertain whether it is stamped with a stamp
of the value and description required by the law in force in [113][
Provided
that–
(a) nothing
herein contained shall be deemed to require any Magistrate or Judge of a
Criminal Court to examine or impound, if he does not think fit so to do, any
instrument coming before him in the course of any proceeding other than a
proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal
Procedure, 1898 (V of 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,–
(a) [114][the
[115][Government]] may determine[116]
what offices shall be deemed to be public offices; and
(b) [117][the
[118][Government]] may determine who shall be
deemed to be persons in charge of public offices.
34. Special
provision as to unstamped receipts.– Where any receipt
chargeable with a duty [119][not
exceeding [120][fifty rupees]] 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–
[121](a) any such instrument not being an instrument
chargeable with a duty [122][not
exceeding [123][fifty
rupees]] only, or a bill of exchange or promissory note, shall, subject to all
just exceptions, be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of an instrument insufficiently stamped, of
the amount required to make up such duty, together with a penalty of [124][five
hundred rupees], or, when ten times the amount of the proper duty or deficient
portion thereof exceeds [125][five
hundred 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 [126][five rupees] by the person tendering it;
(c) where
a contract or agreement of any kind is effected by
correspondence consisting of two or more letters, and any one of the letters
bears the proper stamp, the contract or agreement shall be deemed to be duly
stamped;
(d) nothing
herein contained shall prevent the admission of any instrument in evidence in
any proceeding in a Criminal Court, other than a proceeding under Chapter XII
or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898);
(e) nothing
herein contained shall prevent the admission of any instrument in any Court
when such instrument has been executed by or on behalf of [127][the
Government], or where it bears the certificate of the Collector as provided by
section 32 or any other provision of this Act.
36. Admission of
instrument where not to be questioned.– Where an instrument
has been admitted in evidence, such admission shall not, except as provided in
section 61, be called in question at any stage of the same suit or proceeding
on the ground that the instrument has not been duly stamped.
37. Admission of improperly stamped instruments.– [128][The
[129][Government]]
may make rules providing that, where an instrument bears a stamp of sufficient
amount but of improper description, it may, on payment of the duty with which
the same is chargeable, be certified to be duly stamped, and any instrument so
certified shall than be deemed to have been duly stamped as from the date of
its execution.
38. Instruments
impounded how dealt with.– (1) When the person impounding an instrument under
section 33 has by law or consent of parties authority to receive evidence and
admits such instrument in evidence upon payment of a penalty as provided by
section 35 or of duty as provided by section 37, he shall send to the Collector
an authenticated copy of such instrument, together with a certificate in
writing, stating the amount of duty and penalty levied in respect thereof, and
shall send such amount to the Collector, or to such person as he may appoint in
this behalf.
(2) In every other case, the person so impounding
an instrument shall send it in original to the Collector.
39. Collector’s power to refund penalty paid
under section 38, sub-section (1).– (1) When a copy of an instrument is sent
to the Collector under section 38, sub-section (1), he may, if he thinks fit, [130][*
* *] refund any portion of the penalty in excess of [131][five
hundred] 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.
[132]40. Collector’s power to stamp instruments impounded.– [133][(1) When the Collector impounds any instrument
under section 33, or receives any instruments sent to him under subsection (2)
of section 38, he shall adopt the following procedure:-
(a) if he is of the opinion that the 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 the 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 maximum
ten times the amount of the proper duty or the deficient amount thereof but not
less than two times of the amount due:
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 provided under this section:
provided further that in case
of any purported transfer of right, title or interest in an immoveable property
effected by a relevant public office in its record under an instrument which is
not registered under the Registration Act, 1908 (XVII of 1908), such instrument
shall be chargeable with duty which shall be ten times the amount of the
deficient duty.]
(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.
[134]41. Instruments unduly stamped by accident.– If any instrument chargeable with duty and
not duly stamped, not being an instrument chargeable with a duty of [135][not
exceeding [136][fifty
rupees]] only or a bill of exchange or promissory note, is produced by any
person of his own motion before the Collector within one year from the date of
its execution or first execution, and such person brings to the notice of the
Collector the fact that such instrument is not duly stamped and offers to pay
to the Collector the amount of the proper duty, or the amount required to make
up the same, and the Collector is satisfied that the omission to duly stamp
such instrument has been occasioned by accident, mistake or urgent necessity,
he may, instead of proceeding under section 33 and 40, receive such amount and
proceed as next hereinafter prescribed.
42. Endorsement
of instruments on which duty has been paid under section 35, 40 or 41.– (1) When the duty and
penalty (if any) leviable in respect of any instrument have been paid under
section 35, section 40 or section 41, the person admitting such instrument in
evidence or the Collector, as the case may be, shall certify by endorsement thereon
that the proper duty or, as the case may be, the proper duty and penalty
(stating the amount of each) have been levied in respect thereof, and the name
and residence of the person paying them.
(2) Every instrument so endorsed shall thereupon
be admissible in evidence, and may be registered and acted upon and
authenticated as if it had been duly stamped, and shall be delivered on his
application in this behalf to the person from whose possession it came into the
hands of the officer impounding it, or as such person may direct:
Provided that–
(a) no
instrument which has been admitted in evidence upon payment of duty and a
penalty under section 35, shall be so delivered before the expiration of one
month from the date of such impounding, or if the Collector has certified that
its further detention is necessary and has not cancelled such certificate;
(b) nothing
in this section shall affect the [137]Code
of Civil Procedure 1882 (XIV of 1882), section 144, clause 3.
43. Prosecution
for offence against Stamp-law.– The taking of
proceedings or the payment of a penalty under this Chapter in respect of any
instrument shall not bar the prosecution of any person who appears to have
committed an offence against the Stamp-law in respect of such instrument:
Provided
that no such prosecution shall be instituted in the case of any instrument in
respect of which such a penalty has been paid, unless it appears to the
Collector that the offence was committed with an intention of evading payment
of the proper duty.
44. Persons
paying duty or penalty may recover same in certain cases.– (1) When any duty or
penalty has been paid under section 35, section 37, section 40 or section 41,
by any person in respect of an instrument, and, by agreement or under the
provisions of section 29 or any other enactment in force at the time such
instrument was executed, some other person was bound to bear the expense of
providing the proper stamp for such instrument, the first mentioned person
shall be entitled to recover from such other person the amount of the duty or
penalty so paid.
(2) For the purpose of such recovery, any
certificate granted in respect of such instrument under this Act shall be
conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be
included in any order as to costs in any suit or proceeding to which such
persons are parties in which such instrument has been tendered in evidence. If
the Court does not include the amount in such order, no further proceedings for
the recovery of the amount shall be maintainable.
45. Power of
Revenue Authority to refund penalty or excess duty in certain cases.– (1) Where any penalty is paid under section 35 or
section 40, the [138][Chief
Revenue Authority] may, upon application in writing made within one year from
the date of the payment, refund such penalty wholly or in part.
(2) Where, in the opinion of the [139][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.
[140][47. Power of payer to stamp bills and promissory
notes received by him unstamped.– When any Bill of Exchange or promissory note is presented for
payment unstamped, the person to whom it is so presented may affix thereon the
necessary adhesive stamp, and upon cancelling the same in the manner
hereinbefore provided, 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 of any penalty or
proceeding to which he may be liable in relation to such bill or note.]
48. Recovery of duties and penalties.– All duties, penalties and other sums
required to be paid under this Chapter may be recovered by the Collector by
distress and sale of the movable property of the person from whom the same are
due, or by any other process for the time being in force for the recovery of
arrears of land-revenue.
[141][48A. Power
of Collector to seal premises.–
(1) When a transferring or attesting authority fails to comply with the
provisions of this Act, the Collector may seal such public office including the
premises thereof after affording the transferring or attesting authority an
opportunity of being heard.
(2) If the transferring or attesting authority is
aggrieved by an order under subsection (1), he may within a period of thirty
days of the order, apply to the Chief Revenue Authority, or any officer
authorized by it in this behalf, for de-sealing of the public office.
(3) An application under subsection (2) shall
not be entertained unless the applicant pays the deficient amount of the duty
together with the penalty under this Act.]
Chapter
V
Allowances
for Stamps in Certain Cases
49. Allowance for
spoiled stamps.– Subject to such rules as may be
made by the [142][Government] as to the evidence
to be required, or the enquiry to be made the Collector may, on application
made within the period prescribed in section 50, and if he is satisfied as to
the facts, make allowance for impressed stamps spoiled in the cases hereinafter
mentioned, namely:-
(a) the
stamp on any paper inadvertently and undesignedly spoiled, obliterated or by
error in writing or any other means rendered unfit for the purpose intended
before any instrument written thereon is executed by any person:
(b) the stamp on any document which is written out
wholly or in part, but which is not signed or executed by any party thereto:
(c) in
the case of bills of exchange [143][payable
otherwise than on demand] [144][*
* *] or promissory notes–
(1) the stamp on [145][any
such bill of exchange] [146][*
* *] signed by or on behalf of the drawer which has not been accepted or made
use of in any manner whatever or delivered out of his hands for any purpose
other than by way of tender for acceptance provided that the paper on which any
such stamp is impressed does not bear any signature intended as or for the
acceptance of any bill of exchange [147][*
* *] to be afterwards written thereon:
(2) the stamp on any promissory note signed by or on behalf of the
maker which has not been made use of in any manner whatever or delivered out of
his hands:
(3) the stamp used or intended to be used for [148][any
such bill of exchange] [149][*
* *] or promissory note signed by, or on behalf of, the drawer thereof, but
which from any omission or error has been spoiled or rendered useless, although
the same, being a bill of exchange [150][*
* *], may have been presented for acceptance or accepted or endorsed, or, being
a promissory note, may have been delivered to the payee: provided that another
completed and duly stamped bill of exchange [151][*
* *] or promissory note is produced identical in every particular, except in
the correction of such omission or error as aforesaid, with the spoiled bill [152][*
*] or note:
(d) the stamp used for an instrument executed by
any party thereto which–
(1) has been afterwards found to be absolutely void in law from the
beginning:
(2) has been afterwards found unfit, by reason of any error or mistake
therein, for the purpose originally intended:
(3) by reason of the death of any person by whom it is necessary that
it should be executed, without having executed the same, or of the refusal of
any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed:
(4) for want of the execution thereof by some material party, and his
inability or refusal to sign the same, is in fact incomplete and insufficient
for the purpose for which it was intended:
(5) by reason of the refusal of any person to act under the same, or to
advance any money intended to be thereby secured, or by the refusal or
non-acceptance of any office thereby granted, totally fails of the intended
purpose:
(6) becomes useless in consequence of the
transaction intended to be thereby effected being
effected by some other instrument between the same parties and bearing a stamp
of not less value:
(7) is deficient in value and the transaction
intended to be thereby effected has been effected by
some other instrument between the same parties and bearing a stamp of not less
value:
(8) is inadvertently and undesignedly
spoiled, and in lieu whereof another instrument made between the same parties
and for the same purpose is executed and duly stamped:
Provided
that, in the case of an executed instrument, no legal proceeding has been
commenced in which the instrument could or would have been given or offered in
evidence and that the instrument is given up to be cancelled.
Explanation–
The certificate of the Collector under section 32 that the full duty with which
an instrument is chargeable has been paid is an impressed stamp within the
meaning of this section.
50. Application for relief under section 49 when
to be made.– The application for relief under section 49 shall be
made within the following periods, that is to say,–
(1) in
the cases mentioned in clause (d) (5), within two months of the date of the
instrument:
(2) in
the case of a stamped paper in which no instrument has been executed by any of
the parties thereto, within six months after the stamp has been spoiled:
(3) in
the case of a stamped paper in which an instrument has been executed by any of
the parties thereto, within six months after the date of the instrument, or, if
it is not dated, within six months after the execution thereof by the person by
whom it was first or alone executed:
Provided that,–
(a) when
the spoiled instrument has been for sufficient reasons sent out of [153][
(b) when, from unavoidable circumstances, any
instrument for which another instrument has been substituted cannot be given up
to be cancelled within the aforesaid period, the application may be made within
six months after the date of execution of the substituted instrument.
51. Allowance in case of printed forms no longer
required by Corporations.–
The [155][Chief
Revenue Authority] [156][or
the Collector if empowered by the [157][Chief
Revenue Authority] in this behalf] may, without limit of time, make allowance
for stamped papers used for printed form of instruments [158][by
any banker or] by any incorporated company or other body corporate, if for any
sufficient reason such forms have ceased to be required by the said [159][banker,]
company or body corporate: provided that such authority is satisfied that the
duty in respect of such stamped papers has been duly paid.
52. Allowance for misused stamps.–
(a) When any person has
inadvertently used, for an instrument chargeable with duty, a stamp of a
description other than that prescribed for such instrument by the rules made
under this Act, or a stamp of greater value than was necessary, or has
inadvertently used any stamp for an instrument not chargeable with any duty; or
(b) when any stamp used for an instrument has been
inadvertently rendered useless under section 15, owing to such instrument
having been written in contravention of the provisions of section 13;
the
Collector may, on application made within six months after the date of the
instrument, or, if it is not dated, within six months after the execution
thereof by the person by whom it was first or alone executed, and upon the
instrument, if chargeable with duty, being re-stamped with the proper duty,
cancel and allow as spoiled the stamp so misused or rendered useless.
53. Allowance for spoiled or misused stamps how
to be made.– In any case in which allowance is made for spoiled or
misused stamps, the Collector may give in lieu thereof–
(a) other
stamps of the same description and value; or,
(b) if
required and he thinks fit, stamps of any other description to the same amount
in value; or,
(c) at
his discretion, the same value in money, deducting [160][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 [161][ten
per centum of the value] upon such person delivering up the same to be
cancelled, and proving to the Collector’s satisfaction–
(a) that
such stamp or stamps were purchased by such person with a bona fide intention to use them; and
(b) that
he has paid the full price thereof; and
(c) that
they were so purchased within the period of six months next preceding the date
on which they were so delivered:
Provided
that, where the person is a licensed vendor of stamps, the Collector may, if he
thinks fit, make the repayment of the sum actually paid by the vendor without
any such deduction as aforesaid.
55. Allowance on renewal of certain debentures.– When any duly stamped debenture is renewed by the issue of a new
debenture in the same terms, the Collector shall, upon application made within
one month, repay to the person issuing such debenture, the value of the stamp
on the original or on the new debenture, whichever shall be less:
Provided
that the original debenture is produced before the Collector and cancelled by
him in such manner as the [162][Government] may direct.
Explanation– A debenture shall be deemed to
be renewed in the same terms within the meaning of this section notwithstanding
the following changes:-
(a) the
issue of two or more debentures in place of one original debenture, the total
amount secured being the same;
(b) the
issue of one debenture in place of two or more original debentures, the total
amount secured being the same;
(c) the
substitution of the name of the holder at the time of renewal for the name of
the original holder; and
(d) the
alteration of the rate of interest or the dates of payment thereof.
Chapter
VI
Reference
and Revision
56. Control of,
and statement of case to, Chief Revenue Authority.– (1) The powers
exercisable by a Collector under Chapter IV and Chapter V [163][and
under clause (a) of the first proviso to section 26] shall in all cases be
subject to the control of the [164][Chief
Revenue Authority].
(2) If any Collector, acting under section 31,
section 40 or section 41, feels doubt as to the amount of duty with which any
instrument is chargeable, he may draw up a statement of the case, and refer it,
with his own opinion thereon, for the decision of the [165][Chief
Revenue Authority].
(3) Such authority shall consider the case and
send a copy of its decision to the Collector, who shall proceed to assess and
charge the duty (if any) in conformity with such decision.
57. Statement of case by Chief Revenue Authority
to High Court.– (1) The [166][Chief
Revenue Authority] may state any case referred to it under section 56,
sub-section (2), or otherwise coming to its notice, and refer such case, with
its own opinion thereon,–
(a) [167][* * * * * * * * * * * *]
(b) if
the case arises in [168][any
Province], to the High Court of [169][the
Province].
(2) Every such case shall be decided by not less
than three Judges of the High Court [170][*
* *] to which it is referred, and in case of difference, the opinion of the
majority shall prevail.
58. Power of High Court to call for further
particulars as to case stated.– If the High Court [171][*
* *] 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
[172][*
* *], upon the hearing of any such case, shall decide the questions raised
thereby, and shall deliver its judgment thereon containing the grounds on which
such decision is founded.
(2) The
Court shall send to the Revenue-authority by which the case was stated a copy
of such judgment under the seal of the Court and the signature of the
Registrar; and the Revenue-authority shall, on receiving such copy, dispose of
the case conformably to such judgment.
60. Statement of
case by other Courts to High Court.– (1) If any Court, other than a
Court mentioned in section 57, feels doubt as to the amount of duty to be paid
in respect of any instrument under proviso (a) to section 35, the Judge may
draw up a statement of the case and refer it, with his own opinion thereon, for
the decision of the High Court [173][*
* *] to which, if he were the [174][Chief
Revenue Authority], he would, under section 57, refer the same.
(2) Such Court shall deal with the case as if it
had been referred under section 57, and send a copy of its judgment under the
seal of the Court and the signature the Registrar to the [175][Chief
Revenue Authority] and another like copy to the Judge making the reference, who
shall, on receiving such copy, dispose of the case conformably to such
judgment.
(3) References made under sub-section (1), when
made by a Court subordinate to a District Court, shall be made through the
District Court, and, when made by any subordinate revenue Court, shall be made
through the Court immediately superior.
61. Revision of certain decisions of Courts
regarding the sufficiency of stamps.– (1) When any Court in the exercise of its civil or
revenue jurisdiction or any Criminal Court in any proceedings under Chapter XII
or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 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
[176]62. Penalty for executing, etc., instrument not
duly stamped.– (1) Any person–
(a) drawing, making, issuing, endorsing or
transferring, or signing otherwise than as a witness, or presenting for
acceptance or payment, or accepting, paying or receiving payment of, or in any
manner negotiating, any bill of exchange [177][payable
otherwise than on demand] [178][*
* *] or promissory note without the same being duly stamped; or
(b) executing or signing otherwise than as a
witness any other instrument chargeable with duty without the same being duly
stamped; or
(c) voting or attempting to vote under any proxy
not duly stamped;
shall for every such offence be punishable with fine
which [179][shall
be equal to two times of the unpaid duty]:
Provided
that, when any penalty has been paid in respect of any instrument under section
35, section 40 or section 61, the amount of such penalty shall be allowed in
reduction of the fine (if any) subsequently imposed under this section in
respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being
duly stamped, the company issuing the same, and also every person who, at the
time when it is issued, is the managing director or secretary or other
principal officer of the company, shall be punishable with fine which may
extend to [180][one
thousand] rupees.
63. Penalty for failure to cancel adhesive stamp.–
Any person required by section 12 to cancel an adhesive stamp, and failing to
cancel such stamp in manner prescribed by that section, shall be punishable
with fine which may extend to [181][five
hundred] rupees.
[182][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;
shall be punishable with fine
which may extend to one hundred thousand rupees; or
(c) does any other act calculated to deprive the Government of any duty
or penalty under this Act shall be punishable with fine equal to five times the
amount of duty or penalty but shall not be less than one hundred thousand
rupees.]
[183][64A. Punishment
for omission to comply with the provision of the Act.– Any transferring or attesting authority which
willfully and dishonestly fails to comply with any of the provisions of the Act
shall be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to five hundred thousand rupees, or with both.]
65. Penalty for refusal to give receipt, and for
devices to evade duty on receipts.– Any person who–
(a) being required under section 30 to give a
receipt, refuses or neglects to give the same; or,
(b) with intent to defraud the Government of any
duty, upon a payment of money or delivery of property exceeding twenty rupees
in amount or value, gives a receipt for an amount or value not exceeding twenty
rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine
which may extend to [184][five hundred] rupees.
66. Penalty for not making out policy, or making
one not duly stamped.– Any person who–
(a) receives,
or takes credit for, any premium or consideration for any contract of insurance
and does not, within one month after receiving, or taking credit for, such
premium or consideration, make out and execute a duly stamped policy of such
insurance; or
(b) makes,
executes or delivers out any policy which is not duly stamped, or pays or
allows in account, or agrees to pay or allow in account, any money upon, or in
respect of, any such policy;
shall be punishable with fine
which may extend to [185][one thousand] rupees.
67. Penalty for not drawing full number of bills
or marine policies purporting to be in sets.– Any person drawing or executing a bill of exchange [186][payable
otherwise than on demand] or a policy of marine insurance purporting to be
drawn or executed in a set of two or more, and not at the same time drawing or
executing on paper duly stamped the whole number of bills or policies of which
such bill or policy purports the set to consist, shall be punishable with fine
which may extend to [187][five
thousand] rupees.
68. Penalty for post-dating bills, and for other
devices to defraud the revenue.– Any person who–
(a) with intent to defraud the Government of
duty, draws, makes or issues any bill of exchange or promissory note bearing a
date subsequent to that on which such bill or note is actually drawn or made;
or
(b) knowing
that such bill or note has been so post-dated endorses, transfers, presents for
acceptance or payment, or accepts, pays or receives payment of, such bill or
note, or in any manner negotiates the same; or
(c) with
the like intent, practices or is concerned in any act, contrivance or device
not specially provided for by this Act or any other law for the time being in
force;
shall be punishable with fine
which [188][shall be equal to five times the amount of
the unpaid duty subject to a minimum of twenty five
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
[189][(b) any
person, not so appointed, who sells or offers for sale any stamp shall be
punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to one hundred thousand rupees.]
shall be punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to [190][one
thousand] rupees, or with both.
70. Institution and conduct of prosecutions.– (1) No prosecution in respect of any offence punishable under this Act
or any Act hereby repealed shall be instituted without the sanction of the
Collector or such other officer as [191][the
Government] generally, or the
Collector specially, authorises in that behalf.
(2) The [192][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.
[193][71. Jurisdiction
of Magistrates.–
A Magistrate of competent jurisdiction shall try an offence under this Act.]
72. Place of trial.– Every such offence committed in respect of any
instrument may be tried in any district [194][*
* *] in which such instrument is found as well as in any district [195][*
* *] 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.– [196][(1)
Every public officer shall, whenever his business involves an instrument
chargeable with duty under this Act, keep and maintain such registers, books,
records, papers, documents or proceedings relating to payment of that duty in
such form as prescribed by the Board of Revenue and furnish a monthly statement
of payment to the Collector.]
[197][(2)] Every public officer having in his custody
any registers, books records, papers, documents or proceedings, the inspection
whereof may tend to secure any duty, or to prove or lead to the discovery of
any fraud or omission in relation to any duty, shall at all reasonable times
permit any person authorised in writing by the
Collector to inspect for such purpose the registers, books, papers, documents
and proceedings, and to take such notes and extracts as he may deem necessary,
without fee or charge.
74. Power to make rules relating to sale of stamps.–
The [198][Government] [199][*
* *] 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 [200][.]
[201][*
* * * * *]
[202][75. Power
to make rules.– The Government may make rules to carry out
the purposes of this Act.]
76. Publication of rules.– [203][(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.
[204][76-A. Delegation of certain powers.– [205][[206][*
* *] The [207][Government], may by the notification in
the Official Gazette] delegate:-
(a) all or any of the powers conferred on it by
sections 2 (9), 33 (3) (b), 70 (1), 74 and 78 to the [208][Chief
Revenue Authority]; and
(b) all or any of the powers conferred on the [209][Chief
Revenue Authority] by section 45 (1), (2), 56 (1) and 70 (2) to such
subordinate Revenue-authority as may be specified in the notification].
77. Savings as to court-fees.– Nothing in this Act contained shall be
deemed to effect the duties chargeable under any enactment for the time being
in force relating to court-fees.
78. Act to be translated and sold cheaply.–
[210][The
Government] shall make provision for
the sale of translations of this Act in the principal vernacular languages of
the territories administered by it at a price not exceeding [211][twenty-five
paisa] per copy.
79. [Repeal]. Repealed by the Repealing
and Amending Act, 1914 (X of 1914), section 3 and Schedule II.
[212][Schedule I
Stamp-Duty on Instruments
(See Section 3)
Sr. No. |
Description of
Instrument |
Proper Stamp-duty |
||
1. |
[213][ACKNOWLEDGMENT of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book other than a banker’s pass-book or on a separate piece of paper when such book or paper is left in the creditor’s possession: Provided that such acknowledgment does
not contain any promise to pay the debt or any stipulation to pay interest or
to deliver any goods or other property- |
|
||
|
(a) where such amount does not exceed ten thousand rupees. |
Ten rupees. |
||
|
(b) where such amount
exceeds ten thousand rupees but does not exceed twenty thousand rupees. |
Twenty rupees. |
||
|
(c) where such amount exceeds twenty thousand rupees. |
Fifty rupees.] |
||
2. |
ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act 1925, section 6 of the Government Savings Banks Act, 1873:- [214][* * * * * * * *] * * * * * * * *] |
[215][* * * * * * * *] [216][One hundred] rupees. [217][Note: In case of registration of the instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
3. |
ADOPTION DEED, that is to say, any instrument (other than a
will) recording an adoption or conferring or purporting to confer an
authority to adopt. ADVOCATE, See
ENTRY AS AN ADVOCATE (No. 30). |
[218][One hundred] rupees. [219][Note: In case of registration of the instrument, an additional stamp duty of Rs.10/- shall be charged.] |
||
|
||||
4. |
AFFIDAVIT, including an affirmation or
declaration in the case of persons by law allowed to affirm or declare
instead of swearing. Exemptions Affidavit or declaration in writing when made– (a) as a condition of enrolment under the Indian
Army Act, 1911 (VIII of 1911), or the Pakistan Army Act, 1952 (XXIX of 1952)
or the Indian Air Force Act, 1932 (XIV of 1932), or the Pakistan Air Force
Act, 1953 (VI of 1953); (b) for the immediate purpose of being filed or used in any Court or before the officer of any Court; or (c) for the sole purpose of
enabling any person to receive any pension or charitable allowance. |
[220][Three hundred rupees]. |
||
5. |
AGREEMENT OR MEMORANDUM OF AN AGREEMENT– |
|
||
|
(a) if relating to the sale of a bill of exchange; |
[221][Two] rupee. |
||
|
(b) if relating to the sale of a Government security; |
[222][One rupee] for every Rs.10,000 or
part thereof of the value of the security, [223][subject
to a maximum of one hundred rupees [224][but shall
not be less than one hundred rupees].] |
||
|
(c) if relating to the sale of a share in an incorporated company or other body corporate; |
[225][One rupee] for every rupees 5,000 or part thereof of the value of the share. |
||
|
[226][(cc) if relating to the sale of immovable property. |
[227][Three thousand rupees].] |
||
|
[228][(ccc) for collection or recovery of octroi or goods exit tax or tax on transfer of immovable property by a contractor with a Local Council. |
Fifty paisa for every one hundred rupees or part
thereof of the amount of the contract [229][but shall
not be less than one hundred rupees]]. |
||
|
(d) if not otherwise provided for |
[230][Five hundred rupees]. |
||
|
Exemptions Agreement or Memorandum of an
Agreement– (a) for or relating to the purchase of or sale
of goods or merchandise exclusively, not being a NOTE OR MEMORANDUM
chargeable under No. 43; (b) made in the form of tenders to the [231]Central Government for or relating to any loan. AGREEMENT TO LEASE, see LEASE (No. 35). |
[232][Note: In case of registration of the instrument, an additional stamp duty at the rate of 0.1% shall be charged.] |
||
[233][6. |
AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE, that is to say, any instrument
evidencing an agreement relating to– |
|
||
|
(1) the deposit
of title-deeds or instruments constituting or being evidence of the title to
any property whatever (other than marketable security), or |
|
||
|
(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the re-payment of money advanced or to be advanced by way of loan or an existing or future debt– |
|
||
|
(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement; |
|
||
|
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and |
One-fifth of one percent, that is to say, 0.2%
of the loan amount subject to a maximum of [234][five hundred
thousand] rupees [235][but shall not be less than one hundred
rupees]. |
||
|
(ii) in any other case. |
One-fifth of one percent, that is to say, 0.2% of the loan amount [236][but shall not be less than one hundred rupees]. |
||
|
(b) if such loan or debt is repayable not more
than three months from the date of such instrument; |
|
||
|
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and |
One-tenth of one percent, that is to say, 0.1%
of the loan amount, subject to a maximum of [237][five hundred
thousand] rupees [238][but shall not be less than one hundred
rupees]. |
||
|
(ii) in any other case. |
One-tenth of one percent, that is to say, 0.1% of the loan amount [239][but shall not be less than one hundred rupees].] [240][Note: In case of registration of the instrument, an additional stamp duty at the rate of 0.1% shall be charged.] |
||
7. |
APPOINTMENT IN EXECUTION OF A POWER, where made by any writing not being a will– |
|
||
|
(a) of trustees |
[241][One hundred] rupees. |
||
|
(b) of property, movable or immovable. |
[242][One hundred]. |
||
8. |
APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit– [243][ (a) * * * * * (b) * * * * *] Exemptions (a) Appraisement of valuation made for the
information of one party only, and not being in any manner obligatory between
parties either by agreement or operation of law. (b) Appraisement of crop for the purpose of ascertaining the amount to be given to a landlord as rent. |
[244][* * *] [245][One hundred] rupees. |
||
9. |
APPRENTICESHIP-DEED, including every writing relating to
the service or tuition of any apprentice clerk or servant, placed with any
master to learn any profession, trade or employment not being ARTICLES OF
CLERKSHIP (No. 11). Exemptions Instrument of apprenticeship executed by a
Magistrate under the Apprentices Act, 1850 (XIX of 1850), or by which a
person is apprenticed by or at the charge of any public charity. |
[246][One hundred] rupees. |
||
[247][10. |
* * * * |
* * * * * *] |
||
11. |
ARTICLES OF CLERKSHIP or contract whereby any person first
becomes bound to serve as a clerk in order to his admission as an attorney in
any High Court. ASSIGNMENT, see CONVEYANCE (No. 23), TRANSFER (No. 62) and TRANSFER OF LEASE (No. 63), as the case may be. ATTORNEY. see ENTRY AS AN ATTORNEY (No. 30), and POWER OF ATTORNEY (No. 48). AUTHORITY TO ADOPT, see ADOPTION-DEED (No. 3). |
[248][Seven hundred and fifty] rupees. |
||
[249][11-A |
AIR TICKETS issued by any Airline– |
|
||
|
(i) for domestic flights; |
Twenty five rupees per ticket |
||
|
(ii) for international flights. |
Two hundred and fifty rupees per ticket]. |
||
[250][11-B |
AUTHENTICATED DECLARATIONS that is to
say declarations of newspapers, periodicals or printing presses authenticated
by a legally competent authority. EXPLANATION I. The duty
shall be paid by the declarant. EXPLANATION II. The declaration shall not be authenticated
unless the duty is paid. |
Five thousand rupees per Declaration]. |
||
12. |
AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit. |
[251][[252][Three percent] of] the amount or value of the property to which the award relates as set forth in such award. [253][* * *] |
||
12-A |
[254][* * * * * * * * * * * * * * *
* |
* * * * * * * * * * * *] |
||
12-B |
[255][* * * * * * * * * * * * * * *
* |
* * * * * * * * * * * *] |
||
13. |
BILL OF EXCHANGE as defined by section 2(2) not being BOND,
bank note or currency note– [256][(a) where
payable otherwise than on demand but not more than one year after date or
sight– |
|
||
|
(i) if drawn singly |
Two rupees for every one thousand rupees or part
thereof of the amount of the Bill [257][but shall not be
less than one hundred rupees]. |
||
|
(ii) if drawn in set of two or more, for each part of the set. |
One
rupee for every one thousand rupees or part thereof of the amount of the Bill
[258][but shall not be
less than one hundred rupees]]. |
||
|
(b) where payable more than one year after date or sight– |
|
||
|
[259][If drawn singly; |
Three
rupees for every one thousand rupees or part thereof of the amount of the
Bill [260][but shall not be
less than one hundred rupees]. |
||
|
If drawn in set of two, for each part of the set; |
Two
rupees for every one thousand rupees or part thereof of the amount of the
Bill [261][but shall not be
less than one hundred rupees]. |
||
|
If drawn in set of three, for each part of the set; |
One
rupee for every one thousand rupees or part thereof of the amount of the Bill
[262][but shall not be
less than one hundred rupees].] |
||
14. |
BILL OF LADING (including a through bill of lading). Note– If a bill of lading is drawn in parts, the proper stamp therefor must be borne by each one of the sets. Exemptions– (a) Bill of lading when the goods therein described are received at a
place within the limits of any port as defined under the Ports Act, 1908 (XV
of 1908), and are to be delivered at another place within the limits of the
same port. (b) Bill of lading when executed out of |
[263][One hundred] rupees. |
||
[264][15. |
BOND as defined by section 2 (5) not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870– |
|
||
|
(i) where
the amount or value secured does not exceed five hundred rupees. |
Fifteen rupees [265][but shall not be less than one hundred rupees]. |
||
|
(ii) where
it exceeds five hundred rupees, for every additional amount of five hundred
rupees or part thereof. |
Fifteen rupees [266][but shall not be less than one hundred rupees]] |
||
|
See ADMINISTRATION BOND (No.2), BOTTOMERY BOND (No.16), CUSTOMS BOND (No.26). INDEMNITY BOND (No.34), RESPONDENTIA BOND (No.56), SECURITY BOND
(No.57). Exemption
Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a Charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem. |
[267][Note: In case of registration of the instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
16. |
BOTTOMERY BOND, that is to say, any instrument
where by the master of a seagoing ship borrows money on the security of ship
to enable him to preserve the ship or prosecute her voyage. |
The same duty as on a bond (No. 15)
for the same amount. [268][Note: In case of registration of the instrument, an additional
stamp duty of Rs.25/- shall be charged.] |
||
17. |
CANCELLATION, instrument of
(including any instrument by which any instrument previously executed is
cancelled), if attested and not otherwise provided for. See also RELEASE
(No. 55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61),
REVOCATION OF TRUST (No. 64-B). |
[269][Five hundred rupees]. |
||
18. |
[270][CERTIFICATE OF SALE (in respect of each property put up as a
separate lot and sold) granted to the purchaser of any property sold by
public auction by a Civil or Revenue Court, or Collector or other Revenue
Officer: |
|
||
|
a) in
case of immovable property in an urban area; and |
[271][Two] percent of the value of the property. |
||
b) in
any other case |
Three percent of the value of the property. |
|||
NOTE: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the consideration exceeds Rs.500,000/.] |
||||
19. |
[272][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. |
One hundred rupees] |
||
20. |
CHARTER PARTY, that is to say, any instrument (except an agreement for the hire of a tug-steamer) where by a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not. |
[273][one hundred] rupees. |
||
21. |
[274][* * * *] |
|
||
22. |
COMPOSITION-DEED, that is to say, any instrument
executed by a debtor whereby he conveys his property for the benefit of his
creditors, or whereby payment of a composition or dividend on their debts is
secured to the creditors, or whereby provision is made for the continuance of
the debtor’s business under the supervision of inspector or under letters of licence for the benefit of his creditors. |
[275][One hundred] rupees. |
||
[276][22-A. |
CONTRACT, that is to say any
instrument of the nature of memorandum of Agreement made or entered into by a
contractor with Government, Corporation, Local Body, Local Authority, agency
or organization set up or controlled by the [277][Federal
Government] or the [278][Government]- |
|
||
|
(a) to execute any work– |
|
||
|
(i) where the amount of
the contract does not exceed five lac rupees.. |
[279][Three thousand] rupees |
||
|
(ii) where it exceeds
five lac rupees but does not exceed ten lac rupees. |
[280][Five] thousand rupees |
||
|
(iii) where it exceeds ten
lac rupees but does not exceed fifty lac rupees. |
[281][Eight] thousand rupees |
||
|
(iv) where it exceeds
fifty lac rupees but does not exceed one crore and fifty lac rupees. |
[282][Fifteen] thousand rupees |
||
|
(v) where it exceeds one
crore and fifty lac rupees. |
[283][Thirty] thousand rupees |
||
|
(b) to procure stores and materials |
Twenty-five paisas for every one hundred rupees or part thereof of the amount of the contract subject to a minimum of twelve hundred rupees.] |
||
23. |
[284][CONVEYANCE as defined by section 2(10) not being a TRANSFER charged or exempted under Article 62: |
|
||
|
(a) In case of immovable property in an urban area; and |
[285][Two] percent of the value of property. |
||
|
(b) in any other case |
Three percent of the value of the property. [286][Note-I]: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the amount of consideration exceeds Rs.500,000/-. [287][Note-II: The rate of the stamp duty shall be 0.5 percent of the
value of a property to be transferred to a Real Estate Investment Trust (REIT),
and the rate of the stamp duty shall be one percent of the value of a
property which is to be transferred by REIT to the end users. Explanation. The term “value” means the real value but not below the one prescribed in valuation table issued under section 27-A of this Act.] |
||
|
[288][* * * * * * * * *] |
[289][* * * * * * * *] |
||
24. |
COPY OR EXTRACT certified to be a true copy or extract by or by
order of any public officer and not chargeable under the law for the time
being in force relating to court-fees– |
|
||
|
(i) if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed four rupees; |
Two rupees |
||
|
(ii) in any other case 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. |
[290][Ten] rupees. |
||
25. |
[291][COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid– [292][(a) * * * * *] (b) * * * * *] Exemption
– Counterpart of any lease granted to cultivator when such lease is exempted from duty |
[293][* * *] One hundred rupees.] |
||
26. |
CUSTOMS’ BOND– [294][(a) * * * * *] (b) * * * * *] |
[295][* * * * * * * ] [296][One hundred] rupees. [297][Note: In case of
registration of the instrument, an additional stamp duty of Rs.25/- shall be
charged.] |
||
[298][27. |
DEBENTURE OR PARTICIPATION TERM CERTIFICATE OR TERM FINANCE CERTIFICATE OR ANY OTHER INSTRUMENT OF REDEEMABLE CAPITAL OTHER THAN A COMMERCIAL PAPER (whether or not a mortgage debenture, a Participation Term Certificate, a Term Finance Certificate or any other instrument of redeemable capital), being a marketable security transferable by endorsement or by separate instrument of transfer or by delivery. Explanation-I. The term “Debenture”
includes any interest coupons attached thereto, but the amount of such
coupons shall not be included in estimating the duty. Explanation-II. The term “Participation Term Certificate” means an instrument or certificate of a specified denomination called the face value or nominal value, issued by a company for raising capital, the holder whereof participates in the profit and loss of the company over such period to such extent and on such conditions as may be specified at the time of its issue. Explanation-III. The term “Term Finance Certificate” means a fixed tenure instrument or certificate of a specified denomination called the face value or nominal value issued to raise capital by a body corporate in the form of transferable security.] |
One-twentieth of one percent, that is to
say, 0.05% of the face value [299][*
* *] subject to a maximum of one million rupees [300][but shall not be
less than one hundred rupees]. |
||
[301][27-A. |
[302][DECREE, RULE OF A COURT OR AN ORDER OF A COURT based on mutual consent
of the parties in cases involving transfer of an immovable property including
sale, exchange, gift or mortgage, declaring or conferring a right in, or
title to, an immovable property: |
|
||
|
a) in case of immovable property in an urban area; and |
[303][Two] percent of the value
of the property. |
||
|
b) in any other case |
Three percent of the value
of the property. |
||
|
EXPLANATION.- Value, in this Article,
means the value of the property in accordance with the valuation table as
notified by the Collector or where valuation table is not available, the
average sale price of a property of similar nature in the same revenue estate
or locality in the preceding year as may be determined by the Collector. |
NOTE: In case of registration of the
instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount
of consideration does not exceed Rs.500,000/-; and (b) Rs. 1000/-, if the
consideration exceeds Rs.500,000/-.] |
||
28. |
[304][DELIVERY-ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any ware-house in which goods are stored or deposited on rent or hire, or upon any wharf such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees. DEPOSIT OF TITLE-DEEDS. see AGREEMENT relating to DEPOSIT OF
TITLE-DEEDS, PAWN OR PLEDGE (No.6). DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46). |
One hundred rupees] |
||
29. |
DIVORCE-Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage. DOWER- Instrument of, See SETTLEMENT (No. 58). DUPLICATE, See COUNTERPART (No. 25). |
[305][One thousand rupees]. |
||
30. |
[306][* * * * * * * *] |
|
||
[307][31. |
EXCHANGE of immovable property: |
|
||
(a) in case of immovable property in an urban
area; |
[308][Two] percent of the value of each immovable property |
|||
(b) in case of immovable property in rural
area; |
Three percent of the value of each immovable property |
|||
(c) in case of exchange
between urban and rural property. |
[309][Two] percent of the value of urban immovable property and three percent of the value of rural immovable property Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) five hundred rupees if the amount of consideration does not exceed five hundred thousand rupees; and (b) one thousand rupees if the amount of consideration exceeds five hundred thousand rupees.] |
|||
32. |
FURTHER CHARGE-Instrument of, that is to say, any instrument imposing a further charge on mortgaged property– |
|
||
|
(a) when the original mortgage is one of the description referred to in clause (a) of Article No. 40
(that is, with possession); |
[310][Two percent of the] consideration equal to the amount of the further charge secured by such instrument. |
||
|
(b) when such mortgage is one of the description referred to in clause (b) of Article No. 40
(that is, without possession)– |
|
||
|
(i) if at the time of execution of the
instrument of further charge possession of the property is given or agreed to
be given under such instrument; |
[311][Two percent of the] consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge. |
||
|
(ii) if possession is not so given; |
[312][Two percent of] the amount of the further
charge secured by such instrument. [313][Note: In case of
registration of the instrument, an additional stamp duty shall be charged as
under: (a) Rs.500/-, if the amount of consideration does not exceed
Rs.500,000/-; and (b) Rs.1000/-, if the amount of consideration
exceeds Rs.500,000/-.] |
||
33. |
[314][GIFT – Instrument of, including a memorandum of oral gift of an immovable property, not being a SETTLEMENT (Article 58) or WILL or TRANSFER (Article 62) – when executed in respect of an immovable property: |
|
||
|
a) in case
of immovable property in an urban area; and |
[315][Two] percent of the value of the
property: provided that if the gift deed is executed between spouses, father,
mother, son, daughter, grandparent, sibling or from one wife or widow to
another wife or widow of the same husband, the rate of stamp duty shall be [316][Two] percent of the value of the
property. |
||
|
b) in any
other case |
Three percent of the value of the
property. Note: In case of registration of the
instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed
Rs.500,000/-; and (b) Rs.1000/-, if the amount of consideration
exceeds Rs.500,000/-.] |
||
34. |
INDEMNITY BOND INSPECTORSHIP-DEED, see COMPOSITION-DEED (No. 22). INSURANCE, see POLICY OF INSURANCE (No. 47). |
The same duty as on a Security Bond (No.
57) for the same amount. [317][Note: In case of registration of the
instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
[318][35. |
LEASE, including an under lease or sub-lease and any agreement to let or sub-let: (1) whereby such lease the rent is fixed and no premium is paid or delivered: |
|
||
|
(a) Where the lease purports to be for a term of less than twenty years: |
3.25 percent of the average annual rent of the lease. |
||
|
(b) Where the lease purports to be for a term of twenty years or above or in perpetuity: |
|
||
|
(i) In case of immovable property in an urban area; |
Two percent of the value of the immovable property or rental values whichever is higher |
||
|
(ii) in any other case |
Three percent of the value of the immovable property or rental value whichever is higher. Note: An additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/-. |
||
|
(c) where the lease is granted for advance money and where no rent is reserved: |
|
||
|
(i) in case of immovable property in an urban area; and |
Two percent of the consideration equal to the amount of advance as set forth in the lease. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/-. |
||
|
(ii) in any other case |
Three percent of the consideration equal to the amount of advance as set forth in the lease. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-,if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-,if the amount of consideration exceeds Rs.500,000/- |
||
|
(d) where the lease is granted for a fine or premium and where no rent is reserved: |
|
||
|
(i) in case of immovable property in an urban area; and |
Two percent of the consideration equal to the amount of a fine or premium as set forth in the lease. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/-. |
||
|
(ii) in any other case |
Three percent of the consideration equal to the amount of advance as set forth in the lease. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/-. |
||
|
(2)(a) where the lease is granted for money advanced in addition to the rent reserved: |
|
||
|
(i) in case of immovable property in an urban area; and |
Two percent of the consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no advance had been paid or delivered. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-,if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/-. |
||
|
(ii) in any other case |
Three percent of the consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no advance had been paid or delivered. Note: In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/-, if the amount of. Consideration does not exceeds Rs.500,000 /-; and (b) Rs.1000/-, if amount of consideration exceeds Rs.500,000/- |
||
|
(b) where the lease is granted for a fine or premium in addition to the rent reserved |
|
||
|
(i) in case of immovable property in an urban area; and |
Two percent of the consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no advance had been paid or delivered. Note. In case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/- if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/- if amount of consideration exceeds Rs.500,000/- |
||
|
(ii) in any other case |
Three percent of the consideration equal to the amount of advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no advance had been paid or delivered. Note: in case of registration of the instrument, an additional stamp duty shall be charged as under: (a) Rs.500/- if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/- if amount of consideration exceeds Rs.500,000/-”.] |
||
36. |
[319][LETTER OF ALLOTMENT OF SHARES in any company or proposed company or in respect of any loan to be raised by any company or proposed company. See also CERTIFICATE OR OTHER DOCUMENT (No. 19). |
Fifty rupees] |
||
37. |
[320][* * * * * * * * * * * * |
* * * * * * *] |
||
38. |
LETTER OF
LICENCE, that is to say, any agreement between a debtor and his creditors,
that the letter shall, for a specified time, suspend their claims and allow
the debtor to carry on business at his own discretion. |
[321][One hundred] rupees. |
||
[322][39. |
* * * * * |
* * * * * *] |
||
40. |
MORTGAGE-DEED not being an AGREEMENT
RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6), BOTTOMERY BOND
(No. 16), MORTGAGE OF A CROP (No. 41), RESPONDENTIA BOND (No. 56). OR
SECURITY BOND (No. 57)– |
|
||
|
(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; |
[323][[324][Three percent] of the]
consideration equal to the amount secured by such deed. [325][Note: In case
of registration of the instrument, an additional stamp duty shall be charged
as under: (a) Rs. 500/-, if the amount
of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the amount of
consideration exceeds Rs.500,000/-] |
||
|
(b) when possession is not given or agreed to
be given as aforesaid; Explanation– A mortgagor who gives to the mortgagee a power of
attorney to collect rents or a lease of the property mortgaged or part
thereof, is deemed to give possession within the meaning of this Article. |
[326][[327][Three percent] of] the amount secured by such
deed. [328][Note: In case of
registration of the instrument, an additional stamp duty shall be charged as
under: (a) Rs. 500/-, if the amount
of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the amount of
consideration exceeds Rs.500,000/-] |
||
|
||||
|
(c) when a collateral or
auxiliary or additional or substituted security, or by way of further
assurance for the above mentioned purposes where the
principal or primary security is duly stamped– |
|
||
|
for every sum secured not exceeding Rs.
1,000; |
Ten rupees. |
||
|
and
for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000. |
Ten rupees. [329][Note: In case of
registration of the instrument, an additional stamp duty shall be charged as
under: (a) Rs. 500/-, if the amount
of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the amount of
consideration exceeds Rs.500,000/-] |
||
|
[330][(d) (i) mortgage
with banking companies, that is to say, simple or legal mortgage for banking
companies or other financial institutions, when the entire finance is not
based on interest; and |
[331][0.45% of the loan amount subject to a
maximum of [332][five hundred
thousand] rupees; and |
||
|
(ii) in any other case. Exemptions (1) Instruments, executed by
persons taking advances under the Land Improvement Loans Act, 1883, or the [333][ (2) Letter of hypothecation accompanying a Bill of Exchange. |
0.45% of the loan amount.] |
||
[334][41. |
MORTGAGE OF
A CROP, including any instrument evidencing an
agreement to secure the repayment of a loan made upon any mortgage of a crop,
whether the crop is or is not in existence at the time of mortgage- |
|
||
(a) When the loan is repayable, not more than three months from the date of the instrument. |
0.5 percent of the loan amount subject to a minimum of one hundred rupees. |
|||
(b) When the loan is repayable more than three months, but not more than eighteen months from the date of the instrument. |
2 percent of the loan amount subject to a minimum of one hundred rupees.] |
|||
42. |
[335][NOTARIAL
ACT,
that is to say, any instrument, endorsement, note, attestation, certificate
or entry not being a PROTEST (No. 50) made or signed by a Notary Public in
the execution of the duties of his office, or by any other person lawfully
acting as a Notary Public. See
also PROTEST OF BILL OR
NOTE (No.50). |
Fifty rupees] |
||
43. |
NOTE OR MEMORANDUM sent by a broker or agent to his
principal intimating the purchase or sale on account of such principal– |
|
||
|
(a) of any goods exceeding in value twenty rupees; |
[336][Five] rupees. |
||
|
(b) of any stock or marketable security exceeding in value twenty rupees, not being a Government Security; |
[337][Five] rupees for every Rs.5,000 or
part thereof of the value of the stock or security. |
||
|
(c) of a Government security |
[338][One rupee] for every 10,000 rupees
or part thereof of the value of the security subject to a maximum of [339][Fifty]
rupees. |
||
44. |
NOTE OF PROTEST BY THE MASTER OF A SHIP. See also PROTEST BY MASTER OF A SHIP (No. 51). ORDER FOR THE PAYMENT OF MONEY. See BILL OF EXCHANGE (No. 13). |
[340][One hundred] rupees. |
||
45. |
PARTITION-Instrument of [as defined by section 2 (15)]. |
[341][[342][One percent] of] the amount of the value of the separated share or shares of the property. |
||
Explanation– The largest share remaining after the property is partitioned (or if
there are two or more shares of equal value and not smaller than any of the
other shares, than one of such equal shares) shall be deemed to be that from
which other shares are separated: |
||||
Provided always that– (a) when an instrument of partition containing an agreement to
divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty
chargeable upon the instrument affecting such partition shall be reduced by
the amount of duty paid in respect of the first instrument but shall not be
less than [343][one
hundred rupees]; |
||||
(b) where land is held on Revenue Settlement for a period not
exceeding thirty years and paying the full assessment, the value for purpose
of duty shall be calculated at not more than five times the annual revenue; |
||||
(c) where a final order for
effecting a partition passed by any Revenue authority or any Civil Court, or
an award by an arbitrator directing a partition, is stamped with the stamp
required for an instrument of partition in pursuance of such order or award
is subsequently executed, the duty on such instrument shall not exceed [344][one hundred rupees]; |
||||
|
|
[345][(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]. |
||
|
|
[346][Note: In case of registration of the
instrument, an additional stamp duty shall be charged as under: (a) Rs. 500/-, if the amount of consideration does not exceed Rs.
500,000/-; and (b) Rs.1000/-, if the amount of consideration exceeds Rs.
500,000/-.] [347][Exception.– Notwithstanding
anything contained herein, a fixed stamp duty of five hundred rupees shall be
charged in respect of an instrument of partition relating to an urban or
rural property including agricultural land, which is partly or wholly based
on opening of inheritance.] |
||
46. |
PARTNERSHIP–
A-INSTRUMENT OF– |
|
||
|
(a) where the capital of the partnership does
not exceed Rs. [348][10,000/-] |
[349][Two hundred
rupees]. |
||
|
(b) in
any other case |
[350][One thousand
rupees]. |
||
|
B-DISSOLUTION OF– |
|
||
|
PAWN OR PLEDGE, See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE
(No. 6). |
[351][Half of the stamp duty payable on
original] [352][Note: In case of registration of the instrument,
an additional stamp duty of Rs.25/- shall be charged.] |
||
47. |
[353][POLICY OF INSURANCE– A-See
INSURANCE (see section 7)– |
|
||
|
(1) For each voyage– |
if
drawn singly. |
if
drawn in duplicate, for each part. |
|
|
(i) where
the premium or consideration does not exceed the rate of 1/8 percent of the
amount insured by the policy; for every full sum of Rs. 5,000 and also any
fractional parts thereof insured by the policy |
Ten
rupees |
Ten
rupees |
|
|
(ii) in any
other case, in respect of every full sum of Rs. 2,000 and also any fractional
part thereof insured by the policy |
Ten
rupees |
Ten
rupees |
|
|
(2) For time– |
|
||
|
in respect of every full sum of Rs.2,000 or part thereof insured by the policy– |
|
||
|
(i) where the insurance shall be made for any time not exceeding six months; |
Ten rupees |
Ten rupees |
|
|
(ii) where the insurance shall be made for any time exceeding six months and not exceeding twelve months–. |
Twenty rupees |
Ten rupees |
|
|
B-FIRE-INSURANCE AND OTHER CLASSES OF INSURANCE, NOT ELSEWHERE
INCLUDED IN THIS ARTICLE, COVERING GOODS, MERCHANDISE, PERSONAL EFFECTS,
CROPS, AND OTHER PROPERTY AGAINST LOSS OR DAMAGE– |
|
||
|
(1) in respect of an original policy– |
|
||
|
(i) when the sum insured does not exceed Rs.5,000; |
Fifty rupees |
||
|
(ii) in any other case and |
One hundred rupees |
||
|
(2) in respect of each receipt for any payment of a premium on any renewal of an original policy. |
One half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53 |
||
|
C-ACCIDENT
AND SICKNESS-INSURANCE– |
|
||
|
(a) Against railway accident, valid for a single journey only. |
Fifty rupees |
||
|
Exemption |
|
||
|
When
issued to a passenger travelling by the intermediate or the third class in
any railway. |
|
||
|
(b) In any other case for the maximum amount which may become payable in the case of any single accident or sickness where such amount does not exceed Rs.2,000 and also where such amount exceeds Rs.2,000 for every Rs.2,000 or part thereof. |
Ten rupees; provided that, in case of a
policy of insurance against death by accident when the annual premium payable
does not exceed Rs. 10
per Rs. 100,000 the duty on such instrument shall be ten rupees
for every Rs. 1,000 or part thereof of the maximum amount which may become
payable under it. |
||
|
D-INSURANCE BY WAY OF INDEMNITY– Against liability to pay damages on account of accidents to workmen employed by or under the insurer or against liability to pay compensation under the Workmen’s Compensation Act, 1923, for every Rs.100 or part thereof payable as premium. |
Three rupees |
||
|
E-LIFE INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY PROVIDED FOR, except such a RE-INSURANCE as is described in Division of this article– |
If drawn singly |
If drawn in duplicate for each part |
|
|
(i) for every sum insured not exceeding Rs.250; |
Ten rupees |
Ten rupees |
|
|
(ii) for every sum insured exceeding Rs.250 but not exceeding Rs.500; |
Ten rupees |
Ten rupees |
|
|
(iii) for every sum insured exceeding Rs.500 but not exceeding Rs.1,000 and also for every Rs.1,000 or part thereof in excess of Rs.1,000. |
Ten rupees |
Ten rupees |
|
|
Exemption |
|
||
|
Policies
of life insurance granted by the Director-General of Post Offices in
accordance with rules for Postal Life Insurance issued under the authority of
the Federal |
|
||
|
F-RE-INSURANCE BY AN INSURANCE COMPANY WHICH HAS GRANTED A POLICY
OF THE NATURE SPECIFIED IN DIVISION A OR DIVISION B OF THIS ARTICLE WITH
ANOTHER COMPANY BY WAY OF INDEMNITY OR GUARANTEE AGAINST THE PAYMENT ON THE
ORIGINAL INSURANCE OF A CERTAIN PART OF THE SUM INSURED THEREBY. |
One half of the duty payable in respect
of the original insurance but not less than ten rupees or more than one
hundred rupees.” |
||
|
General Exemption |
|
||
|
Letter of cover or engagement to issue a policy of insurance: |
|
||
|
Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy nothing shall be claimable thereunder, nor shall it be available for any purpose, except to compel the delivery of the policy therein mentioned. |
|
||
48. |
POWER-OF-ATTORNEY as defined by section 2 (21), not
being a proxy (No. 52)– |
|
||
|
[354][(a) when executed for authorizing not more than ten persons; |
[355][Two thousand rupees]. [356][Note: In case of registration of the instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
|
(b) when given for consideration and authorizing the attorney to sell any immovable property; |
[357][Three percent of the amount calculated according to the value notified by the District Collector] [358][Note: In case of registration of the instrument,
an additional stamp duty shall be charged as under: (a) Rs. 500/-, if the amount of consideration does not exceed Rs.
500,000/-; and (b) Rs.1000/-, if the amount of consideration exceeds Rs. 500,000/-] |
||
|
[359][(bb) when given without consideration for authorising the attorney to sell any immovable property.] |
[360][(a) [361][Three thousand] rupees in case the Power of Attorney is executed between spouses or between one wife or widow and another wife or widow of the same husband, or between father, mother, son, daughter, grandparents, grandchildren or siblings; and (b) Two percent of the value calculated according to the value notified by the District Collector in all other cases.] [362][Note: In case of registration of the instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
|
(c) in any other case. |
[363][One hundred] rupees for each person authorized.] |
||
|
Explanation 1– For the purposes of this Article
more persons than one when belonging to the same firm shall be deemed to be
one person. Explanation 2– The term “Registration” includes
every operation incidental to registration under the Registration Act, 1908. |
|
||
49. |
[364][PROMISSORY NOTE as defined by section 2(22)– |
|
||
|
(a) when payable on demand– |
|
||
|
(i) when the
amount or value does not exceed Rs. 2,50,000/- |
Two hundred rupees |
||
|
(ii) when the
amount or value exceeds Rs. 2,50,000/- but does not exceed Rs. 5,00,000/- |
Three hundred rupees |
||
|
(iii) in any other case |
Five hundred
rupees |
||
|
(b) when payable otherwise than on demand, including a commercial paper. |
One-fiftieth of one percent, that is to say, 0.02% per annum of the amount payable subject to a maximum of one hundred thousand rupees.] |
||
50. |
[365][PROTEST OF BILL OR NOTE, that is to say, any declaration in writing made by a Notary Public, or other person lawfully acting as such, attesting the dishonour of a Bill of Exchange for promissory note. |
One hundred rupees.] |
||
51. |
PROTEST BY THE MASTER
OF A SHIP, that is to say, any declaration of the particulars of her voyage
drawn up by him with a view to the adjustment of losses or the calculation of
averages, and every declaration in writing made by him against the charterers
or the consignees or not loading or unloading the ship, such declaration is
attested or certified by a Notary Public or other person lawfully acting as
such. See also NOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44). |
[366][One hundred] rupees. |
||
52. |
[367][PROXY empowering any person to vote at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable; (b) a local authority; or (c) proprietors, members or contributors to the funds of any institution. |
Fifty rupees.] |
||
53. |
[368][RECEIPTS as defined by section 2 (23) for any money or
other property the amount or value of which exceeds twenty rupees– |
|
||
|
(a) where such amount does not exceed ten
thousand rupees |
Ten rupees |
||
|
(b) where
such amount exceeds ten thousand rupees but does not exceed twenty thousand
rupees |
Twenty rupees |
||
|
(c) where such amount exceeds twenty thousand rupees |
Fifty rupees.] |
||
|
Exemptions |
|
||
|
Receipts– |
|
||
|
(a) endorsed on or contained in any instrument duly stamped or any instrument exempted under the proviso to section 3 (instruments executed on behalf of the Government) or any cheque or bill of exchange, payable on demand acknowledging the receipt of the consideration money therein expressed, or the receipt of any principal-money, interest or annuity, or other periodical payment thereby secured; |
|
||
|
(b) for any payment of money without consideration; |
|
||
|
(c) for any payment of rent by a cultivator on account of land assessed to Government revenue; |
|
||
|
(d) for pay or allowances by non-commissioned
or petty officers, soldiers, sailors or airmen of the armed forces of
Pakistan/Pakistan’s military, naval or air forces, when serving in such
capacity, or by mounted police |
|
||
|
(e) given by holders of family-certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned as a non-commissioned or petty officer, soldier, sailor or airman, or any of the said forces and serving in such capacity; |
|
||
|
(f) for pensions or allowances by persons receiving such pensions or allowances in respect of their services as such, non-commissioned or petty officers, soldiers, sailors or airmen, and not serving the State in any other capacity; |
|
||
|
(g) given by a headman or lambardar for land-revenue or taxes collected by him; |
|
||
|
(h) given for money or securities for money deposited in the hands of any banker to be accounted for: |
|
||
|
Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for: |
|
||
|
Provided also that this exemption shall not extend to receipt or acknowledgment for any sum paid or deposited for, or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such proposed or intended company or body or in respect of a debenture being a marketable security. |
|
||
54. |
RE-CONVEYANCE OF MORTGAGED PROPERTY– [369][(a) * * * * * *] [(b) * * * * * *] |
[370][* * * * * *]. [371][One thousand rupees]. [372][Note: in case of the registration of the instrument, an additional stamp duty shall be charged equal to the amount of the registration fee paid on the principal mortgage deed.] |
||
[373][55. |
RELEASE, that is to say any instrument not being such a release as is provided for by section 23A whereby a person renounces a claim on another person or against any specified property. |
|
||
|
(a) When executed between spouses or between one wife or widow of the same husband or between father, mother, son, daughter, grandparents, grandchildren, or sibling. |
|
||
|
(i) In case of immovable property in an urban area. |
[374][2] percent of the value of the share of the immovable property over which the claim is renounced. |
||
|
(ii) In case of immovable property in rural area |
3 percent of the value of the share of the immovable property over which the claim is renounced. |
||
|
(b) In any other case. |
|
||
|
(i) In case of immovable property in an urban area. |
[375][2] percent of the value of the share of the immovable property over which the claim is renounced. |
||
|
(ii) In case of immovable property in rural area |
3 percent of the value of the share of the immovable property over which the claim is renounced. Note: In case of registration of the instrument: (a) Rs.500/-, if the amount of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-,
if the amount of consideration exceeds |
||
|
|
|
||
56. |
RESPONDENTIA BOND that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. REVOCATION OF ANY TRUST OR SETTLEMENT. See SETTLEMENT (No. 58), TRUST (No. 64). |
The same duty as on a Bond (No. 15) for the amount of the loan secured. [376][Note: In case of registration of the instrument, an additional stamp duty of Rs.25/- shall be charged.] |
||
57. |
SECURITY BOND OR MORTGAGE DEED executed by way of security for the due execution of an office, or to account for money or other property received by virtue thereof or executed in favour of a Court for the due discharge of a contingent liability or executed by a surety to secure the due performance of a contract– |
|
||
|
(a) when the amount secured does not exceed Rs. 1,000; |
[377][Thirty rupees]. |
||
|
(b) in any other case. |
[378][One hundred] rupees. |
||
|
Exemption Bond or other instrument, when executed– (a) by any person for the purpose of guaranteeing that to the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem; (b) under No. 3-A of the rules made by the Provincial Government under section 70 of the Sind Irrigation Act, 1879; (c) executed by persons taking advances under the Land Improvement Loans Act, 1883, or the [379][Punjab] Agriculturists Loans Act, 1958, or by their sureties, as security for repayment of such advances; (d) executed by servants of the State or their sureties to secure the due execution of an office or the due accounting for money or other property received by virtue thereof. |
[380][Note: In case of registration of the instruments, an additional stamp duty of Rs.25/- shall be charged.] |
||
|
||||
58. |
SETTLEMENT– |
|
||
|
A-Instrument of (including a deed of dower)– |
|
||
|
[381][(i) where the settlement is made in favour of
legal heirs in respect of agricultural land. |
|||
|
[384][(ii)] where the settlement is made for a religious or charitable purpose; |
[385][[386][[387][One] percent] of the] sum equal to the amount or value of the
property settled. |
||
|
[388][(iii)] in any other case. |
[389][[390][[391][One] percent] of the]
consideration
equal to the amount or value of the property settled: |
||
|
Exemption– Deed of dower executed on the occasion of marriage between
Muslims. |
Provided that,
where an agreement to settle is stamped with the stamp required for an
instrument of settlement, and an instrument of settlement in pursuance of
such agreement is subsequently executed, the duty on such instrument shall
not exceed [392][one hundred
rupees]: Provided further that, where an instrument
of settlement contains any provision for the revocation of the settlement,
the amount or value of the property settled shall, for the purposes of duty,
be determined as if no such provisions were contained in the instrument. |
||
|
B-Revocation of– |
[393][[394][One] percent of the] consideration equal to the
amount or value of the property concerned as set forth in the instrument of
revocation but not exceeding [395][one hundred rupees]. |
||
|
See also TRUST (No. 64). |
[396][Note: In case of registration of the instruments, an additional stamp duty
shall be charged as under: (a) Rs. 500/-,
if the amount of consideration does not exceed Rs. 500,000/-; and (b) Rs.1000/-,
if the amount of consideration exceeds Rs. 500,000/-.] |
||
59. |
SHARE WARRANTS to bearer issued under the Companies Act, 1913[397]. Exemption Share warrant when issued by a company in
pursuance of the Companies Act, 1913[398],
section 30, to have effect only upon payment, as composition for that duty,
to the Collector of Stamp revenue of– (a) one and a half per centum of the whole
subscribed capital of the company; or (b) if any company which has
paid the said duty or composition in full subsequently issues an addition to
its subscribed capital–one and a half per centum of the additional capital so
issued. SCRIP-See CERTIFICATE (No. 19). |
One and a half times the duty payable on a debenture [No. 27 (b)] for a consideration equal to the nominal amount of the shares specified in the warrant. |
||
60. |
SHIPPING ORDER for or relating to the conveyance of
goods on board of any vessel. |
[399][Five] rupees. |
||
61. |
SURRENDER OF LEASE– [400][(a) * * * * * *] [(b) * * * * * *] Exemption- Surrender of lease, when such lease exempted from duty. |
[401][* * * * * * *] [402][One thousand rupees]. [403][Note: An additional stamp duty at the rate of 5/8th of the stamp duty which was paid on the original lease deed.] |
||
62. |
TRANSFER (Whether with or without consideration)– |
|
||
|
(a) of shares in an incorporated company or other body corporate; |
One-fourth of the duty payable on a conveyance (No. 23) for a
consideration equal to the value of the share. |
||
|
[404][(b) of Debenture or Participation Term
Certificate or Term Finance Certificate or any other instrument of redeemable
capital (other than Commercial Paper), whether mortgaged or not, being a
transferable security, whether liable to duty or not except as provided for
by section 8; and |
One-tenth of one percent, that is to
say, 0.1% of the face value of the instrument.] |
||
|
(c) of any interest secured by a bond, mortgage-deed or policy of insurance– |
|
||
|
(i) if the duty on such bond, mortgage-deed or
policy does not exceed twenty rupees; |
The duty with which
such bond, mortgage-deed or policy of insurance is chargeable. |
||
|
(ii) in any other case |
[405][One hundred] rupees. |
||
|
(d) of any property under the
Administrator-General’s Act 1913, section 31; |
[406][One hundred] rupees. |
||
|
(e) of any trust-property
without consideration from one trustee to another trustee or from a trustee
to a beneficiary. |
[407][One hundred rupees] |
||
|
[408][(f) of a promissory
note, including a commercial paper, when payable otherwise than on demand.”. Exemptions Transfers by endorsement– (a) of a bill of exchange,
cheque or promissory note; (b) of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods; (c) of a policy of insurance; (d) of securities of the [409]Central
Government. See also section 8– |
Nil.] |
||
63. |
[410][TRANSFER OF LEASE
by way of assignment and not by way of under-lease: |
|
||
|
(i) in case of immovable property in an urban area;
and |
[411][Two] percent of the amount of
consideration for the transfer. |
||
|
(ii) in any other
case. |
Three
percent of the amount of
consideration for the transfer. |
||
|
Exemption: Transfer of any lease exempt from duty. |
Note: In case
of registration of the instrument, an additional stamp duty shall be charged
as under: (a) Rs. 500/-, if the amount
of consideration does not exceed Rs.500,000/-; and (b) Rs.1000/-, if the amount
of consideration exceeds Rs.500,000/-] |
||
63-A. |
[412][TRANSFER OF A RIGHT OR INTEREST RESLATING TO AN IMMOVABLE
PROPERTY, that is to say: |
|||
|
(i) An instrument of transfer of a right or
interest relating to an immovable property or an acknowledgement of such
transfer, by a development authority, housing authority or a statutory body. Explanation-I.- In
cases where allotment is to be made consequent upon payment of the
installments or transfer of a right or interest is made by original allottee
before the payment of the last installment, stamp duty shall be charged at
the time of transfer whichever is earlier. Explanation-II.- Transfer or allotment made through
auction by a development authority is not entitled to an exemption from the
payment of stamp duty. |
|
||
|
(ii) An instrument of transfer of right or
interest relating to an immovable property or an acknowledgment of such
transfer by a cooperative housing society. Explanation-I.- First time allotment is exempted from the payment of
stamp duty. However, transfer/ allotment made through open auction is not
entitled to the exemption from the payment of stamp duty. Explanation-II.- Transfer of a right or interest includes
transfer made through electronic form and open transfer letter.] |
|
||
64. |
TRUST– |
|
||
|
A. Declaration of–of, or concerning any property when made by any writing not being a WILL. |
The same
duty as on a Bond (No. 15) for a sum equal to the amount or value of the
property concerned as set forth in the instrument but not exceeding [415][two hundred rupees.] |
||
|
B. Revocation of, or concerning any property when made by any instrument other than a WILL. |
The same duty as on a
bond (No. 15) for a sum equal to the amount of value of the property
concerned as set forth in the instrument but not exceeding [416][two hundred rupees.] |
||
|
See also SETTLEMENT (No. 58). VALUATION See APPRAISEMENT (No. 8). |
|
||
65. |
WARRANT FOR GOODS, that is to say, any
instrument evidencing the title of any person therein named, or his assigns,
or the holder thereof, to the property in any goods lying in or upon any
dock, warehouse or wharf, such instrument being signed or certified by or on
behalf of the person in whose custody such goods may be. |
[417][Five] rupees.] |
||
SCHEDULE II.– [Enactments repealed]. Repealed by the Repealing and Amending Act, 1914 (X of 1914), section 3 and Schedule II.
[1]For statement of
objects and reasons, see Gazette of
India, 1897, Pt. V, P.175, for Report of the Select Committee, see ibid., 1898, Pt. V, P.231; and for
Proceedings in Council, see ibid., 1898,
Pt. VI, PP.10 and 278; and ibid., 1899,
Pt. VI. P.5.
[2]The word “Indian”
omitted by the Adaptation of Central Acts and Ordinances Order 1949 (G.G.O. 4
of 1949).
[3]Sub-section (2)
substituted by the Central Laws (Statute Reform) Ordinance 1960 (XXI of 1960).
[4]Substituted for the
word “Pakistan” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[5]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[6]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[7] Original clause
(8) defining “Chief Controlling Revenue Authority”, was omitted 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 the
omitted clause was substituted by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[8]Substituted by the
Punjab Laws (Amendment) Act 2011 (VI of 2011).
[9]Inserted by the
Punjab Laws (Amendment) Act 2011 (VI of 2011).
[10]Clause (11)
substituted by the Stamp (Amendment) Act 2015 (XXXII of 2015) for the
following:
“(11) “duly stamped”, as applied to an
instrument, means that the instrument bears an adhesive or impressed stamp of
not less than the proper amount and that such stamp has been affixed or used in
accordance with the law for the time being in force in Pakistan;”
[11]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[12]New clause (11A) was
inserted by the Stamp (Amendment) Act 2015 (XXXII of 2015) and was renumbered
as (11B) by the Stamp (Amendment) Act 2021 (XXIX of 2021)
[13]Clause (12-A)
defining “Collecting Government”, was 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; was subsequently amended
by the Central Laws (Adaptation) Order, 1961 (A.O. of 1961), Article 2 and
schedule; had been omitted by the Stamp (West Pakistan Amendment) Ordinance,
1959 (XLVI of 1959); and the omitted clause was substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[14]Clause (13)
substituted by the Stamp (Amendment) Act 2015 (XXXII of 2015) for the
following:
“(13) “impressed stamp” includes–
(a) labels affixed and impressed by the proper
officer, and
(b) stamps embossed or engraved on stamped
paper;”.
[15]Inserted by the
Stamp (Amendment) Act 2015 (XXXII of 2015).
[16]Clause (16-A)
inserted by the Indian Stamp (Amendment) Act 1904 (XV of 1904), section 2.
[17]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[18]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[19]The word “and” and
sub-clause (c) repealed by the Indian Stamp (Amendment) Act, 1906 (V of 1906),
section 2.
[20] Added by the Stamp
(Punjab Amendment) Act, 1973 (XXVI of 1973), and substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“(22-A) “Public
Office” includes a Government Office, a People’s Local Council, a Local
Authority, a Statutory Corporation or a similar body set up by the Central or
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;”
[21]The word “and”
repealed by the Repealing and Amending Act, 1928 (XVIII of 1928).
[22]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[23]Inserted by the
Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 2.
[24]The word “and”
inserted by the Repealing and Amending Act, 1928 (XVIII of 1928), section 2 and
schedule
[25]New clause (25),
inserted by the Repealing and Amending Act, 1928 (XVIII of 1928), section 2 and
schedule
[26]Added by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from the 14th October, 1955).
[27]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[28]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[29]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021) for the following:
“(d) an
area developed by a development authority, housing authority, statutory body,
cooperative housing society or a real estate company or developer.”
[30]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 “
[31]Inserted by the
Indian Finance Act, 1927 (V of 1927), section 5.
[32]The word “cheque”
repealed by the Indian Finance Act, 1927 (V of 1927).
[33]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 “
[34]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 “
[35]The word “cheque”
repealed, by the Indian Finance Act, 1927 (V of 1927).
[36]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 “
[37]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 “
[38]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 “
[39]Substituted by the
Stamp (
[40]Substituted by the
Stamp (
[41]Substituted by the
Stamp (
[42]Substituted for
the word “four” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[43]Substituted by the
Stamp (
[44]Substituted for
the word “four” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[45]Substituted by the
Indian Stamp (Amendment) Act, 1910 (VI of 1910), section 2, for “eight annas per centum”.
[46]Substituted by the
[47]Substituted for
the words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021);
the word “Provincial” had been inserted by the Stamp (West Pakistan Amendment)
Ordinance, 1959 (XLVI of 1959).
[48]The 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 Pakistan Amendment) Ordinance, 1959 (XLVI of 1959).
[49]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[50]Substituted by the
Government of
[51]Substituted by the
Government of
[52]Added by the
[53]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[54]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[55]Added by
corrigendum published at p. 3029, Gazette of Punjab (Extraordinary), dated
[56]The Banking
Tribunals Ordinance, 1984 (LVIII of 1984).
[57]Inserted by the
Stamp (Amendment) Act 2015 (XXXII of 2015).
[58] Substituted first 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”; substituted again by the Stamp (West
Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for “Collecting Government”;
and again for the words “Provincial Government” by the Stamp (Amendment) Act 2021
(XXIX of 2021).
[59]See the Stamp Rules 1925.
[60]Inserted by the
Stamp (Amendment) Act 2015 (XXXII of 2015).
[61]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “the duty of one anna or half an anna”.
[62]Substituted for the
expression “twenty-five paisa” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[63]The word “cheques” repealed by the Indian Finance Act, 1927 (V of
1927), section 5.
[64]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[65]Substituted first 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”; substituted again by the Stamp (West
Pakistan Amendment) Ordinance, 1959 (XLVI of 1959), for “Collecting Government”;
and again for the words “Provincial Government” by the Stamp (Amendment) Act 2021
(XXIX of 2021).
[66]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[67]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[68]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[69]The word “cheque”
repealed by the Indian Finance Act, 1927 (V of 1927), section 5.
[70]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[71] Substituted first 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”;
and then substituted for the words “Provincial Government” by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[72]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[73]Inserted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[75]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 “
[76] 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 “
[78]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 “
[79] 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 “
[80] 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 “
[81]Substituted by the
[82]Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “Gazette of
[83]For notification
prescribing such rates, see Finance
Department (Central Revenues) Notification No. C. 125-Stamps 25, dated
[84]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[85]Inserted by the
Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 3.
[86]Substituted by the
Indian Stamp (Amendment) Act, 1912 (I of 1912), section 3, for “Article No.
5(b)”.
[87]Substituted by the
Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 4, for the original
proviso.
[88]The original words
“the Secretary of State in Council” were first substituted by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 and, then, amended
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959).
[89]The original words
“the Secretary of State in Council” were first substituted by the Government of
India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 and, then, amended
by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959).
[90] Added by the
Punjab Finance Act, 1986 (IV of 1986) and substituted by the Punjab Finance Act
2010 (VI of 2010).
[91] Substituted first for the expression “23, 31 or 33” by the Punjab Finance Act 2012 (XLI of 2012); secondly for “23, 27-A, 31 or 33” by the Punjab Finance Act 2015 (XXIX of 2015); thirdly for “23, 27-A, 31, 33 or 63” by the Punjab Finance Act 2016 (XXXV of 2016); and fourthly for “23, 27-A, 31, 33, 48(b), 48(bb), 63 or 63-A” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[92]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“(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.”
[93] Substituted for
“Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011
(VI of 2011).
[94]Substituted for the
colon by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[95]The following proviso
omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“Provided that the duty on such
last-mentioned conveyance shall in no case be less than one rupee.”
[96]Substituted for the
word “five” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[97]Substituted for the
word “five” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[98]Substituted by the
Indian Stamp (Amendment) Act, 1904 (XV of 1904), section 5, for “No. 6
(Agreement to mortgage)”.
[99] Substituted by the
Indian Stamp (Amendment) Act, 1906 (V of 1906), section 4, for the original Cl.
(b).
[100] Inserted by the
[101] The word “and”
omitted by the Punjab Finance Act, 2016 (XXXV of 2016).
[102] Substituted for
the full stop by the Punjab Finance Act, 2016 (XXXV of 2016).
[103] New clauses (h) to
(k) inserted by the Punjab Finance Act, 2016 (XXXV of 2016).
[104] Inserted by the
Indian Stamp (Amendment) Act, 1906 (V of 1906).
[105]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“(1) When any instrument, whether executed
or not and whether previously stamped or not, is brought to the Collector, and
the person bringing it applies to have the opinion of that officer as to the
duty (if any) with which it is chargeable, and pays a fee of such amount (not
exceeding five rupees) and not less than [105][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.”
[106] For refund of this
duty in the case of certain instruments, see
the Stamp (Specified Instruments) Act, 1924 (XIII of 1924), section 3(4).
[107]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[108]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[109]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[110]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “the duty of an anna or half an anna”.
[111]Substituted for the
words “twenty-five paisa” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[112]New section
inserted by the Stamp (Amendment) Act 2015 (XXXII of 2015).
[113]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[114]The original words
“the Governor
General in Council” were 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).
[115]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[116]For the purposes of
this section the office of a returning officer appointed for the purposes of an
election to a legislative body constituted under the Government of India Act is
not a public officer, see Gazette of
India, 1920 (Pt. I, p. 2136).
[117]The original words
“the Local Government” were 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).
[118]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[119]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[120]Substituted for the
words “twenty-five paisa” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[121]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.
[122]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[123]Substituted for the
words “twenty-five paisa” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[124]Substituted for the
words “five rupees” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[125]Substituted for the
words “five rupees” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[126]Substituted for the
words “one rupee” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[127]The original words
“the Government” were first substituted with the words “the Crown” 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 the words “the Crown” were again substituted with the words “the
Government” by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of
1959).
[128]Substituted by the
Government of
[129]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[130]The words “upon
application made to him in this behalf or, if no application is made, with the
consent of the Chief Controlling Revenue Authority” repealed by the
Decentralization Act, 1914 (IV of 1914), section 2 and schedule Pt. I.
[131]Substituted for the
word “five” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[132]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.
[133]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“(1) When the Collector
impounds any instrument under section 33, or receives any instrument sent to
him under section 38, sub-section (2), not being an instrument chargeable with
a duty not exceeding twenty-five paisa] only or a bill of exchange or promissory
note, he shall adopt the following procedure:-
(a) if
he is of opinion that such instrument is duly stamped, or is not chargeable
with duty, he shall certify by endorsement thereon that it is duly stamped, or
that it is not so chargeable, as the case may be;
(b) if
he is of opinion that such instrument is chargeable with duty and is not duly
stamped, he shall require the payment of the proper duty or the amount required
to make up the same, together with a penalty of five rupees; or, if he thinks
fit, [133][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.”
[134]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.
[135]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “one anna or half an anna”.
[136]Substituted for the
words “twenty-five paisa” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[137]Subsequently
replaced by the Code of Civil Procedure, 1908 (V of 1908).
[138]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
[139]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
[140] Substituted first by
the Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), and then by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“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.”
[141] New section inserted
by the
Stamp (Amendment) Act 2021 (XXIX of 2021).
[142]The original words
“Governor General in Council” have successively been amended by the
Decentralization Act, 1914 (IV of 1914), section 2 and schedule, Pt I, the
Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937 and
the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of 1959); and then substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[143]Inserted by the
Indian Finance Act, 1927 (V of 1927), section 5.
[144]The word “cheques”
repealed by the Indian Finance Act, 1927 (V of 1927), section 5.
[145]Substituted by the
Indian Finance Act, 1927 (V of 1927), for
“any bill of exchange”.
[146]The words “or
cheque” repealed by the Indian Finance Act, 1927 (V of 1927).
[147]The words “or
cheque” repealed by the Indian Finance Act, 1927 (V of 1927).
[148]Substituted by the
Indian Finance Act, 1927 (V of 1927), for “any bill of exchange”.
[149]The words “or
cheque” repealed by the Indian Finance Act, 1927 (V of 1927).
[150]Repealed by the
Indian Finance Act, 1927 (V of 1927).
[151]The word “cheque”
repealed by the Indian Finance Act, 1927 (V of 1927).
[152]The word “cheque”
repealed by the Indian Finance Act, 1927 (V of 1927).
[153]Substituted by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
schedule (with effect from
[154]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 “
[155]Substituted, by the
Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling
Revenue Authority”.
[156]Inserted by the
Decentralization Act, 1914 (IV of 1914), section 2 and schedule, Part I.
[157]Substituted, by the
Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling
Revenue Authority”.
[158]Inserted by the
Indian Stamp (Amendment) Act, 1906 (V of 1906), section 6.
[159]Inserted by the
Indian Stamp (Amendment) Act, 1906 (V of 1906), section 6.
[160]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “one anna for each rupee or fraction of a rupee”.
[161]Substituted by the
Stamp (West Pakistan Amendment) Act, 1964 (II of 1964), for “one anna for each rupee or fraction of a rupee”.
[162]Substituted first 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”; and then for the words “Provincial Government” by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[163]Inserted by the
Indian Stamp (Amendment) Act 1904 (XVI of 1904), section 7.
[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
[165]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
[166]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
[167]Deleted by the
[168]Substituted by the
[169]Substituted by the
[170]The words “or Chief
Court”, as amended by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration) Act,
1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[171]The words “or Chief
Court”, as amended by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration) Act,
1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[172]The words “or Chief
Court”, as amended by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration) Act,
1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[173]The words “or Chief
Court”, as amended by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949) and by the Federal Laws (Revision and Declaration) Act,
1951 (XXVI of 1951), have been omitted by the West Pakistan Supplementary
Appropriation Ordinance, 1960 (XXI of 1960), section 3 and 2nd schedule (with
effect from the 14th October, 1955).
[174]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
[175]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
[176]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.
[177]Inserted by the
Indian Finance Act, 1927 (V of 1927), section 5.
[178]The word “cheque”,
repealed by the Indian Finance Act, 1927 (V of 1927).
[179]Substituted for the
words “may extend to one thousand rupees” by the Stamp (Amendment) Act 2021 (XXIX
of 2021).
[180]Substituted by the
[181]Substituted first by
the Punjab Finance Act, 1996 (V of 1996), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the words “two hundred”.
[182] Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“64. Penalty for omission to comply with provisions
of section 27.– Any person who, with intent to defraud the Government,–
(a) executes any instrument in which all the
facts and circumstances required by section 27 to be set forth in such
instrument are not fully and truly set forth; or,
(b) being employed or concerned in or about the
preparation of any instrument, neglects or omits fully and truly to set forth
therein all such facts and circumstances; or
(c) does any other act calculated to deprive the
Government of any duty or penalty under this Act;
shall be punishable
with fine which may extend to [182][ten
thousand] rupees.]”
[183]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[184] Substituted first by
the Punjab Finance Act, 1996 (V of 1996), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the words “two hundred”.
[185]Substituted first by
the Punjab Finance Act, 1996 (V of 1996), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the words “four hundred”.
[186]Inserted by the
Indian Finance Act, 1927 (V of 1927), section 5.
[187] Substituted first by
the Punjab Finance Act, 1996 (V of 1996), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the words “two thousand”.
[188]Substituted for the
words “may extend to two thousand rupees” by the Stamp (Amendment) Act 2021 (XXIX
of 2021).
[189]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“(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;”
[190]Substituted by the
[191]Substituted first 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”; then by the Stamp (West Pakistan Amendment)
Ordinance, 1959 (XLVI of 1959), for “Collecting Government”; and again for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[192]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
[193]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“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.”
[194]The words “or
[195]The words “or
[196]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[197]Renumbered by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[198]Substituted first
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); and then for the words “Provincial Government” by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[199]The 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.
[200]Substituted for the
colon by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[201] The following proviso
omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“Provided that such rules shall not restrict
the sale of five paisa, fifteen paisa or twenty-five paisa revenue adhesive
stamps.”
[202]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021), for the following:
“75. Power
to make rules generally to carry out Act.– The Government may make 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.”
[203]Substituted by the
Government of
[204]Section 76-A,
inserted by the Decentralisation Act, 1914 (IV of
1914), section 2 and schedule.
[205]Substituted by the
Government of
[206]The words “Central
Government, subject to the provisions of section 124(1) of the Government of
India Act, 1935 and”, deleted by the Stamp (West Pakistan Amendment) Ordinance,
1959 (XLVI of 1959).
[207]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[208]Substituted by the
Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling
Revenue Authority”.
[209]Substituted by the
Central Laws (Adaptation) Order, 1961 (A.O. 1 of 1961), for “Chief Controlling
Revenue Authority”.
[210]Substituted for the
words “Every Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of
2021); previously, these words were substituted for “Every Collecting
Government” by the Stamp (West Pakistan Amendment) Ordinance, 1959 (XLVI of
1959).
[211]Substituted by the Stamp (West Pakistan
Amendment) Act, 1964 (II of 1964), for “four annas”.
[212]Substituted by the
[213]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
t
[214] The following
clauses omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) where
the mount does not exceed Rs.1,000;
(b) in
any other case”
[215] The following
expression omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“The same duty as on a Bond (No. 15) for
such amount.”
[216]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[217]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[218]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[219]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[220] Substituted first for
“Twenty rupees”, by the Punjab Finance Act 2014 (XVII of 2014), then for “Fifty
rupees” by the Stamp (Amendment) Act 2021 (XXIX of 2021); and
again for “One hundred rupees” by the Punjab
Finance Act 2024 (VIII of 2024), effective from 1st July 2024
[221]Substituted by the
[222]Substituted by the
[223]Substituted by the
[224]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[225]Substituted by the
[226]Added by the
[227]Substituted first for
“One hundred rupees” by the Punjab Finance Act 2014 (XVII of 2014); and then
for “Twelve hundred rupees” by the Punjab
Finance Act 2024 (VIII of 2024), effective from 1st July 2024.
[228]Added by the
[229]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[230] Substituted first by
the Punjab Finance Act, 1998 (VII of 1998), then for “Fifty rupees” by the Stamp
(Amendment) Act 2021 (XXIX of 2021); and again for “One hundred rupees” by the Punjab Finance Act 2024 (VIII of 2024),
effective from 1st July 2024.
[231]Now ‘Federal
Government’, see the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[232]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[233]Substituted by the
[234]Substituted for the
words “one hundred thousand” by the Punjab Finance Act 2019 (XV of 2019).
[235]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[236]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[237]Substituted for the
words “fifty thousand” by the Punjab Finance Act 2019 (XV of 2019).
[238]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[239]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[240]Inserted by the
Punjab Finance Act, 2017 (XII of 2017).
[241] Substituted first by
the Punjab Finance Act 1995 (VI of 1995), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Fifty”.
[242]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[243] The following
entries omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) where the amount does not exceed Rs.1,000;
(b) in any other case”.
[244] The expression “Three
rupees for every One hundred rupees or part thereof” omitted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[245]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[246]Substituted by the
[247]Article 10 deleted
by the Punjab Finance Act, 2004 (XIX of 2004).
[248]Substituted by the
[249]Added by the
[250]Added by the
[251]Substituted for the
words “Three rupees for every one hundred rupees or part thereof for” by the
Punjab Finance Act, 2004 (XIX of 2004).
[252]Substituted for the
words “Two percent” by the Punjab Finance Act, 2014 (XVII of 2014).
[253]Deleted by the
[254]Article 12-A added
by the Punjab Finance Act, 1997 (IX of 1997) and deleted by the Punjab Finance
Ordinance, 2000 (III of 2000).
[255]Article 12-B added
by the Punjab Finance Act, 1997 (IX of 1997) and deleted by the Punjab Finance
Ordinance, 2000 (III of 2000).
[256]Substituted by the
[257]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[258]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[259]Substituted by the
[260]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[261]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[262]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[263]Substituted first by
the Punjab Finance Act, 1995 (VI of 1995), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Ten”.
[264]Substituted by the
[265]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[266]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[267]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[268]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[269]Substituted first for
“Fifty rupees”, by the Punjab Finance Act, 2014 (XVII of 2014); and then for “One hundred rupees” by the Punjab Finance Act
2024 (VIII of 2024), effective from 1st July 2024.
[270]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[271]Substituted first for
the word “Five” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020, and then for the word “One” by the Punjab Finance Act 2022 (IX of 2022),
effective from 1st July 2022.
[272]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[273] Substituted first by
the Punjab Finance Act, 1995 (VI of 1995), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Ten”.
[274]In the original
schedule, this Article was omitted by the Indian Finance Act, 1927 (V of 1927).
The Punjab Finance Ordinance, 1969 (VII of 1969), which substituted Schedule I,
has left it as such.
[275]Substituted by the
[276]Added by the Punjab
Finance Act 1995 (VI of 1995), amended by the Punjab Finance Act 2014 (XVII of
2014); and substituted by the Punjab Finance Act 2018 (XXX of 2018); effective
from 1st November 2018.
[277]Substituted for the
expression “Federal” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[278]Substituted for the
words “Provincial Government” by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[279]Substituted
for the words “Twelve hundred” by the Punjab Finance Act 2024 (VIII of 2024),
effective from 1st July 2024.
[280]Substituted
for the word “Two” by the Punjab Finance Act 2024 (VIII of 2024), effective
from 1st July 2024.
[281]Substituted
for the word “Three” by the Punjab Finance Act 2024 (VIII of 2024), effective
from 1st July 2024.
[282]Substituted
for the word “Five” by the Punjab Finance Act 2024 (VIII of 2024), effective
from 1st July 2024.
[283]Substituted
for the word “Ten” by the Punjab Finance Act 2024 (VIII of 2024), effective
from 1st July 2024.
[284]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[285] Substituted first for
the word “Five” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020, and then for the word “One” by the Punjab Finance Act 2022 (IX of 2022),
effective from 1st July 2022.
[286]Substituted for the
word “Note” by the Punjab Finance Act 2022 (IX of 2022), effective from
1st July 2022.
[287]Inserted by the
Punjab Finance Act 2022 (IX of 2022), effective from 1st July 2022.
[288] The following entry
omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021); effective from 1st
of July 2012:
“(c) in
case of a registered motor vehicle”.
[289] The words “One
hundred rupees” omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021);
effective from 1st of July 2012.
[290]Substituted by the
Punjab Finance Act, 1995 (VI of 1995).
[291]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[292] The following
entries omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) if the duty with which the original
instrument is chargeable does not exceed fifty rupees;
(b) in any other
case]”
[293] The words “Fifty
rupees” omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[294] The following
entries omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) where
the amount does not exceed Rs.1,000;
(b) in any other
case]”
[295] The expression “The
same duty as on a Bond (No. 15) for such amount” omitted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[296]Substituted by the
[297]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[298]Substituted by the
[299]The words “per annum” omitted by the Punjab
Finance Act 2007 (IV of 2007).
[300]Inserted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[301]Inserted by the
[302]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[303]Substituted first for
the word “Five” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020, and then for the word “One” by the Punjab Finance Act 2022 (IX of 2022),
effective from 1st July 2022.
[304]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[305]Substituted first for
“Thirty rupees”, by the Punjab Finance Act 2014 (XVII of 2014); and then for “one hundred rupees” by the Punjab Finance Act
2024 (VIII of 2024), effective from 1st July 2024.
[306]Omitted by the
[307]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[308]Substituted for the
word “One” by the Punjab Finance Act 2022 (IX of 2022), effective from 1st
July 2022.
[309]Substituted for the
word “One” by the Punjab Finance Act 2022 (IX of 2022), effective from 1st
July 2022.
[310]Substituted for the
words “The same duty as on a Conveyance (No.23) for a” by the Punjab Finance
Act 2004 (XIX of 2004).
[311]Substituted for the
words “The same duty as on a Conveyance (No.23) for a” by the Punjab Finance
Act 2004 (XIX of 2004).
[312]Substituted for
the words “The same duty as on a Bond (No.15) for” by the Punjab Finance Act
2004 (XIX of 2004).
[313]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[314]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[315] Substituted first for
the word “Five” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020, and then for the word “One” by the Punjab Finance Act 2022 (IX of 2022),
effective from 1st July 2022.
[316]Substituted first for
the word “three” by the Punjab Finance Act 2020 (VIII of 2020), effective from
1st July 2020, and then substituted for the word “One” by the Punjab
Finance Act 2022 (IX of 2022), effective from 1st July 2022.
[317]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[318]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[319]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[320]Deleted by the
Punjab Finance Ordinance 2000 (III of 2000).
[321] Substituted first by
the Punjab Finance Act 1995 (VI of 1995), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Fifty”.
[322]Deleted by the
Punjab Finance Act 2004 (XIX of 2004).
[323]Substituted for the
words “The same duty as on a Conveyance (No.23) for a” by the Punjab Finance
Act, 2004 (XIX of 2004).
[324]Substituted for the
words “Two percent”, by the Punjab Finance Act 2014 (XVII of 2014).
[325]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[326]Substituted for the
words “The same duty as on a Bond (No.15) for” by the Punjab Finance Act, 2004
(XIX of 2004).
[327]Substituted for the
words “Two percent”, by the Punjab Finance Act 2014 (XVII of 2014).
[328]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[329]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[330]Inserted by the
[331]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[332]Substituted for the
words “one hundred thousand” by the Punjab Finance Act 2019 (XV of 2019).
[333]Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for “
[334]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[335]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[336]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[337]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[338]Substituted by the
Punjab Finance Act 1990 (I of 1990).
[339]Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[340] Substituted first by
the Punjab Finance Act 1990 (I of 1990), and then by the Stamp (Amendment) Act 2021
(XXIX of 2021) for the word “Five”.
[341]Substituted for the
words “Three rupees for every one hundred rupees or part thereof for” by the
Punjab Finance Act 2004 (XIX of 2004).
[342]Substituted for the
words “Two percent” by the Punjab Finance Act 2020 (VIII of 2020), effective
from 1st July 2020.
[343]Substituted for the
words “four rupees” by the Punjab Finance Act 2004 (XIX of 2004).
[344]Substituted for the
words “four rupees” by the Punjab Finance Act 2004 (XIX of 2004).
[345]Substituted by the
Punjab Finance Act 1975 (XL of 1975).
[346]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[347]Inserted by the
[348]Substituted by the
Punjab Finance Act 1990 (I of 1990).
[349]Substituted for the
words “One hundred rupees”, by the Punjab Finance Act 2014 (XVII of 2014).
[350]Substituted for the
words “Five hundred rupees”, by the Punjab Finance Act 2014 (XVII of 2014).
[351]Substituted by the
Punjab Finance Act 1990 (I of 1990).
[352]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[353]Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[354] Substituted by the
Punjab Finance Act 1995 (VI of 1995).
[355] Substituted first by
the Punjab Finance Act 1998 (VII of 1998); then substituted for “Five hundred rupees” by the Punjab Finance Act 2024 (VIII
of 2024), effective from 1st July 2024.
[356]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[357] Substituted for the words “Three percent of
the amount of the consideration” by the Punjab Finance Act 2016 (XXXV of 2016).
[358]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[359] Added by the
Punjab Finance Act 1998 (VII of 1998).
[360] Substituted first
for the words “One thousand rupees”, by the Punjab Finance Act 2014 (XVII of
2014) and then for the words “Twelve hundred rupees” by the Punjab Finance Act
2016 (XXXV of 2016).
[361]Substituted for the words “Twelve hundred” by the
Punjab Finance Act 2024 (VIII of 2024), effective from 1st July 2024.
[362]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[363]Substituted for the
word “Ten” by the Stamp (Amendment) Act 2021 (XXIX of 2021)
[364] Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[365] Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[366] Substituted first by
the Punjab Finance Act, 1995 (VI of 1995), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Ten”.
[367] Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[368] Substituted by the
Punjab Finance Act 2018 (XXX of 2018); effective from 1st November
2018.
[369]The following
entries omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) if the consideration for which the property was
mortgaged does not exceed Rs. 1,000;
(b) in any other
case;”.
[370]The words “Thirty
rupees” omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[371]Substituted first
for “Fifty rupees” by the Punjab Finance Act 1995 (VI of 1995); and then for “One hundred rupees” by the Punjab Finance Act 2024
(VIII of 2024), effective from 1st July 2024.
[372]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[373]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021.
[374]Substituted for the
figure “1” by the Punjab Finance Act 2022 (IX of 2022), effective from 1st
July 2022.
[375]Substituted for the
figure “1” by the Punjab Finance Act 2022 (IX of 2022), effective from 1st
July 2022.
[376]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[377]Substituted by the
[378]Substituted by the
[379]Substituted by the
[380]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[381]Inserted by the
[382]Substituted for the
words “Two percent”, by the Punjab Finance Act 2014 (XVII of 2014).
[383]Substituted for the
word “Three” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020.
[384]Clause (i)
re-lettered by the Punjab Finance Act, 1975 (XL of 1975).
[385]Substituted for the
words “The same duty as on a Bond (No.15) for a” by the Punjab Finance Act,
2004 (XIX of 2004).
[386]Substituted for the
words “Two percent”, by the Punjab Finance Act 2014 (XVII of 2014).
[387]Substituted for the
word “Three” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020.
[388]Clause (ii)
re-lettered the Punjab Finance Act, 1975 (XL of 1975).
[389]Substituted for the
words “The same duty as is leviable on a Conveyance (No.23) for a” by the
Punjab Finance Act, 2004 (XIX of 2004).
[390]Substituted for the
words “Two percent”, by the Punjab Finance Act 2014 (XVII of 2014).
[391]Substituted for the
word “Three” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020.
[392]Substituted for the
words “four rupees” by the Punjab Finance Act 2004 (XIX of 2004).
[393]Substituted for the
words “The same duty as is leviable on a Conveyance (No.23) for a” by the
Punjab Finance Act, 2004 (XIX of 2004).
[394]Substituted for the
word “Two” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020.
[395]Substituted for the
words “fifty rupees” by the Punjab Finance Act, 2004 (XIX of 2004).
[396]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[397]Now the Companies Act
2017 (XIX of 2017).
[398]Now the Companies Act
2017 (XIX of 2017).
[399]Substituted by the
[400]The following
entries omitted by the Stamp (Amendment) Act 2021 (XXIX of 2021):
“(a) when the duty with which the lease is
chargeable does not exceed thirty rupees;
(b) in any other
case;”.
[401] The words “The
duty with which lease is chargeable” omitted by the Stamp (Amendment) Act 2021
(XXIX of 2021).
[402]Substituted first
for “Fifty rupees” by the Punjab Finance Act 1995 (VI of 1995); and then for “One hundred rupees” by the Punjab Finance Act 2024
(VIII of 2024), effective from 1st July 2024.
[403]Inserted by the
Punjab Finance Act 2017 (XII of 2017).
[404]Substituted by the
[405] Substituted first by
the Punjab Finance Act, 1990 (I of 1990), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Fifty”.
[406] Substituted first by
the Punjab Finance Act, 1990 (I of 1990), and then by the Stamp (Amendment) Act
2021 (XXIX of 2021) for the word “Fifty”.
[407]Substituted for the
words “Twenty rupees or such
smaller amount as may be chargeable under clauses (a) to (c) of this Article”
by the Stamp (Amendment) Act 2021 (XXIX of 2021).
[408]Inserted by the
[409]Now ‘Federal
Government’, see the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[410]Substituted by the
Punjab Finance Act 2017 (XII of 2017).
[411] Substituted first for
the word “Five” by the Punjab Finance Act 2020 (VIII of 2020), effective from 1st
July 2020, and then for the word “One” by the Punjab Finance Act 2022 (IX of 2022),
effective from 1st July 2022.
[412]Substituted by the Stamp
(Amendment) Act 2021 (XXIX of 2021).
[413]Substituted by the
Punjab Finance Act 2020 (VIII of 2020), effective from 1st July 2020.
[414]Substituted for the
word “One” by the Punjab Finance Act 2022 (IX of 2022), effective from 1st
July 2022.
[415]Substituted for the
words “one hundred rupees”, by the Punjab Finance Act 2014 (XVII of 2014).
[416]Substituted for the
words “one hundred rupees”, by the Punjab Finance Act 2014 (XVII of 2014).
[417]Substituted by the
Punjab Finance Act 1990 (I of 1990).