Federal · Act · 1899

Stamp Act, 1899

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THE STAMP ACT, 1899

SCHEDULE I SCHEDULE II (Repealed)

THE STAMP ACT, 1899

1ACT NO. II OF 1899

[27th 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

Section 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 Pakistan.]

(3) It shall come into force on the first day of July 1899.

Section 2. Definitions

In this Act, unless there is something repugnant in the subject or context, -

(1) “Banker” “banker” includes a bank and any person acting as a banker:

The Act has been amended in its application to:—

(1) Bombay, by the Bombay Finance Act, 1932 (Bom. 2 of 1932), as amended by Bombay Acts 1 of 1935 and 3 of 1936 ;

(2) the Punjab and the N.W.F.P., by the Indian Stamp (Punjab Amendment) Act, 1922 (Punjab 8 of 1922), the Indian Stamp (Punjab Amendment) Act, 1924 (Punjab 1 of 1924) and the Indian Stamp (N.W.F.P. Amendment) Act, 1948 (N.W.F.P. Act 15 of 1948) : see also the Punjab Stamp (Amendment) Act, 1935 (Punjab 1 of 1935), the Punjab Act 14 of 1948, s. 2 and Act 11 of 1949, s. 2. applying only to the Punjab;

(3) Sind, by the Indian Stamp (Sind Amendment) Act, 1938 (Sind 12 of 1938);

(4) Capital of the Federation, by the Finance Act, 1952 (4 of 1952) ; and

(5) the Province of West Pakistan (except the Capital of the Federation) by West Pakistan Act No. 16 of 1957,s. 3 (3)and3rd Sch.(w.e.f. 14-10-55).

It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. It has also been extended to the Baluchistan States Union, see G.G.O. 18 of 1953.

This Act has been amended in its application to the Province of West Pakistan by W. Pak. Ord. 46 of 1959 (with effect from the 15th August, 1959).

It has also been amended in its application to the Province of Punjab by Punjab Act XXVI of 1973, s. 2. The Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P., Regulation No II of 1974, has been applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.W.F.P. Regulation No. II of 1974, s. 3. It has also been amended in its application to the Province of Sind by Sind Act XV of 1975, s. 3.

This Act has been amended to the extent of Islamabad Capital Territory see, Ordinance No. XXVII of 1981, s. 5 and 4th Sch.

This Act has also been amended in its application to the Province of N.W.F.P. by (1) N.W.F.P. Act VII of 1977. (2) N.W.F.P. Ord. VII of 1976 (3) N.W.F.P. Ord. III of 1977. (4) N.W.F.P. Ord. XII of 1977. (5) N.W.F.P. Ord. XVII of 1981.

This Act has further been amended in its application to the Province of Baluchistan by Baluchistan Ord. XIV of 1983.

This Act has also been amended in its application to the Province of Punjab by Punjab Ord. 1 of 1984 and Ordinance XXXVII of 1984.

This Act has also been amended in its application to the Province of Sind by Ordinance No. XVI of 1981 and Sind XXX of 1984.

It has further been amended in its application to the Province of West Pakistan by W. Pak. Act No. II of 1964, s. 2 (w.e.f. to be notified later on). 2 The word “Indian” omitted by A.O., 1949, Sch.

3 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for sub-section (2) as amended by the Repealing and Amending Act, 1914 (Act No. X of 1914), s. 3 and II Sch., A.O., 1949, Sch. and the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951), s. 8.

(2) “Bill of exchange”. “bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881 (XXVI of 1881), and includes also 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”. “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”. “bill of lading” includes a “through bill of lading,” but does not include a mate’s receipt:

(5) Bond. “ 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.” “chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, is applied to any other instrument, chargeable under the law in force in 1[Pakistan] when such instrument was executed or, where several persons executed the instrument at different times, first executed:

(7) “Cheque”. “cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand:

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(9) “Collector”. “Collector”—

3[(a) means the Collector of a district; and]

(b) includes a Deputy Commissioner and any officer whom 4[the Provincial Government] may, by notification in the official Gazette, appoint in this behalf:

2 Cl. (8) defining “Chief Controlling Revenue-authority”., rep. by A.O., 1937 : see now definition in s. 3 (9a) of the General Clauses Act, 1897 (Act No. X of 1897).

3 Subs. by A.O., 1949, Sch., for the original sub-clause (a).

4 The Original words “the L.G.” were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch. (with effect from the 27th May, 1964), to read as above.

1[(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,]

1[(11A) “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”. “executed” and “execution”, used with reference to instruments, mean “signed” and ”signature” :

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1[(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

(15) “Instrument of partition”. “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”. “lease” means a lease of immoveable 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, immoveable property;

(d) any writing on an application for a lease intended to signify that the application is granted;

3[(16A) “Marketable security”. “marketable security” means a security of such a description as to be capable of being sold in any stock market in 4[Pakistan] 5[* * * *:]

1Subs. & Ins. by Finance Act, 2021 (Act No. VIII of 2021), s.2.

2 Cl. (12A) defining “Collecting Government” ins. by A.O., 1937, and subsequently amended by A.O., 1961, Art. 2 and Sch., has been omitted by A.O., 1964, Art, 2 and Sch. 3 CI. (16A) ins. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 2.

4 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.

5 The words “or in the United Kingdom” have been omitted (only to the extent of Islamabad Capital Territory) by the Federal Laws (Revision and Declaration, Ordinance, 1981 (Ordinance No. XVII of 1981) s. 5 and Sch. IV.

(18) “Paper”. “paper” includes vellum, parchment or any other material on which an instrument may be written:

(19) “Policy of insurance”. “ 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: 1[*]

1[*

(20) “Policy of sea-insurance” or “see-policy”.___ “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 a 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”. “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 :

(23) “Receipt”. “receipt” includes any not, 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 moveable property is acknowledged to have been received in satisfaction of a debt, or

1 The word “and” and sub-clause (c) rep. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 2.

(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: 1[*]

(24) “Settlement”. “settlement” means any non-testamentary disposition, in writing, of moveable or immoveable 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

and includes an agreement in writing to make such a disposition 2[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] : 3[and

(25) “Soldier”. “soldier” includes any person below the rank of non-commissioned officer who is enrolled under the Indian Army Act 1911(VIII of 1911) 4[or the Pakistan Army Act, 1952 (XXXIX of 1952)].] . ______

CHAPTER II

STAMP-DUTIES A.-Of the Liability of Instruments to Duty

Section 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 therefore respectively, that is to say–

(a) every instrument mentioned in that schedule which, not having been previously executed by any person, is executed in 5[Pakistan] on or after the first day of July, 1899 ;

(b) every bill of exchange 6[payable otherwise than on demand] 7* or promissory note drawn or made out of 5[Pakistan] on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in 5[Pakistan] ; and

1 The word “and” rep. by the Repealing and Amending Act, 1928 (Act No. XVIII of 1928).

2 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 2.

3 The word “and” and cI. (25), ins. by Act,1928 (Act No. XVIII of 1928, s. 2 and Sch. I.

4 Added by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

5 Subs. by the Central Laws (Statute Reform) Ordinance, 1960, (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”.

6 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

7 The word “cheque” rep., ibid.

(c) every instrument (other than a bill of exchange 1[*] or promissory note) mentioned in that schedule, which, not having been previously executed by any person, is executed out of 2[Pakistan] on or after that day, relates to any property situate, or to any matter or thing done or to be done, in 2[Pakistan] and is received in 2[Pakistan] :

Provided that no duty shall be chargeable in respect of—

(2) Any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act, 1894, or under Act XIX of 18384, or the Registration of Ships Act, 1841 (57 & 58Vict.c. 60 X of 1841), as amended by subsequent Acts.

Section 4. Several instruments used in single transaction of sale, mortgage or settlement

(1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one rupee 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.

Section 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.

Section 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:

Section 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 (57 & 58Vict.c. 60) shall be valid unless the same is expressed in a sea- policy.

1 Repealed by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, The word “cheque”.

2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960, (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”.

3 Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown”.

4 The Bombay Coasting Vessels Act. 1838.

(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.

Section 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 1[Local Authorities Loans Act, 1914 (IX of 1914)] 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 2[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:

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(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 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.

Section 9. Power to reduce, remit or compound duties

4[The Provincial Government] may, by rule or order published in the 5[official Gazette],–

(a) Power to reduce, remit or compound duties. reduce or remit, whether prospectively or retrospectively, in the whole or any part of 6[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.

2 Subs. by the Indian Stamp (Amendment) Act, 1910 (Act No. VI of 1910), s. 2, for “eight annas per centum”.

3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981) s. 5 and Sch. IV (Only to the extent of Islamabad Capital Territory).

4 The original words “The G. G. in C.” were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as above.

5 Subs. by A. O., 1937, for “Gazette of India”.

6 Subs. ibid., for “British India”.

B.-Of Stamps and the mode of using them

Section 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 1[or e-stamps]—

(a) according to the provisions herein contained ; or

(b) when no such provision is applicable thereto-as the 2[Provincial Government] may by rule direct.

(2) The rules3 made under sub-section (1) may, among other matters, regulate,—

(a) in the case of each kind of instrument-the description of stamps 1[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.

Section 11. Use of adhesive stamps

The following instruments may be stamped with adhesive stamps, namely:—

(a) instruments chargeable with the duty of one anna 4[or half an anna], except

parts of bills of exchange payable otherwise than on demand and drawn in sets

;

(b) bills of exchange,5 * and promissory notes drawn or made out of 6[Pakistan];

7(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.

Section 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 he 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.

1Ins. by the Finance Act,2021 (Act No. VIII of 2021), s.2.

2Subs. by A. O., 1964, Art. 2 and Sch., for “Collecting Government” which had been subs. by A. O., 1937, for “G. G. in C." 3See the Indian Stamp Rules, 1925.

4Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.

5The word “cheques” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

6Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”.

7As to the enrolment of legal practitioners in the N.W.F.P., see the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 9.

(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.

Section 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.

Section 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. .

Section 15. Instrument written contrary to section 13 or 14 deemed un-stamped

Every instrument written in contravention of section 13 or section 14 shall be deemed to be un-stamped.

Section 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 l[Provincial Government] may by rule prescribe. C.-Of the time of stamping Instruments

Section 17. Instruments executed in Pakistan

All instruments chargeable with duty and executed by any person in 2[Pakistan] shall be stamped before or at the time of execution.

Section 18. Instruments other than bills and notes executed out of Pakistan

(1) Every instrument chargeable with duty executed only out of 2[Pakistan], and not being a bill of exchange, 3* or promissory note, may be stamped within three months after it has been first received in 2[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 l[provincial Government] may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.

Section 19. Bills and notes drawn out of Pakistan

The first holder in 2[Pakistan] of any bill of exchange, 4[payable otherwise than on demand] 3* or promissory note drawn or made out of 2[Pakistan] shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in 2[Pakistan], affix thereto the proper stamp and cancel the same:

1 Subs. by A.O., 1964, Art. 2 and Sch., for “Collecting Government” which had been subs. by A.O., 1937, for “G. G. in C.”.

2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.

3 The word “cheque” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s.5. 4 Ins., ibid.

Provided that,—

(a) if, at the time any such bill of exchange, 1[*] or not comes into the hands of any holder thereof in 2[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 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

Section 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 2[Pakistan], such duty shall be calculated on the value of such money in the currency of 2[Pakistan] according to the current rate of exchange on the day of the date of the instrument.

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Section 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 caluc1ated 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.

Section 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.

Section 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.

[4] Section 23A. 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

1 The word “cheque” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s.5.

3 Sub. Section 2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981) s. 5 and Sch. IV (Only to the extent of Islamabad Capital Territory).

4 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 3.

(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 l[Article No.5 (c)] of Schedule I.

(2) A release or discharge of any such instrument shall only be chargeable with the like duty.]

Section 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 incumbrance 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 incumbrance, 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 an 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.

Section 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;

1 Subs. by the Indian Stamp (Amdt.) Act, 1912 (Act No. I of 1912), s. 3, for “Article No.5 (b)”.

(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.

Section 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:

1[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 2[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 3[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.

Section 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.

[4] Section 27A. Valuation of immovable property

(1) Where any instrument chargeable with ad valorem duty under Articles 23,31 or 33 of Schedule-I relates to an immovable property, the value of the immovable property shall be calculated according to the valuation table notified by the district collector in respect of immovable property situated in the locality.

(2) Where an instrument, mentioned in sub-section (1), relates to immovable property consisting of land and structure, it shall state the value of the land and structure separately and the value of the structure stated in the instrument shall, subject to the provisions of this Act, be accepted.

1 Subs. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 4, for the original proviso.

2 The original words “the Secretary of State in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. 3 The original words “the said Secretary of State in Council” were first subs. by A.O., 1937 and then amended by A.O.,1961, Art. 2 (with effect from 23rd March, 1956), to read as above.

4Ins. by Finance Act, 2019 (Act No. V of 2019), s.2, (as is in force in the Islamabad Capital Territory).

(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 deputy commissioner or commissioner

(revenue) or any other person notified by the Government for this purpose 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.]

Section 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.

(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 considerations paid by the sub-purchasers:

Provided that the duty on such last-mentioned conveyance shall in no case be less than one

rupee.

(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees. E.-Duty by whom payable

Section 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),

l[No. 6. (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]

No. 13. (Bill of Exchange),

No. 15. (Bond),

No. 16. (Bottomry Bond),

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 or 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: 2[(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 fire-insurance__ by the person issuing the policy;]

property) by the, grantee: in the case of a lease or agreement to lease-by the

lessee or intended lessee:

(d) in the case of a counterpart of a lease-by the lessor:

(e) in the case of an instrument of exchange __by the parties in equal shares:

(f) in the case of a certificate of sale __by the purchaser of the property to which

such certificate relates: and,

1 Subs. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 5, for “No.6. (Agreement to mortgage)”.

2 Subs. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the original cl. (b).

(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.

Section 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 moveable 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.

1[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

Section 31. Adjudication as to proper stamp

(1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five rupees and not less than eight annas) as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgement, 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.

Section 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

1 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the original cl. (b).

(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,1

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 2[Pakistan] and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be ;

(b) any instrument executed or first executed out of 2[Pakistan] and brought to him after the expiration of three months after it has been first received in 2[Pakistan] ; or

(c) any instrument chargeable with the duty of one anna 3[or half an anna] or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped.

[4] Section 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

Section 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 2[Pakistan] when such instrument was executed or first executed:

1 For refund of this duty in the case of certain instruments, see the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), s. 3(4).

3 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.

4Ins. by the Finance Act,2021(Act No. VIII of 2021), s. 2.

Provided that—

(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) 1[the Provincial Government] may determine2 what offices shall be deemed to be public offices; and

(b) 3[the Provincial Government] may determine who shall be deemed to be persons in charge of public offices.

Section 34. Special provision as to unstamped receipts

Where any receipt chargeable with a duty of one anna 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.

Section 35. Instruments not duly stamped in admissible is 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—

(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 ad- missible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it ;

1 The original words “the G. G. in C”. were first subs. by A.O., 1937 and then amended by A.O., 1964, Art. 2 and Sch., to read as above. 2 For the purposes of this section, the office of a returning officer appointed for the purposes of an election to legislative body constituted under the Government of India Act is not a public office, see Gazette of India, 1920, Pt. I, p. 2136. 3 The original words “the L. G.” were first subs. by A.O., 1937 and then amended by A.O., 1964, Art. 2 and Sch., to read as above. 4 For modifications of this provision in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see s, 3 of that Act.

5 Ins. by the Indian Stamp (Amdt.) Act. 1906 (Act No. V of 1906), s. 3.

(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 l[the Government], or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act.

Section 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.

Section 37. Admission of improperly stamped instruments

2[The Provincial Government] may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.

Section 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.

Section 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, 3[* * *] refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument.

(2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.

1 The original words “the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. 2 The original words “the G. G. in C.” were first subs. by A.O.,1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as above. 3 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”

rep. by the Decentralization Act, 1914 (Act No IV of 1914), s., 2 and Sch., Pt. I.

[1] Section 40. Collector’s power to stamp instruments impounded

(1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not being an instrument chargeable with a duty of one anna 2[or half an anna] only or a bill of exchange or promissory note, he shall adopt the following procedure:—

(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 re- quired to make up the same, together with a penalty of five rupees; or, if he thinks fit, 3[an amount not exceeding] ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees:

Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section.

(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein.

(3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer.

[4] Section 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 one anna 5[or half an anna ] 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 sections 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.

1 For modifications of these provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see s. 3 of that Act.

2 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.

3 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 6.

4 For modifications of these provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see s. 3 of that Act. 5 1ns. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 3.

(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 the1[provisions of rule 9 of Order XIII of the First Schedule to the Code of Civil Procedure. 1908 (Act V of 1908)].

Section 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.

Section 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 and 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.

Section 45. Power to Revenue authority to refund penalty or excess duty in certain cases

(1) Where any penalty is paid under section 35 or section 40, the 2[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 2[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.

2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1) (d).

Section 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.

Section 47. Power of payer to stamp bills and promissory notes received by him unstamped

When any bill of exchange 1[or promissory note] chargeable with the duty of one anna 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 manner hereinbefore provided, may pay the sum payable upon such bill 2[ 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 2[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 2[or note].

Section 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 moveable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land-revenue.

CHAPTER V

ALLOWANCES FOR STAMPS IN CERTAIN CASES

Section 49. Allowances for spoiled stamps

Subject to such rules as may be made by 3[ the Pro- vincial 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:

1 Subs. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, for “promissory note or cheque”.

2 Subs. ibid., for “note or cheque”.

3 The original words “G. G. in C” have successively been amended by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Pt. I, A.O., 1937 and A.O., 1964, Art. 2 and Sch., to read as above.

4 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

5 The word “cheques” rep., ibid.

(1) the stamp on 1[any such bill of exchange] 2[* *] 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 2[* *] 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 1[any such bill of exchange] 3[*] 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 4* *, 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 5* or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill 5[*] 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 in- tended 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:

1 Subs. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, for “any bill of exchange”.

2 The words “or cheque” rep., ibid. 3 The word “cheque” rep., ibid. 4 The words “or cheque” rep., ibid. 5 The word “cheque” rep., ibid.

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.

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 on 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 l[Pakistan], the application may be made within six months after it has been received back in 1[ Pakistan] :

(b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument.

Section 51. Allowance in case of printed forms no longer required by Corporations

The 2[ Chief Revenue Authority] 3[ or the Collector if empowered by the 2[ Chief Revenue Authority] in this behalf] may, without limit of time, make allowance for stamped papers used for printed forms of instruments 4[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 5[banker,] company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.

Section 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

3 Ins. by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Part I.

4 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 6.

5 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 6.

(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.

Section 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,

Section 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 one anna for each rupee or portion of a rupee, 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

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.

Section 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 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 1[Provincial Government] may direct.

1 Subs. by A.O., 1937, for “G.G. in C.”.

Explanation.—A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding 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;

(d) the alteration of the rate of interest or the dates of payment thereof. _____

CHAPTER VI

REFERENCE AND REVISION

Section 56. Control of, and statement of case to, Chief Revenue Authority

(1) The powers exercisable by a Collector under Chapter IV and Chapter V 1[and under clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the 2[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 2[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.

Section 57. Statement of case by Chief Revenue Authority to High Court

3[(1) The Chief Revenue Authority may state many 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, to the High Court].

(2) Every such case shall be decided by not less than three Judges of the High Court 4[* * *] to which it is referred, and in case of difference the opinion of the majority shall prevail.

Section 58. Power of High Court to call for further particulars as to case stated

If the High Court 4[* * *] 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.

1 Ins. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 7.

3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. IV (Only to the extent of Islamabad Capital Territory, for sub-section (1).

4 The word “or Chief Court”, as amended by A.O., 1937. A.O., 1949 and Act 26 of 1951, have been omitted by Ord. XXI of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955).

Section 59. Procedure in disposing of case stated

(1) The High Court 1[* * *], 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-autho- rity shall, on receiving such copy, dispose of the case conformably to such judgment.

Section 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 1[* * *] to which, if he were the 2[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 of the Registrar to the 2[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.

Section 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 proceeding 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.

(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:

1 The word “or Chief Court”, as amended by A.O., 1937. A.O., 1949 and Act XXVI of 1951, have been omitted by Ord. XXI of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955). 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1) (d).

Provided that–

(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

[1] Section 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 2[payable otherwise than on demand] 3* or promissory note without the same being duly stamped; or

(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or

(c) voting or attempting to vote under any proxy not duly stamped; shall for every such offence be punishable with fine which may extend to five hundred rupees:

Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.

(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.

Section 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 one hundred rupees.

1For modification of provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see s. 3 of that Act.

2 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

3 The word “cheque” rep. ibid.

Section 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 cir- cumstances ; or

shall be punishable with fine which may extend to five thousand rupees.

Section 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,

shall be punishable with fine which may extend to one hundred rupees.

Section 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 two hundred rupees.

Section 67. Penalty for not drawing full number of bills or marine polices purporting to be in sets

Any person drawing or executing a bill of exchange l[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 one thousand rupees.

1 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

Section 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 postdated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiates the same; or

(c) with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force ;

shall be punishable with fine which may extend to one thousand rupees.

Section 69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale

(a) Any person appointed to sell stamps who disobeys any rule made under section 74 ; and

(b) any person not so appointed who sells or offers for sale any stamp (other than a one-anna 1[or half an anna] adhesive stamp) ; shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 70. Institution and conduct of prosecutions

(1) No prosecution in respect of any offence punishable under this Act 2[ * * *] shall be instituted without the sanction of the Collector or such other officer as 3[the 4[Provincial Government]] generally, or the Collector specially, authorises in that behalf.

(2) The 5[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.

Section 71. Jurisdiction of Magistrates

No Magistrate other than 6[* * *] a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this

Act.

Section 72. Place of trial

Every such offence committed in respect of any instrument may be tried in any district 7[* * *] in which such instrument is found as well as in any district 7[* * *] in which such offence might be tried under the Code of Criminal Procedure for the time being in force.

1 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 3.

2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. IV (Only to the extent of Islamabad Capital Territory).

3 Subs. by A.O., 1937, for “the L. G.”.

4 Subs. by A.O., 1964, Art. 2 and Sch., for “collecting Government”.

5 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1) (d). 6 The words “a Presidency Magistrate or” omitted by A.O., 1949, Sch. 7 The words “or presidency-town” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951), s. 3 and II. Sch.

CHAPTER VIII

SUPPLEMENTAL PROVISIONS

Section 73. Books, etc., to be open to inspection

Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.

Section 74. Power to make rules relating to sale of stamps

The l[Provincial Government] 2[* * *] may make 3rules 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

Provided that such rules shall not restrict the sale of one anna 4[or half an anna] adhesive stamps.

Section 75. Power to make rules generally to carry out Act

The 5[Provincial Government] may make rules6 to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof.

Section 76. Publication of rules

7[(1) All rules made under this Act shall be published in the official Gazette.]

(2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.

[8] Section 76A. Delegation of certain powers

9[The 10[Federal Government]] 11[* * *] and the Provincial Government, may by 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 12[Chief Revenue Authority] ; and

(b) all or any of the powers conferred on the 12[Chief Revenue Authority] by sections 45 (1) (2), 56 (I) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.]

3 For such rules, see different local Rules and Orders.

4 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906)., s. 3.

5 Subs. by A.O., 1964, Art. 2 and Sch., for “collecting Government” which had been subs. by A.O., 1937, for “G. G. in C.”.

6 See the Indian Stamp Rules, 1925. For the Punjab Non-Judicial Stamps Refund, Renewal and Disposal Rules, 1954, see Gaz. of Punjab, 1954, Pt. I, p. 970.

7 Subs. by A.O., 1937, for the original sub-section.

8 S. 76A ins. by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Pt. I.

9 Subs. by A.O., 1937, for “The L. G. may, by notification in the local official Gazette”.

10 Subs. by F.A.O., 1975, Art, 2 and Table, for “Central Government”.

11 The words and figures “subject to the provisions of section 124 (1) of the Government of India Act, 1935,” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March. 1956). 12 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1) (d).

Section 77. Saving as to court-fees

Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees.

Section 78. Act to be translated and old cheaply

Every l[Provincial Government] shall make provision for the sale of translation of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding four annas per copy.

Section 79. [Repealed] Rep. by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and Sch. II.

_______

1 Subs. by A.O..1937, for “L. G.”.

1[SCHEDULE 1

STAMP-DUTY ON INSTRUMENTS [See sections 3 and 27A] Description of instruments

(1)

1. ACKNOWLEDGMENT of a debt exceeding twenty rupees in amount, or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book other than a banker’s pass-book or on a separate piece of paper when such book or paper is left in the creditor’s possession provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property:—

(a) where such amount does not exceed

two thousand rupees;

(b) where such amount exceeds two

thousand rupees but does not exceed ten thousand rupees; and

thousand rupees.

2. ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act, 1925 (XXXIX of 1925), section 6 of the Government Savings Banks Act, 1873 (V of 1873)—

(a) where the amount does not exceed

Rs. 1,000;

(b) in any other case

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).

4. AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing, except affidavit or declaration in writing when made— Proper stamp-duty

(2) One Rupee Two Rupees Five Rupees The same duty as on a Bond (No. 15) for such amount. One hundred Rupees One hundred Rupees Fifty Rupees

1Subs. by the Finance Act, 2019 (Act No. V of 2019), s.2, (as is in force in the Islamabad Capital Territory).

EXEMPTIONS:— Affidavit or declaration in writing when made—

(a) as a condition of enrolment under the

Pakistan Army Act, 1952 (XXXIX

of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961);

(b) for the immediate purpose of being

filed or used in any Court or before

the officer of any Court; or

person to receive any pension or

charitable allowance.

Paragraph 5. AGREEMENT OR MEMORANDUM OF AN AGREEMENT

(a) if relating to the sale of a bill of

exchange;

(b) if relating to the sale of Government

security;

incorporated company or other body corporate; and

(d) If not otherwise provided for. 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

Federal Government for or relating to any loan. AGREEMENT TO LEASE See LEASE (No.35).

6. AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to— Two Rupees. One Rupee for every Rs. 10,000 or part thereof of the value of the security, subject to a maximum of One Hundred Rupees. One Rupee for every rupees 5,000 or part thereof of the value of the share. Fifty Rupees

(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

(ii) in any other case

(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

(ii) in any other case

Paragraph 7. APPOINTMENT IN EXECUTION OF A POWER where made by any writing not being a will

(a) of trustees; and

(b) of property, movable or immovable

Paragraph 8. APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit

One-fifth of one percent that is to say, 0.2% of the loan amount subject to a maximum of one hundred rupees. One-fifth of one percent that is to say, 0.2% of the loan amount; and One-tenth of one percent that is to say 0.1% of the loan subject to a maximum of fifty thousand rupees. One-tenth of one percent that is to say 0.1% of the loan amount. Fifty Rupees. One hundred Rupees.

(a) where the amount does not exceed

Rs. 1,000; and

(b) in any other case EXEMPTIONS:—

(a) Appraisement or valuation made for

the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law; and

(b) Appraisement, of crop for the purpose of ascertaining the amount to be given to a landlord as rent.

9. APPRENTICESHIP-DEED, including every writing relating to the service or tuition of any apprentice clerk or servant, placed with any master to learn any profession, trade or employment not being ARTICLES OF CLERKSHIP (No. 11). EXEMPTIONS:— Instrument of apprenticeship executed by a Magistrate under the Apprenticeship Ordinance, 1962 (LVI of 1962), or by which a person is apprenticed by or at the charge of any public charity.

Paragraph 10. ARTICLES OF ASSOCIATION OF A COMPANY

(a) Where the company has no share

capital or the nominal share capital does not exceed Rs. 2,500.

(b) where the nominal share capital

exceeds Rs. 2,500 but does not exceed Rs. 1,00,000;

exceeds Rs. 1,00,000 but does not exceed Rs. 10,00,000; and

(d) Where the nominal share capital

exceeds Rs. 10,00,000. EXEMPTIONS:—Articles of any Association and not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No.39).

11. ARTICLES OF CLERKSHIP OR contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court. The same duty as on a Bond (No. 15) for such amount. One Hundred rupees. One Hundred rupees. Fifty rupees. One hundred rupees. Two hundred rupees. Five hundred rupees. One Thousand rupees.

Paragraph 11A. AIR TICKETS issued by any Airline

(a) for domestic flights;

(b) for international flights 11B AUTHENTICATED DECLARATIONS that is to say declaration of newspaper, periodicals or printing presses authenticated by legally competent Authority. Explanation I. The duty shall be paid by a declarant. Explanation II. Declaration shall not be authenticated unless the duty is paid.

12. AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit.

Paragraph 13. BILL OF EXCHANGE as defined by section 2 (2) not being BOND, bank note or currency note

(a) where payable otherwise than on

demand but not more than one year after date or sight—

(i) if drawn singly; and

(ii) if drawn in set of two or more,

for each part of the set; and

(b) where payable more than one year

after date or sight.

(i) If drawn singly;

(ii) If drawn in set of two for each

part of the set; and Twenty five rupees per ticket. Two hundred and fifty rupees per ticket. Five thousand rupees per declaration Three percent of the amount or value of the property to which the award relates as set forth in such award. Two rupees for every one thousand rupees or part thereof of the amount of the Bill One rupees for every one thousand rupees or part thereof of the amount of the Bill. Three rupees for every one thousand rupees or part thereof the amount of Bill. Two rupees for every one thousand rupees or part thereof the amount of

Bill.

(iii) If drawn in set of three for each

part of the set;

Paragraph 14. BILL OF LADING (including a through bill of lading). Note

If a bill of lading is drawn in parts, the proper stamps therefore must be borne by each one of the sets. EXEMPTIONS:—

(a) Bill of the lading when the goods

therein described are received at a place within the limits of any port as defined under the Ports Act, 1908 (XV of 1908), and are to be delivered at another place within the limits of the same port; and

(b) Bill of lading when executed out of

Pakistan and relating to property to be delivered in Pakistan.

15. BOND as defined by section 2 (5) not being a DEBENTURE (No.27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870 (VII of 1870)—

(a) where the amount or value secured

does not exceed five thousand rupees; and

(b) where it exceeds five thousand

rupees for every additional amount of five hundred rupees or part thereof. See ADMINISTRATION BOND (No.2), BOTTOMRY BOND (No.16), CUSTOMS BOND (No.26). INDEMNITY BOND (No.34), RESPONDENTIA BOND (No.56) SECURITY BOND (No.57). EXEMPTIONS:—Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a Charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensum.

16. BOTTOMRY BOND, that is to say, any instrument where by the master of a seagoing ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage. One rupees for every one thousand rupees or part thereof the amount of

Bill. Ten rupee. Fifteen Rupees Fifteen Rupees The same duty as on a Bond (No.15) for the same amount.

17. CANCELLATION, instrument of (including any instrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for. See also RELEASE (No.55), REVOCATION OF SETTLEMENT (No.58-B), SURRENDER OF Five hundred Rupees.

LEASE (No.61), REVOCATION OF TRUST (No.64-B).

18. CERTIFICATE OF SALE (in respect of each property put up as a separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer—

19. CERTIFICATE OR OTHER DOCUMENT evidencing the right or title of the holder thereof or any other person, either to any shares, scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body. See also LETTER OF ALLOTMENT OF SHARES (No.36).

20. CHARTER PARTY, that is to say, any instrument (except an agreement for the hire of a tug-steamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether it includes a penalty clause or not.

Paragraph 21. Stock and marketable securities how to be valued

***************************

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. 1[23. On conveyance as defined under clause (10) of section 2 not being a transfer charged or exempted under Article 62, the stamp duty shall be levied at one percent of the value of the immovable property.]

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—

Four percent of the consideration equal to the amount of the purchase money.

Fifty rupees.

One Hundred rupees.

_______________________________________________________________________________________________________________________________________________________________________________

1Subs. by the Finance Act, 2025 (Act No. XIX of 2025), it extent to the Islamabad Capital Territory, s.2.

(a) the original was not chargeable with

duty or if the duty with which it was

chargeable does not exceed four

rupees; and

(b) in any other case EXEMPTION:—

(a) Copy of any paper which a public

officer is expressly required by law

to make or furnish for record in any

public office or for any public

purpose;

(b) Copy of, or extract from, any register

relating to births, baptisms, aming,

dedications, marriages (divorces),

deaths or burials.

Paragraph 25. COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid

(a) if the duty with which the original

instrument is chargeable does not exceed four rupees;

(b) in any other case EXEMPTION:— Counterpart of any lease granted to cultivator when such lease is exempted from duty.

Paragraph 26. CUSTOMS BOND

(a) where the amount does not exceed

Rs. 1,000; and

(b) in any other case

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 or Participant Term Certificate, or Term Finance Certificate or any other instrument of redeemable capital being a marketable security transferable or by endorsement or by separate instrument of transfer or by delivery. Explanation—The term “Debenture” includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty. Five rupees. Ten rupees. The same duty as is leviable on the original. Ten rupees. The same duty as on a Bond (No.15) for such amount. One Hundred rupees. One-twentieth of one percent that is to say 0.05% of the face value Subject to a maximum of one million rupees

55. DECLARATION OF ANY TRUST See TRUST (No.64). 27A DECREE, RULE OF A COURT OR AN ORDER OF A COURT based on mutual consent of parties in cases involving transfer on an immovable property including sale, exchange, gift or mortage, declaring or conferring a right in or title to an immovable property. Explanation:— Value in this Article, means value of 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 Collector.

28. DELIVERY-ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any ware-house in which goods are stored or deposited on rent or hire, or upon any wharf such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein when such goods exceed in value twenty rupees. DEPOSIT OF TITLE-DEED. See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No.6). DISSOLUTION OF PARTNERSHIP. See PARTNERSHIP (No.46). Four percent of the value of property. Ten Rupees.

Paragraph 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).

Paragraph 30. ENTRY AS AN ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT

under the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973)—

(a) in the case of an Advocate; and

(b) in the case of an Attorney

Paragraph 31. EXCHANGE OF PROPERTY

Instrument of— EXTRACT. See COPY (No.24)

Paragraph 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); and

(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; and One Hundred rupees. One thousand five hundred rupees. Two thousand rupees. The same duty as is leviable on a Convey- ance (No.23) for a consideration equal to the value of the property of greatest value as set forth in such instrument. The same duty as on a Conveyance (No.23) for a consideration equal to the amount of the further charge secured by such instrument. The same duty as on a Conveyance (No.23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgaged and further charge.

(ii) If possession is not so given.

Paragraph 33. GIFT

Instrument of, not being SETTLEMENT(No.58) OR WILL OR TRANSFER (No.62). HIRING AGREEMENT or AGREEMENT FOR SERVICE. See AGREEMENT (No.5).

Paragraph 34. INDEMNITY BOND. INSPECTORSHIP-DEED

See COMPOSITION-DEED (No. 22).INSURANCE— See POLICY OF INSURANCE (No. 47).

Paragraph 35. LEASE, including an under-lease or sub- lease and any agreement to let or sub-let

(a) where by such lease the rent is fixed and no premium is paid or delivered—

(i) where the lease purports to be for a term of less than one year;

(ii) where the lease purports to be

for a term of not less than one

year but not more than three

years;

(iii) where the lease purports to be

for a term in excess of three

years, but not more than twenty

years;

(iv) where the lease purports to be

for a term in excess of twenty years or in perpetuity; and

(v) where the lease does not

purport to be for any definite

term. The same duty as on a Bond (No.15) for the amount of the further charge secured by such instrument. The same duty as is leviable on a Conveyance (No.23) for a consideration equal to the value of the property as set-forth in such instrument. The same duty as on a Security Bond (No. 57) for the same amount. Two percent of the whole amount payable or deliverable under such

lease. Two percent of the amount or value of the average annual rent reserved. Two percent of the consideration equal to the amount or value of the average annual rent reserved. Two percent of the consideration equal to the whole amount of rents which would be paid or delivered in respect of the first ten years of the lease. Two percent of the consideration equal to the amount or value of

the average annual rent which would be paid or delivered for the first ten

years,    if 
the    lease

continued so long.

(b) (i) where the lease is granted for money advanced and where no rent is reserved;

(ii) where the lease is granted for a fine or premium and where no rent is reserved; and

provided that, in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed four rupees. Two percent of the consideration equal to the amount of such fine or premium as set forth in lease in addition to the duty which would have been payable on such lease if no fine or premium has been paid or delivered: Provided

that, in any case when an agreement to lease is stamped with an ad valorem stamped required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease

36. LETTER OF ALLOTMENT OF SHARES in any company or proposed company or in respect of any loan to be raised by any company or proposed company. See also CERTIFICATE OR OTHER DOCUMENT (No.19).

37. LETTER OF CREDIT, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favor it is drawn. LETTER OF GUARANTEE, See AGREEMENT (No.5).

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.

Paragraph 39. MEMORANDUM OF ASSOCIATION OF A COMPANY

(a) if accompanied by articles of

association under section 35 of the Companies Act, 2017 (XIX of 2017);

(b) If not so accompanied. EXEMPTION:—Memorandum of any association not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). shall not exceed one hundred rupees. Ten Rupees Fifty Rupees One hundred Rupees Two hundred Rupees.

(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;

(b) When possession is not given or

agreed to be given as aforesaid.

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; and for every Rs. 1,000 or part thereof secured in excess of Rs. 1,000; and

(d) (i) mortgage with banking companies

that is to say simple or legal

mortgage for banking companies or

other financial institution when the

entire finance is not based on

interest; and

(ii) in any other case

EXEMPTION:—

(1) Instruments, executed by persons

taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884) or by their sureties as security for the repayment of such advances.

(2) Letter of hypothecation accompanying a Bill of Exchange. Three percent of the consideration equal to the amount secured by such deed. Three percent of the amount secured by such

deed. Ten Rupees. One fifth of one percent that is to say 0.2% of the loan amount subject to a maximum of one hundred rupees. One fifth of one percent that is to say 0.2% of the loan amount.

(a) when the loan is repayable not more

than three months from the date of

the instrument, for every two

hundred rupees or part thereof of the

sum secured; and

(b) when the loan is repayable more than

three months, but not more than

eighteen months, from the date of the

instrument, for every one hundred

rupees or part thereof of the sum

secured.

42. NOTARIAL ACT, that is to say, any instrument, endorsement, note, attestation, certificate or entry not being a PROTEST (No.50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. See also PROTEST OF BILL OR NOTE (No.50).

43. NOTE OR MEMORANDUM SENT BY a broker or agent to his principal intimating the purchase or sale on account of such principal—

(a) of any goods exceeding in value

twenty rupees;

(b) of any stock or marketable security

exceeding in value twenty rupees,

not being a Government Security;

and

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). One Rupee Two Rupees Ten Rupees Five Rupees Five rupees for every Rs. 5,000 or a part thereof of the value of the stock or security. One rupee for every 10,000 rupees or part thereof of the value of the security subject to a maximum of forty rupees. Five rupees.

Paragraph 45. PARTITION

Instrument of [as defined by section 2(15)]. Explanation— The largest share remaining after the property is partitioned (or if there are two or more shares of equal value and not smaller than any of the other shares, than one of such equal shares) shall be deemed to be that from which other shares are separated:

Provided always that—

(a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument affecting such partition shall be reduced by the amount of duty paid in respect of the first instrument but shall not be less than four rupees;

(b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for purpose of duty shall be calculated at not more than five times the annual revenue;

(c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing

a partition, is stamped with the stamp required for an instrument of partition in pursuance of such order or award is subsequently executed the

duty    on    such 
instrument    shall    not

exceed four Rupees.

Paragraph 46. PARTNERSHIP

A—INSTRUMENT OF—

(a) where the capital of the

partnership does not exceed Rs.

500.

(b) in any other case B—DISSOLUTION OF PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDGE (No. 6).

Paragraph 47. POLICY OF INSURANCE

A—See INSURANCE (see section 7)—

(1) For each voyage—

(i) where the premium of

consideration does not exceed

the rate of 1/8 per cent of the

amount insured by the policy

for every full sum of Rs. 5,000

and also any fractional parts

thereof insured by the policy.

(ii) in any other case, in respect of

every full sum of Rs.2,000 and

also any fractional part thereof

insured by the policy.

(2) For time— in respect of every full sum of Rs.2,000 or part thereof insured by the policy—

(i) where the insurance shall be

made for any time not

exceeding six months;

(ii) where the insurance shall be

made for any time exceeding

six months and not exceeding

twelve months. Two hundred Rupees One hundred Rupees Half of the stamp duty payable on original. If drawn If drawn single in duplicate for each part Three Three Rupees. Rupees. Three Three Rupees. Rupees. Three Three Rupees. Rupees. Five Three Rupees 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;

(ii) in any other case and

(2) in respect of each receipt for any

payment of a premium on any renewal of an original policy.

C—ACCIDENT AND SICKNESS INSURANCE—

(a) Against railway accident, valid for a

single journey only. 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.

D—INSURANCE BY WAY OF INDEMNITY— Against liability to pay damages on account of accidents to workmen employed by or under or against liability to pay compensation under Workmen’s Compensation Act, 1923 (VIII of 1923), for every Rs. 100 or part thereof payable as premium. Five Rupees. Eight Rupees. One-half of the duty payable in respect of the original policy in addition to the amount, if any, chargeable under No. 53. Three Rupees Three Rupees: Provided that, in case of a policy of insurance against death by accident when the annual premium payable does not exceed

Rs. 2.50 per Rs. 1,000 the duty on such instrument shall be one rupee for every Rs.1,000 or part thereof of the maximum amount which may become payable under it. Three rupees if drawn singly.

E—LIFE INSURANCE OR OTHER INSURANCE NOT SPECIFICALLY

PROVIDED FOR, except such a RE- INSURANCE as is described in Division of this article—

(i) for every sum insured not exceeding Rs.250;

(ii) for every sum insured exceeding

Rs.250 but not exceeding Rs.500;

(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. EXEMPTIONS:—Policies of life insurance granted by the Director-General of Post Offices in accordance with rules for Postal Life Insurance issued under the authority of the Central Government. F—RE-INSURANCE BY AN INSURANCE COMPANY WHICH HAS GRANTED A POLICY OF THE NATURE SPECIFIED IN DIVISION A OR DIVISION B OF THIS ARTICLE WITH ANOTHER COMPANY BY WAY OF INDEMNITY OR GUARANTEE AGAINST THE PAYMENT ON THE ORIGINAL INSURANCE OF A CERTAIN

PART OF THE SUM INSURED THEREBY.

GENERAL EXEMPTIONS:-Letter of cover or engagement to issue a policy of insurance:

Provided that, unless such letter or engagement bears the stamp prescribed by this Act for such policy nothing shall be claimable thereunder, nor shall it be available for any purpose except to compel the delivery of the policy therein mentioned.

Paragraph 48. POWER-OF-ATTORNEY as defined by section 2(21) of Stamps Act, 1899 (II of 1899), not being a proxy (No.52)

(a) when executed for the sole purpose

of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such document;

If drawn If drawn singly in duplicate, for each part Three Three Rupees Rupees Three Three Rupees Rupees Three Three Rupees Rupees One-half of the duty payable in respect of the original insurance but not less than three Rupees or more than eight Rupee. Five Hundred Rupees

(b) when authorizing one person or more

to act in a single transaction other than the case mentioned in clause (a);

persons to act jointly and severally in

more than one transaction or

generally;

(d) when authorizing more than five but

not more than ten persons to act

jointly and severally in more than

one transaction or generally; and

(e) when given for consideration and

authorizing the attorney to sell any

immovable property.

(f) in any other case Explanation 1—For the purposes of this Article more persons than one when belonging to the same firm shall be deemed to be one person. Explanation 2—The term “Registration” includes every operation incidental to registration under the Registration Act, 1908 (XVI of 1908).

Paragraph 49. PROMISSORY NOTE as defined by section 2(22) of Stamps Act, 1899 (II of 1899)

(a) when payable on demand—

(i) when the amount or value does not exceed Rs. 250.000;

(ii) when the amount or value

exceeds Rs. 250,000 but does not exceed Rs. 500,000;

(iii) in any other case

(b) When payable otherwise than on

demand, including a commercial

paper.

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

One thousand Rupees One thousand Rupees One thousand Rupees One thousand Rupees One thousand Rupees Thirty Rupees Sixty Rupees One hundred Rupees One-fiftieth of one percent that is to say 0.02% per annum of the amount payable subject to a maximum of Rs. 100,000 Ten Rupees Ten Rupees

52. PROXY empowering any person to vote Five Rupees at any one election of the members of a district or local board or of a body of municipal commissioners, or at any one meeting of (a) members of an incorporated company or other body corporate whose stock or funds is or are divided into shares and transferable; (b) a local authority; or (c) proprietors, members or contribution to the funds of any institution.

53. RECEIPTS as defined by section 2 (23) of Stamps Act, 1899 (II of 1899) for any money or other property the amount or value of which exceeds twenty rupees—

(a) where the amount or value does not One Rupee exceed two thousand rupees;

(b) where the amount or value exceeds Two Rupees. two thousand rupees but does not exceed ten thousand rupees;

(a) endorsed on or contained in any

instrument duly stamped for any

instrument exempted under the

proviso to section 3 (instruments

executed on behalf of the

Government) or any cheque or bill

of exchange, payable on

demand acknowledging the receipt

of the consideration money therein

expressed, or the receipt of any

principal-money, interest of annuity,

or other periodical payment thereby

secured;

(b) for any payment of money without

consideration;

(d) for pay or allowances by non- commissioned or petty officers, soldiers, sailors or airmen of the armed forces of Pakistan/ Pakistan’s military, naval or air forces, when serving in such capacity, or by mounted police constables;

(e) given by holders of family certificates in cases where the person from whose pay or allowances the sum comprised in the receipt has been assigned as a non- commissioned or petty officer, soldier, sailor or airman or any of the said forces and serving in such capacity;

(f) for pensions or allowances by persons receiving such pensions or allowances in respect of their services as such, non-commissioned or petty officers, soldiers, sailors or airmen, and not serving the State in any other capacity;

(g) given by a headman or lambardar for land-revenue or taxes collected by him;

(h) given for money or securities for money deposited in the hands of any banker to be accounted for:

Provided that the same is not expressed to be received of, or by the hands of, any other than the person to whom the same is to be accounted for:

Provided also that this exemption shall not extend to receipt or acknowledgment for any sum paid or deposited for, or upon a letter of allotment of a share, or in respect of a call upon any scrip or share of, or in, any incorporated company or other body corporate or such

proposed or intended company or body or in respect of a debenture being a marketable security. See also POLICY OF INSURANCE [No. 47-B (2)].

Paragraph 54. RE-CONVEYANCE OF MORTGAGE PROPERTY

(a) if the consideration for which the

property was mortgaged does not

exceed Rs. 1,000;

(b) in any other case

55. RELEASE,

(a) that is to say, any instrument [not being such a release as is provided for by section 23A of Stamps Act, 1899 (II of 1899)] whereby a person renounces a claim upon another person or against any specified property—

(b) in any other case

56. RESPONDENTIA BOND, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. REVOCATION OF ARMY TRUST OR SETTLEMENT. See SETTLEMENT (No.58), TRUST (No.64).

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;

(b) in any other case EXEMPTIONS:- Bond or other instrument, when executed—

(a) by any person for the purpose of guaranteeing that the local income derived from private subscription to a charitable dispensary or hospital or Thirty Rupees One hundred Rupees One Thousand Rupees. One Thousand Rupees. The same duty as on a Bond (No.15) for the amount of the loan secured. Thirty Rupees One hundred Rupees

any other object of public utility shall not be less than a specified sum per mensum;

(b) under No. 3-A of the rules made by

the Provincial Government under

section 70 of the Sind Irrigation Act,

1879;

under the Land Improvement, Loans

Act, 1883 (XIX of 1883), or the

Agriculturists Loans Act, 1884 (XII

of 1884), or by their sureties as

security for repayment of such

advances;

(d) executed by servants of the State or

their securities to secure the due

execution of an office or the due

accounting for money or other

property received by virtue thereof.

Paragraph 58. SETTLEMENT

A—Instrument of (including a deed of power)—

(i) where the settlement is made in favor of legal heirs in respect of agriculture land

(ii) Where the settlement is made for a religious or charitable purpose:

(iii) in any other case Two percent of the value of the property. Two percent of the sum equal to the amount or value of the property settled. Two percent of the consideration equal to the amount or value of the property settled:

Provided that, where an agreement to settle is stamped with the stamp required for an instrument of settlement, and an instrument of settlement in pursuance of such agreement is subsequently executed, the

duty    on    such  
instrument    shall    not

exceed four rupees:

Provided further that where an instrument of settlement contains any provision for the revocation of the settlement, the amount or value of the property settled shall, for the purposes of duty, be determined as if no such

EXEMPTIONS:—Deed of dower executed on the occasion of marriage between Muslims. B—Revocation of— See also TRUST (No.64)

59. SHARE WARRANTS to bearer issued under the Companies Act, 2017 (XIX of 2017).

(a) one and a half per centum of the

whole subscribed capital of the

company; or

(b) if any company which has paid the

said duty or composition in full

subsequently issues an addition to its

subscribed capital—one and half per

centum of the additional capital so

issued. SCRIP—See CERTIFICATE (No.19).

60. SHIPPING ORDER for or relating to the conveyance of goods on board of any vessel. provisions were contained in the instrument. Two percent of the consideration equal to the amount or value of the property concerned as set forth in the instrument of revocation. One and a half times the duty payable on a Debenture [No.27 ] for a consideration equal to the nominal amount of the shares specified in the warrant. Five rupees

Paragraph 61. SURRENDER OF LEASE

(a) when the duty with which the lease

is chargeable does not exceed thirty rupees;

(b) in any other case EXEMPTION:- Surrender of lease, when such lease exempted from duty.

Paragraph 62. TRANSFER (whether with or without consideration)

(a) of shares in an incorporated company or other body corporate;

(i) if the duty on such bond, mortgage-deed or policy does not exceed twenty rupees; and

(ii) in any other case

(d) of any property under the

Administrator-General’s Act, 1913,

(III of 1913) section 31; and

(e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary.

1[(1)] EXEMPTIONS:— Transfers by endorsement—

(a) of a bill of exchange, cheque or

promissory note;

The duty with which lease is chargeable. One hundred rupees One-fourth of the duty payable on a Conveyance (No.23) for a consideration equal to the value of the share. One tenth of one percent that is to say 0.1% of the face value of the instrument. The duty with which such bond, mortgage- deed or policy of insurance is chargeable. Fifty Rupees. Fifty Rupees. Twenty Rupees or such smaller amount as may be chargeable under clauses (a) to (c) of this Article.

1Numbered by the Finance Act, 2024 (Act No. X of 2024), s.2, (as is in force in the Islamabad Capital Territory).

(b) of a bill of lading, delivery order,

warrant for goods, or other

mercantile document of title to

goods;

(c)

(d) of securities of the Federal Government. See also section 8—

1[(2) Transfers which are converted under Conveyance described in Article 23 (1) (a).]

63. TRANSFER OF LEASE by way of assignment and not by way of under-lease.

EXEMPTION:—Transfer of any lease exempt from duty.

Paragraph 64. TRUST

A. Declaration of - of or concerning

any property when made by any writing not being a WILL.

B. REVOCATION OF - of, or

concerning any property when made by any instrument other than a

WILL.

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.]

Schedule II. — (Repealed by the amending Act, 1914 (Act No. X of 1914) s.3 and Schedule II. The same duty as is leviable on Conveyance (No.23) for a consideration equal to the amount of the consideration for the transfer. 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 two hundred Rupees. 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 two hundred Rupees. Five Rupees”. 6224929

Date: 07-07-2025

1Added by the Finance Act, 2024 (Act No. X of 2024), s.2 (as is in force in the Islamabad Capital Territory).

Print contents from the source

CONTENTS
__________

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
STAMP-DUTIES
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
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 un-stamped

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16. Denoting duty
17. Instruments executed in Pakistan
18. Instruments other than bills and notes executed out of Pakistan
19. Bills and notes drawn out of Pakistan
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
23A. 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
27A. Valuation of immovable property
28. Direction as to duty in case of certain conveyances
29. Duties by whom payable
30. Obligation to give receipt in certain cases
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Collector
CHAPTER IV

INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments
34. Special provision as to unstamped receipts
35. Instruments not duly stamped in admissible is evidence, etc.
36. Admission of instrument where not to be questioned
37. Admission of Improperly stamped instruments

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38. Instruments impounded how dealt with
39. Collector’s power to refund penalty paid under section 38
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 to Revenue authority to refund penalty or excess duty in certain cases
46. Non-liability for loss of instruments sent under section 38
47. Power of payer to stamp bills and promissory notes received by him unstamped
48. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowances 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 cases 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

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CHAPTER VII

CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped
63. Penalty for failure to cancel adhesive stamp
64. Penalty for omission to comply with provisions of section 27
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts
66. Penalty for not making out policy, or making one not duly stamped.
67. Penalty for not drawing full number of bills or marine polices purporting to be in sets.
68. Penalty for post-dating bills, and for other devices to defraud the revenue
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale
70. Institution and conduct of prosecutions
71. Jurisdiction of Magistrates
72. Place of trial
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection
74. Power to make rules relating to sale of stamps
75. Power to make rules generally to carry out Act
76. Publication of rules
76A. Delegation of certain powers
77. Saving as to court-fees
78. Act to be translated and old cheaply
79. Repealed

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THE STAMP ACT, 1899

CONTENTS
__________

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CHAPTER VII

SCHEDULE I
SCHEDULE II (Repealed)

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THE STAMP ACT, 1899

1ACT NO. II OF 1899

[27th 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; i t 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 Pakistan.]
(3) It shall come into force on the first day of July 1899.
2. Definitions. — In this Act, unless there is something repugnant in the subject or context, -
(1) “Banker” “banker” includes a bank and any person acting as a banker:

1 For Statement of Objects and Reasons, see Gazette of India, 1897, Pt. V,p.175; for Report of the Select Committee, see ibid., 1898, pt. V,p, 231 ; and
for Proceedings in Council, see ibid., 1898, Pt. VI, pp. 10 and 278; and ibid., 1899, Pt. VI, p. 5.
The Act has been amended in its application to:—
(1) Bombay, by the Bombay Finance Act, 1932 (Bom. 2 of 1932), as amended by Bombay Acts 1 of 1935 and 3 of 1936 ;
(2) the Punjab and the N.W.F.P., by the Indian Stamp (Punjab Amendment) Act, 1922 (Punjab 8 of 1922), the Indian Stamp
(Punjab Amendment) Act, 1924 (Punjab 1 of 1924) and the Indian Stamp (N.W.F.P. Amendment) Act, 1948 (N.W.F.P. Act
15 of 1948) : see also the Punjab Stamp (Amendment) Act, 1935 (Punjab 1 of 1935), the Punjab Act 14 of 1948, s . 2 and Act 11 of
1949, s. 2. applying only to the Punjab;
(3) Sind, by the Indian Stamp (Sind Amendment) Act, 1938 (Sind 12 of 1938);
(4) Capital of the Federation, by the Finance Act, 1952 (4 of 1952) ; and
(5) the Province of West Pakistan (except the Capital of the Federation) by West Pakistan Act No. 16 of 1957,s. 3 (3)and3rd
Sch.(w.e.f. 14-10-55).

It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain
modifications, and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phu lera with effect from such date and subject to such
modifications as may be notified, see N.W.F.P. (Upper Tanawal Excluded Area) Laws Regulation, 1950.
This Act and all rules, notifications, declarations and orders made under it which were in force immediately before the first day of April, 1952, have
been extended to and brought into force in the State of Bahawalpur, see the Bahawalpur (Extension of Laws) Order, 1952 (G.G.O. 2 of 1952), Art. 2.
It has been extended to Khairpur State, see the Khairpur (Federal Laws) (Second Extension) Order, 1953 (G.G.O. 14 of 1953).
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in
the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It has also been extended to the Baluchistan States Union, see G.G.O. 18 of 1953.
This Act has been amended in its application to the Province of West Pakistan by W. Pak. Ord. 46 of 1959 (with effect from the 15th August, 1959).
It has also been amended in its application to the Province of Punjab by Punjab Act XXVI of 1973, s. 2.
The Act, as in force in the North -West Frontier Province immediately before the commencement of N.W.F.P., Regulation No II of 1974, has been
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Are a, by N.W.F.P. Regulation No. II of
1974, s. 3.
It has also been amended in its application to the Province of Sind by Sind Act XV of 1975, s. 3.
This Act has been amended to the extent of Islamabad Capital Territory see, Ordinance No. XXVII of 1981, s. 5 and 4th Sch.
This Act has also been amended in its application to the Province of N.W.F.P. by (1) N.W.F.P. Act VII of 1977. (2) N.W.F.P. O rd. VII of 1976 (3)
N.W.F.P. Ord. III of 1977. (4) N.W.F.P. Ord. XII of 1977. (5) N.W.F.P. Ord. XVII of 1981.
This Act has further been amended in its application to the Province of Baluchistan by Baluchistan Ord. XIV of 1983.
This Act has also been amended in its application to the Province of Punjab by Punjab Ord. 1 of 1984 and Ordinance XXXVII of 1984.
This Act has also been amended in its application to the Province of Sind by Ordinance No. XVI of 1981 and Sind XXX of 1984.
It has further been amended in its application to the Province of West Pakistan by W. Pak. Act No. II of 1964, s. 2 (w.e.f. to be notified later on).
2 The word “Indian” omitted by A.O., 1949, Sch.
3 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( Ordinance No. XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October,
1955), for sub -section (2) as amended by the Repealing and Amending Act, 1914 ( Act No. X of 1914), s. 3 and II Sch., A.O ., 1949, Sch. and the
Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951), s. 8.

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(2) “Bill of exchange”. “bill of exchange ” means a bill of exchange as defined by the
Negotiable Instruments Act, 1881 (XXVI of 1881), and includes also 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”. “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”. “bill of lading” includes a “through bill of lading, ” but does not include
a mate’s receipt:
(5) Bond. “ 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 pe rformed, 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.” “chargeable” means, as applied to an instrument exe cuted or first
executed after the commencement of this Act, chargeable under this Act, and, is applied to any other
instrument, chargeable under the law in force in 1[Pakistan] when such instrument was executed or,
where several persons executed the instrument at different times, first executed:
(7) “Cheque”. “cheque” means a bill of exchange drawn on a specified banker and not
expressed to be payable otherwise than on demand:

2[* * * * * * *]

(9) “Collector”. “Collector”—
3[(a) means the Collector of a district; and]
(b) includes a Deputy Commissioner and any officer whom 4[the Provincial
Government] may, by notification in the official Gazette, appoint in this
behalf:

1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
2 Cl. (8) defining “Chief Controlling Revenue-authority”., rep. by A.O., 1937 : see now definition in s. 3 (9a) of the General Clauses Act, 1897 (Act No.
X of 1897).
3 Subs. by A.O., 1949, Sch., for the original sub-clause (a).
4 The Original words “the L.G.” were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch. (with effect from the 27th May, 1964),
to read as above.

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(10) “Conveyance”. “conveyance” includes a conveyance on sale and every instrument by
which property, whether moveable or immoveable, is transferred inter vivos and which is not
otherwise specifically provided for by Schedule I :
1[(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,]
1[(11A) “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 ”. “executed” and “execution”, used with reference to
instruments, mean “signed” and ”signature” :

2[* * * * * * *]

1[(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

(14) “Instrument”. “instrument” includes every document by which any right or liability is,
or purports to be, created, transferred, limited, extended, extinguished or recorded 1[and includes any
instrument executed in electronic form.]
(15) “Instrument of partition”. “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”. “lease” means a lease of immoveable 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, immoveable property;

(d) any writing on an application for a lease intended to signify that the
application is granted;

3[(16A) “ Marketable security”. “marketable security ” means a security of such a
description as to be capable of being sold in any stock market in 4[Pakistan] 5[* * * *:]
1Subs. & Ins. by Finance Act, 2021 (Act No. VIII of 2021), s.2.
2 Cl. (12A) defining “Collecting Government” ins. by A.O., 1937, and subsequently amended by A.O., 1961, Art. 2 and Sch., has been omitted by A.O.,
1964, Art, 2 and Sch.
3 CI. (16A) ins. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 2.
4 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
5 The words “or in the United Kingdom” have been omitted (only to the extent of Islamabad Capital Territory) by the Federal Laws (Revision and
Declaration, Ordinance, 1981 (Ordinance No. XVII of 1981) s. 5 and Sch. IV.

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(17) “Mortgage-deed”. “ 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 trans fers, or creates, to or in favour of,
another, a right over or in respect of specified property:
(18) “Paper”. “paper” includes vellum , parchment or any other mate rial on which an
instrument may be written:
(19) “Policy of insurance”. “ 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: 1[*]
1[* * * * * * *]
(20) “Policy of sea -insurance” or “see -policy”.___ “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 go ods, merchandise or pro perty fo r any transit
which includes, not only a 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 ad ditional
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”. “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”. “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 contin gency which may or may not be
performed or happen:
(23) “Receipt”. “receipt” includes any not, 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 moveable property is acknow ledged to have been received
in satisfaction of a debt, or

1 The word “and” and sub-clause (c) rep. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 2.

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(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: 1[*]
(24) “Settlement”. “settlement” means any non -testamentary disposition, in writing, of
moveable or immoveable 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 suc h a disposition 2[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] : 3[and
(25) “Soldier”. “soldier” includes any person below t he rank of non -commissioned officer
who is enrolled under the Indian Army Act 1911 (VIII of 1911) 4[or the Pakistan Army Act, 1952
(XXXIX of 1952)].] .
______

CHAPTER II
STAMP-DUTIES
A.-Of the Liability of Instruments to Duty

3. Instruments chargeable with duty. — Subject to the provisions of this Act and the
exemptio ns contained in Schedule I, the following instruments shall be chargeable with duty
of the amount indicated in that schedule as the proper duty therefore respectively, that is to say–
(a) every instrument mentioned in that schedule which, not having been
previously executed by any person, is executed in 5[Pakistan] on or after the
first day of July, 1899 ;
(b) every bill of exchange 6[payable otherwise than on demand] 7* or promissory
note drawn or made out of 5[Pakistan] on or after that day and accepted or
paid, or presented for acceptance or payment, or endorsed, transferred or
otherwise negotiated, in 5[Pakistan] ; and

1 The word “and” rep. by the Repealing and Amending Act, 1928 (Act No. XVIII of 1928).
2 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 2.
3 The word “and” and cI. (25), ins. by Act,1928 (Act No. XVIII of 1928, s. 2 and Sch. I.
4 Added by the Central Laws (Statute Reform) Ordinance, 1960 ( Ordinance No. XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October,
1955).
5 Subs. by the Central Laws (Statute Reform) Ordinance, 1960, ( Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”.
6 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.
7 The word “cheque” rep., ibid.

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(c) every instrument (other than a bill of exchange 1[*] or promissory note)
mentioned in that schedule , which, not having been previously executed by
any person, is executed out of 2[Pakistan] on or after th at day, relates to any
property situate, or to any matter or thing done or to be done, in 2[Pakistan]
and is received in 2[Pakistan] :

Provided that no duty shall be chargeable in respect of—

(1) any instrument executed by, or on behalf of, or in favo ur of, the 3[Government] in cases
where, but for this ex emption, the 3[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, int erest, share or property of or in any ship
or vessel registered under the Merchant Shipping Act, 1894, or under Act XIX of 1838 4, or the
Registration of Ships Act, 1841 (57 & 58Vict.c. 60 X of 1841), as amended by subsequent Acts.

4. Several instruments used in single transaction o f sale, mortgage or settlement. —(1)
Where, in the case of any sale, mortgage or settlement, several instruments are employed for
completing the transaction, the principal instrument only shall be chargeable with the duty prescribed
in Schedule I, for the conveyance, mortgage or settlement, and each of the other instruments shall be
chargeable with a duty of one rupee 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 relati ng to several distinct matters. — Any instrument comprising or
relating to several dis tinct 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 seve ral 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 there under are different, be
chargeable only with the highest of such duties:

Provided that nothin g in this Act contained shall render chargeable with duty exceeding one
rupee a counterpart or dup licate 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 (57 & 58Vict.c. 60) shall be valid
unless the same is expressed in a sea- policy.

1 Repealed by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, The word “cheque”.
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960, (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “British India”.
3 Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown”.
4 The Bombay Coasting Vessels Act. 1838.

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(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 pol icy 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
1[Local Authorities Loans Act, 1914 (IX of 1914)] or of any other law for the time being in force, by
the issue of bonds, debentures or other s ecurities, shall, in-respect of such loan, be chargeable with a
duty of 2[one per centum] on the total amount of th e bonds, debentures or other securities issued by
it, and such bonds , debentures or other secu rities need not be stamped, and sha ll not be chargeable
with any further duty on renewal, consolidation, sub-division or otherwise.

(2) The provisions of sub-section (1) exempting c ertain 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 menti oned therein, and all such
bonds, debentures or other securities shall be valid, whether the same are stamped or not:

3[* * * * * * *]

(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 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. 4[The Provincial Government] may, by rule or order published in the 5[official Gazette],–

(a) Power to reduce, remit or compound duties. reduce or remit, whether
prospectively or retrospective ly, in the whole or any part of 6[the t erritories
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 b y 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.

1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981) s. 5 and Sch. IV for “Local Authorities Loan
Act, 1879”. (Only to the extent of Islamabad Capital Territory).
2 Subs. by the Indian Stamp (Amendment) Act, 1910 (Act No. VI of 1910), s. 2, for “eight annas per centum”.
3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 ( Ordinance No. XXVII of 1981) s. 5 and Sch. IV (Only to the extent of
Islamabad Capital Territory).
4 The original words “The G. G. in C.” were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as above.
5 Subs. by A. O., 1937, for “Gazette of India”.
6 Subs. ibid., for “British India”.

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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 1[or e-stamps]—
(a) according to the provisions herein contained ; or
(b) when no such provision is applicable thereto-as the 2[Provincial Government]
may by rule direct.
(2) The rules3 made under sub-section (1) may, among other matters, regulate,—
(a) in the case of each kind of instrument -the description of stamps 1[or e-stamps]
which may be used;
(b) in the case of instruments stamped w ith 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 ad hesive
stamps, namely:—
(a) instruments chargeable with the duty of one anna 4[or half an anna], except
parts of bills of exchange payable otherwise than on demand and drawn in sets
;
(b) bills of exchange,5 * and promissory notes drawn or made out of 6[Pakistan];
7(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 e xecuted by any person s hall, when affixing such
stamp, cancel the same so that it cannot he used again; and

(b) whoever executes any instrument on any paper bearing an adhesive stamp sha ll,
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.

1Ins. by the Finance Act,2021 (Act No. VIII of 2021), s.2.
2Subs. by A. O., 1964, Art. 2 and Sch., for “Collecting Government” which had been subs. by A. O., 1937, for “G. G. in C."
3See the Indian Stamp Rules, 1925.
4Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.
5The word “cheques” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.
6Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955),
for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “British India”.
7As to the enrolment of legal practitioners in the N.W.F.P., see the N.W.F.P. Law and Justice Regulation, 1901 ( VII of 1901), s. 9.

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(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 acro ss 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 impr essed 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 end orsement which is duly stamped or
is not chargeable with duty being made upon any instrument for the purpose of tr ansferring 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 un -stamped.— Every
instrument written in contravention of section 13 or section 14 shall be deemed to be un-stamped.
16. Denoting duty. —Where the duty with which an instrument is chargeable, or its
exemption from duty, depends in a ny manner upon the duty actually paid in respect of another
instrument, the payment of such last -mentioned duty sha ll, if application is made in writing to the
Collector for that purpose, and on production of both the instru ments, be denoted upon such fir st-
mentioned instrument, by en dorsement under the hand of the Collector or in such other manner . (if
any) as the l[Provincial Government] may by rule prescribe.
C.-Of the time of stamping Instruments
17. Instruments executed in Pakistan.— All instruments chargeable with duty and executed
by any person in 2[Pakistan] shall be stamped before or at the time of execution.
18. Instruments other than bills and notes executed out of Pakistan. — (1) Every
instrument chargeable with duty executed on ly out of 2[Pakistan], and not being a bill of exchange,
3* or promissory note, may be stamped within three months after it has been first received in
2[Pakistan].
(2) Where any such instrument cannot, with reference to the description of stamp prescribe d
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 suc h manner as the l[provincial Government] may by
rule prescribe, with a stamp of such value as the pers on so taking such instrument may require and
pay for.
19. Bills a nd notes drawn out of Pakistan. The firs t holder in 2[Pakistan] of any bill of
exchange, 4[payable otherwise than on demand] 3* or promissory note drawn or made out of
2[Pakistan] shall, b efore he presents the same for acceptance or payment, or endorses, transfers or
otherwise negotiates the same in 2[Pakistan], affix thereto the proper stamp and cancel the same:

1 Subs. by A.O., 1964, Art. 2 and Sch., for “Collecting Government” which had been subs. by A.O., 1937, for “G. G. in C.”.
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( Ordinance No. XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
3 The word “cheque” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s.5.
4 Ins., ibid.

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Provided that,—
(a) if, at the time any such bill of exc hange, 1[*] or not comes into the hands of any
holder thereof in 2[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 oth erwise than by the person and at the time
required by this Act, such stamp shall far as relates to such holder, be deemed to have
been duly affixed and cancelled.

(b) nothing contained in this proviso shall reli eve any person from any penalty in curred
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 expres sed in any currency other than that
of 2[Pakistan], such duty shall be calculated on the value of such money in the currency of
2[Pakistan] according to the current rate of exchange on the day of the date of the instrument.

3[* * * * * * *]
21. Stock and marketab le 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 caluc1ated 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 rat e of exchange or average price. —Where an instrumen t
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.

4[23A. 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 marke table security by way
of security for money advanced or to be advanced by way of loan, or for an
existing or future debt, or

1 The word “cheque” rep. by the Indian Finance Act, 1927 (Act No. V of 1927), s.5.
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
3 Sub. Section 2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981) s. 5 and Sch. IV (Only to
the extent of Islamabad Capital Territory).
4 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 3.

Page 15 of 62

(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
l[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 futur e payment, etc., to be
charged.— Where any property is transferred to any person in con sideration, wholly or in p art, 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 incumbrance upon the property or not,
such debt, money or stock is to be deemed the whole or part, as the case may be, of t he 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 incumbrance,
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 subj ect 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 an 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. Val uation 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;

1 Subs. by the Indian Stamp (Amdt.) Act, 1912 (Act No. I of 1912), s. 3, for “Article No.5 (b)”.

Page 16 of 62

(b) where the sum is payable in perpetuity or for an in definite 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 indefinit e time termi nable with any life in
being at the date of such instru ment 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 s ubject-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, a scertained 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:
1[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 2[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 pa yable by way of royalty or share
to 3[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 und er 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 cir cumstances 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.
4[27A Valuation of immovable property. —(1) Where any instrument chargeable with ad
valorem duty under Articles 23,31 or 33 of Schedule-I relates to an immovable property, the value of
the immovable property shall be calculated according to the valuation table notified by the district
collector in respect of immovable property situated in the locality.
(2) Where an instrument, mentioned in sub -section (1), relates to immovable property
consisting of land and structure , it shall state the value of the land and structure separately and the
value of the structure stated in the instrument shall, subject to the provisions of this Act, be accepted.

1 Subs. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 4, for the original proviso.
2 The original words “the Secretary of State in Council” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the
23rd March, 1956), to read as above.
3 The original words “the said Secretary of State in Council” were first subs. by A.O., 1937 and then amended by A.O.,1961, Art. 2 (with effect from
23rd March, 1956), to read as above.
4Ins. by Finance Act, 2019 (Act No. V of 2019), s.2, (as is in force in the Islamabad Capital Territory).

Page 17 of 62

(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 deputy commissioner or commissioner
(revenue) or any other person notified by the Government for this purpose 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 pur chaser in
separate parts by different instruments, the consideration shall be apportioned in such manner as the
parties think fit, pro vided that a distinct consideration for each separate part is set -forth in the
conveyance relating thereto, and such conveyance sha ll 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, ha ving contracted for the purchas e 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 chargea ble with
ad valorem duty in re spect 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 chargeab le 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 resp ect only of the excess of the
original consideration over the aggregate of the considerations paid by the sub-purchasers:

Provided that the duty on such last -mentioned conveyance shall in no case be less than one
rupee.

(5) Where a sub -purchaser takes an actual conveyance of the interest of the person
immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration
paid by him and is duly stamped accordingly, any conveyance to be afterw ards made to him of the
same property by the original seller shall be chargeable with a duty equal to that which would be
chargeable on a conveyance for the consideration obtained by such original seller, or, where such
duty would exceed five rupees, with a duty of five rupees.
E.-Duty by whom payable
29. Duties by whom payable. — In the absence of an agreement to the contrary, th e expense
of providing the proper stamp shall be borne,—

Page 18 of 62

(a) in the case of any instrument described in any of the following Ar ticles of
Schedule I, namely :—
No.2. (Administration Bond),
l[No. 6. (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]
No. 13. (Bill of Exchange),
No. 15. (Bond),
No. 16. (Bottomry Bond),
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 or 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:
2[(b) in the cas e of a policy of insurance other than fire insurance-by the person
effecting the insurance;
(bb) in the case of a policy 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: in the case of a lease or agreement to lease-by the
lessee or intended lessee:
(d) in the case of a counterpart of a lease-by the lessor:
(e) in the case of an instrument of exchange __by the parties in equal shares:
(f) in the case of a certificate of sale __by the purchaser of the property to which
such certificate relates: and,

1 Subs. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 5, for “No.6. (Agreement to mortgage)”.
2 Subs. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the original cl. (b).

Page 19 of 62

(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 b y a Revenue authority or Civil Court
or arbitrator, in such proportion as such authority, Court or arbitrator directs.

30. Obligation to give receipt in certain cases. — Any person receiving any money
exceeding twenty rupees in amount, or any bill of ex change, cheque or promissory note for an
amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any
moveable 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.

1[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 fo r such
premium or consideration, give a duly stamped receipt for the same:]

CHAPTER III
ADJUDICATION AS TO STAMPS

31. Adjudication as to proper stamp. —(1) When any instrument, whether executed or not
and whether previously stamped or not, is brought to the Collector, and the person bringing it applies
to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of
such amount (not exceeding five rupees and not less than eight annas) as the Collector m ay in each
case direct, the Collector shall determine the duty (if any) with which, in his judgement, the
instrument is chargeable.

(2) For this purpose the Collector may require to be fur nished 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 chargeabi lity 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 proceed ing, 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

1 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the original cl. (b).

Page 20 of 62

(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,1

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 2[Pakistan] and brought to him
after the expiration o f one month from the date of its execution or first
execution, as the case may be ;
(b) any instrument executed or first executed out of 2[Pakistan] and brought to
him after the expiration of three months after it has been first received in
2[Pakistan] ; or
(c) any instrument chargeable with the duty of one anna 3[or half an anna] or any
bill of exchange or promissory note, when brought to him, after the drawing or
execution thereof, on paper not duly stamped.
4[32A. Certificate of designat ed 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 inst rument, 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 inst rument 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 2[Pakistan] when such instrument was executed or
first executed:

1 For refund of this duty in the case of certain instruments, see the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), s. 3(4).
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
3 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.
4Ins. by the Finance Act,2021(Act No. VIII of 2021), s. 2.

Page 21 of 62

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 ex amining and impounding
any instrument under this s ection 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) 1[the Provincial Government] may determine 2 what offices shall be deemed to
be public offices; and

(b) 3[the Pr ovincial Government] may determ ine 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 of one anna is tendered to or produced before any officer unstampe d 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 in admissible is 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—

4(a) any such instrument not being an instrument charge able with a duty of one
anna 5[or half an anna ] 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 charge able, or, in the case of an instrument
insufficiently stamped, of the amount required to make up such duty, together
with a penalty of five rupees, or, when ten times the amount of the proper duty
or deficient portion thereof exceeds five rupees, of a sum equal to ten times
such duty or portion;
(b) where any person from whom a stamped receipt could have been demanded,
has given an unstamped receipt and such receipt, if stamped, wou ld be ad -
missible in evidence against him, then such receipt shall be admitted in
evidence against him on payment of a penalty of one rupee by the person
tendering it ;

1 The original words “the G. G. in C”. were first subs. by A.O., 1937 and then amended by A.O., 1964, Art. 2 and Sch., to read as above.
2 For the purposes of this section, the office of a returning officer ap pointed for the purposes of an election to legislative body constituted under the
Government of India Act is not a public office, see Gazette of India, 1920, Pt. I, p. 2136.
3 The original words “the L. G.” were first subs. by A.O., 1937 and then amended by A.O., 1964, Art. 2 and Sch., to read as above.
4 For modifications of this provision in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see
s, 3 of that Act.
5 Ins. by the Indian Stamp (Amdt.) Act. 1906 (Act No. V of 1906), s. 3.

Page 22 of 62

(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 p revent 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 l[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 instr ument 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 bee n
duly stamped.
37. Admission of i mproperly stamped instruments. —2[The Provincial Government] may
make rules providing that, where an instrument bears a stamp of sufficient amount but of improper
description, it may, on payment of the duty with which the same is chargeable, be certified to be duly
stamped, and any instrument so certified shall then 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 sec tion 37, he shall send to the Coll ector an au thenticated 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, 3[* * *] refund any portion of the penalty in excess of five rupees which has been paid in
respect of such instrument.

(2) When such instrument has been impounded only be cause it has been written in
contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.

1 The original words “the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 1956), to
read as above.
2 The original words “the G. G. in C.” were first subs. by A.O.,1937, and then amended by A.O., 1964, Art. 2 and Sch., to read as above.
3 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”
rep. by the Decentralization Act, 1914 (Act No IV of 1914), s., 2 and Sch., Pt. I.

Page 23 of 62

140. Collector’s power to stamp instruments impounded. —(1) When the Collector
impounds any instrument under section 33, or receives any instrum ent sent to him under section 38,
sub-section (2), not being an instrument chargeable with a duty of one anna 2[or half an anna] 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 stamp ed, or is not chargeable
with duty, he shall certify by endorsement thereo n 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 re -
quired to make up the same, together with a penalty of five rupees; or, if he
thinks fit, 3[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 thi nks fit, remit the whole penalty
prescribed by this section.

(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be
conclusive evidence of the matters stated therein.

(3) Where an instrument has been sent to t he 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 im pounding
officer.

4[41. Instruments unduly stamped by accident. — If any instrument chargeable with duty
and not duly stamped, not being an instrument char geable with a duty of one anna 5[or half an anna ]
only or a bill of exchange or promis sory 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 sa tisfied that the omission to duly stamp such instrument has been occasioned by
accident, mistake or urgent necessity, he may, instead of pro ceeding under sections 33 and 40,
receive such amount and proceed as next hereinafter prescribed.

42. Endorsement of instruments on which duty has been p aid 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, s ection 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.

1 For modifications of these provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies,
see s. 3 of that Act.
2 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 3.
3 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904), s. 6.
4 For modifications of these provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies,
see s. 3 of that Act.
5 1ns. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 3.

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(2) Every instrument so en dorsed shall thereupon be ad missible in evidence, and may be
registered and acted upon and authenticated as if it had been duly stamped, and shall be deliver ed on
his application in this beh alf 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 1[provisions of rule 9 of Order XIII of
the First Schedule to the Code of Civil Procedure. 1908 (Act V of 1908)].
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 i n 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 pro visions 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 p roper stamp for such instru ment, 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 C ourt thinks fit, be included in any order as to costs in any suit
or proceeding to which such per sons are parties and in which such instrument has been tendered in
evidence. If the Court does not include the amount in such order, no further proceedings f or the
recovery of the amount shall be maintainable.

45. Power to Revenue authority to refund penalty or excess duty in certain cases .—(1)
Where any penalty is paid under section 35 or section 40, the 2[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 2[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.

1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. Sch. IV (Only to the extent of
Islamabad Capital Territory;, for “Code of Civil Procedure, section 144, clause 3”.
2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue-
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).

Page 25 of 62

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 s ent, the person from whose possession it came
into the hands of the person im pounding the same, may r equire a copy thereof to be mad e at the
expense of such first-mentioned person and authenticated by the person impounding such instrument.

47. Power of payer to stamp bills and promissory n otes received by him unstamped. —
When any bill of exchange 1[or promissory note] chargeable with the duty of one anna is presented
for payment unstamped, the p erson to whom it is so present ed may affix thereto the necessary
adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum
payable upon such bil l 2[ or note ], and may charge the duty against the person who ought to have
paid the same, or deduct it f rom the sum payable as aforesaid, and such bill 2[or note] shall, so far as
respects the duty, be deemed good and valid:

Provided that nothing herein contained sha ll relieve an y person from any penalty or
proceeding to which he may be liable in relation to such bill 2[or note].

48. Recovery of duties and penalties. — All duties, penalties and other sums required to be
paid under thi s Chapter may be recovered by the Collector by distress and sale of the moveab le
property of the person from whom the same are due, or by any other process for the time being in
force for the recovery of arrears of land-revenue.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES

49. Allowances for spoiled stamps. — Subject to such ru les as may be made by 3[ the Pro -
vincial 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 satisf ied as to the facts,
make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely :—

(a) the stamp on any paper inadvertently and undesigned ly 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:

1 Subs. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, for “promissory note or cheque”.
2 Subs. ibid., for “note or cheque”.
3 The original words “G. G. in C” have successively been amended by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Pt. I, A.O.,
1937 and A.O., 1964, Art. 2 and Sch., to read as above.
4 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.
5 The word “cheques” rep., ibid.

Page 26 of 62

(1) the stamp on 1[any such bill of exchange ] 2[* *] 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 sig nature intended as or for the acceptance of any bill of
exchange 2[* *] 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 1[any such bill of exchange] 3[*] or
promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or
error has been spoiled or re ndered useless, although the s ame, being a bill of exchange 4* *, may
have been presented for acceptance or accepted or endors ed, or, being a promissory note, may have
been delivered to the payee: provided that another completed and duly stamped bill of exchange 5* or
promissory note is produced identical in every particular, except in the correction of such omission
or error as aforesaid, with the spoiled bill 5[*] 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 s ome 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 in -
tended 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 transac tion 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 in advertently and undesignedly spoiled, and in lieu whereof another instrument made
between the same parties and for the same purpose is executed and duly stamped:

1 Subs. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, for “any bill of exchange”.
2 The words “or cheque” rep., ibid.
3 The word “cheque” rep., ibid.
4 The words “or cheque” rep., ibid.
5 The word “cheque” rep., ibid.

Page 27 of 62

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 sec tion 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 un der 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 on which no instru ment 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 instru ment 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
l[Pakistan], the application may be made within six months after it has been
received back in 1[ Pakistan] :

(b) when, from unavoidable circumstances, any instru ment for which another
instrument has been substi tuted cannot be given up to be cancelled wi thin 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 l onger required by Corporations. — The 2[ Chief
Revenue Authority] 3[ or the Col lector if empowered by the 2[ Chief Revenue Authority] in this behalf ]
may, without limit of time, make allowance for stamped papers used for printed forms of instruments
4[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 5[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

1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( Ordinance No. XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October,
1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.
2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue-
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).
3 Ins. by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Part I.
4 Ins. by the Indian Stamp (Amendment) Act, 1906 (Act No. V of 1906), s. 6.
5 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 6.

Page 28 of 62

(b) when any stamp used for an instrument has been in advertently 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 wit hin 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 des cription to the same
amount in value; or,
(c) at his discretion, the same value in money, deducting one anna for each rupee
or fraction of a rupee.
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 su ch person the value of such stamp or
stamps in money, deducting one anna for each rupee or portion of a rupee, upon such person
delivering up the same to be cancelled, and proving to the Collector’s satisfaction–
(a) that such stamp or stamps were purcha sed 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, wher e 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 sa me terms, the Collector shall, upon application
made within one month, repay to the person issuing s uch debenture, the value of the stamp on the
original or 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 1[Provincial Government] may direct.

1 Subs. by A.O., 1937, for “G.G. in C.”.

Page 29 of 62

Explanation.—A debenture shall be deemed to be renewed in the same terms within the
meaning of this section notwithstanding 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 1[and under clause (a) of the first proviso
to section 26] shall in all cases be subject to the control of the 2[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 2[Chief Revenue Authority ].

(3) Such authority shall consider the case and send a copy of its decision t o the Collector,
who shall proceed to assess and charge the duty (if any) in conformity with such decision.

57. Statement of case by Chief R evenue Authority to High Court. — 3[(1) The Chief
Revenue Authority may state many case re ferred to it under section 56, sub-section (2), or otherwise
coming to its notice and refer such case, with its own opinion thereon, to the High Court].

(2) Every such case shall be decided by not less than three Judges of the High Court 4[* * *]
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 4[* * *] is not satisfied that the statements contained in the ca se 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.

1 Ins. by the Indian Stamp (Amdt.) Act, 1904 (Act No. XV of 1904), s. 7.
2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue-
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).
3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. IV (Only to the extent of
Islamabad Capital Territory, for sub-section (1).
4 The word “or Chief Court”, as amended by A.O., 1937. A.O., 1949 and Act 26 of 1951, have been omitted by Ord. XXI of 1960, s. 3 and 2nd Sch.,
(with effect from the 14th October, 1955).

Page 30 of 62

59. Procedure in disposing of case stated. —(1) The High Court 1[* * * ], 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 -autho-
rity 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 1[* * *] to which, if he were the
2[Chief Revenue Authority], he would, under section 57, refer the same.

(2) Such Court shall deal with the case as if it had been re ferred under section 57, and send a
copy of its judgment under the seal of the Court and the signature of the Registrar to the 2[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 Court s regarding the sufficiency of stamps. —(1)
When any Court in the exercise of its civil or re venue jurisdiction or any Criminal Court in any
proceeding 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 instru ment 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 any thing contained in the order admitting
such instrument in evid ence, or in any certificate granted under section 42, or in section 43,
prosecute any person for any o ffence against the Stamp -law, which the Collector considers him to
have committed in respect of such instrument:

1 The word “or Chief Court”, as amended by A.O., 1937. A.O., 1949 and Act XXVI of 1951, have been omitted by Ord. XXI of 1960, s. 3 and 2nd
Sch., (with effect from the 14th October, 1955).
2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 ( Act No. X of 1897), s. 3 (9a) . In the N.W .F.P., the reference to the Chief Controlling Revenue -
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).

Page 31 of 62

Provided that–

(a) no such prosecution shall be instituted where the amount (including duty and
penalty) which, accord ing 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 admit ting any instrument in
evidence, or of any certificate granted under section 42.
____

CHAPTER VII

CRIMINAL OFFENCES AND PROCEDURE

162. 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
2[payable otherwise than on demand] 3* or promissory note without the same
being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument
chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped; shall for
every such offence be punishable with fine which may extend to five
hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35,
section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any)
subsequently imposed under this section in respect of the same instrument upon the person who paid
such penalty.

(2) If a share -warrant is issued without being duly stamped, th e 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 five
hundred rupees.

63. Penalty for failure to cancel adhesive stamp. — Any person required by section 12 to
cancel an ad hesive stamp, and failing to cancel such stamp in manner pres cribed by that section,
shall be punishable with fine which may extend to one hundred rupees.

1For modification of provisions in respect of instruments to which the Stamp (Specified Instruments) Act, 1924 (Act No. XIII of 1924), applies, see s. 3
of that Act.
2 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.
3 The word “cheque” rep. ibid.

Page 32 of 62

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 pre paration of any instrument,
neglects or omits fully and truly to set forth therein all such facts and cir -
cumstances ; or

shall be punishable with fine which may extend to five thousand rupees.

65. Penalty for refusal to give receipt, and for devices to evade duty on re ceipts.— 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, give 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 one 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 consi deration 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 two hundred rupees.
67. Penalty for not drawing full number of bills or marine polices purporting to be in
sets.— Any person drawing or executing a bill of exchange l[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 one thousand rupees.

1 Ins. by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5.

Page 33 of 62

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 pro missory note bearing a date subsequent to that on whic h
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, practic es or is concerned in any act, contrivance or device
not specially provided for by this Act or any other law for the time being in
force ;

shall be punishable with fine which may extend to one thousand rupees.

69. Penalty for breach of rule relating to sale of stamps and for unauthorised
sale.—(a) Any person appointed to sell stamps who disobeys any rule made under section 74 ; and
(b) any person not so appointed who sells or offers for sale any stamp (other than
a one-anna 1[or half an anna] adhesive stamp) ;
shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to five hundred rupees, or with both.
70. Institution and conduct of prosecutions.___ (1) No prosecution in respect of any offence
punishable under this Act 2[ * * *] shall be instituted without the sanction of the Collector or such
other officer as 3[the 4[Provincial Government]] generally, or the Collector spe cially, authorises in
that behalf.

(2) The 5[Chief Revenue Authority], or any officer generally or specially authorized by it in
this behalf, may stay any such prosecution or compound any such offence.

(3) The amount of any such composition shall be recoverable in the manner provided by
section 48.
71. Jurisdiction of Magistrate s.— No Magistrate other than 6[* * * ] a Magistrate whose
powers are not less than those of a Magistrate of the second class, shall try any offence under this
Act.
72. Place of trial.— Every such offence committed in respect of any instru ment may be tried
in any district 7[* * *] in which such instru ment is found as well as in any district 7[* * *] in which
such offence might be tried under the Code of Criminal Procedure for the time being in force.

1 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 3.
2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. IV (Only to the extent of
Islamabad Capital Territory).
3 Subs. by A.O., 1937, for “the L. G.”.
4 Subs. by A.O., 1964, Art. 2 and Sch., for “collecting Government”.
5 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 ( Act No. X of 1897), s. 3 (9a) . In the N.W .F.P., the reference to the Chief Controlling Revenue -
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).
6 The words “a Presidency Magistrate or” omitted by A.O., 1949, Sch.
7 The words “or presidency-town” rep. by the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951), s. 3 and II. Sch.

Page 34 of 62

CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection. — Every public officer ha ving 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 re asonable 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 l[Provincial Government] 2[* *
*] may make 3rules for regulating—
(a) the supply and sale of stamps and stamped papers,
(b) the persons by whom alone such sale is to be conducted, and
(c) the duties and remuneration of such persons:
Provided that such rules shall not restrict the sale of one anna 4[or half an anna ] adhesive
stamps.
75. Power to make ru les generally to carry out Act. — The 5[Provincial Government] may
make rules6 to carry out generally the purposes of this Act, and may by such rules prescribe the fines,
which shall in no case exceed five hundred rupees, to be incurred on breach thereof.
76. Publication of rules. —7[(1) All rules made under this Act shall be publis hed in the
official Gazette.]

(2) All rules published as required by this section shall, upon such publication, have effect as
if enacted by this Act.

8[76A. Delegation of certain powers. — 9[The 10[Federal Government] ] 11[* * * ] and the
Provincial Government, may by 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 12[Chief Revenue Authority] ; and

(b) all or any of the powers conferred on the 12[Chief Revenue Authority] by
sections 45 (1) (2), 56 (I) and 70 (2) to such subordinate Revenue -authority as
may be specified in the notification.]

1 Subs. by A.O., 1964, Art. 2 and Sch., for “collecting Government” which had been subs. by A.O., 1937, for “L. G.”
2 The words “subject to the control of the G.G. in C;” rep. by A. O. 1937.
3 For such rules, see different local Rules and Orders.
4 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906)., s. 3.
5 Subs. by A.O., 1964, Art. 2 and Sch., for “collecting Government” which had been subs. by A.O., 1937, for “G. G. in C.”.
6 See the Indian Stamp Rules, 1925.
For the Punjab Non-Judicial Stamps Refund, Renewal and Disposal Rules, 1954, see Gaz. of Punjab, 1954, Pt. I, p. 970.
7 Subs. by A.O., 1937, for the original sub-section.
8 S. 76A ins. by the Decentralization Act, 1914 (Act No. IV of 1914), s. 2 and Sch., Pt. I.
9 Subs. by A.O., 1937, for “The L. G. may, by notification in the local official Gazette”.
10 Subs. by F.A.O., 1975, Art, 2 and Table, for “Central Government”.
11 The words and figures “subject to the provisions of section 124 (1) of the Government of India Act, 1935,” omitted by A.O., 1 961, Art. 2 and Sch.
(with effect from the 23rd March. 1956).
12 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956).
For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue-
authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1)
(d).

Page 35 of 62

77. Saving as to court -fees.— Nothing in this A ct contained shall be deemed to affect the
duties chargeable under any enactment for the time being in force relating to court-fees.
78. Act to be translated and old cheaply. — Every l[Provincial Government] shall make
provision for the sale of translation of this Act in the principal vernacular languages of the territories
administered by it at a price not exceeding four annas per copy.

79. [Repealed] Rep. by the Repealing and Amending Act, 1914 (X of 1914), s. 3 and Sch. II.

_______

1 Subs. by A.O..1937, for “L. G.”.

Page 36 of 62

1[SCHEDULE 1
STAMP-DUTY ON INSTRUMENTS
[See sections 3 and 27A]
Description of instruments
(1)
1. ACKNOWLEDGMENT of a debt
exceeding twenty rupees in amount, or value,
written or signed by, or on behalf of, a debtor in
order to supply evidence of such debt in any book
other than a banker’s pass -book or on a separate
piece of paper when such book or paper is left in
the creditor’s possession provided that such
acknowledgement does not contain any promise to
pay the debt or any stipulation to pay interest or to
deliver any goods or other property:—
(a) where such amount does not exceed
two thousand rupees;
(b) where such amount exceeds two
thousand rupees but does not exceed
ten thousand rupees; and
(c) where such amount exceeds ten
thousand rupees.
2. ADMINISTRATION BOND, including
a bond given under sections 291, 375 and 376 of
the Succession Act, 1925 (XXXIX of 1925),
section 6 of the Government Savings Banks Act,
1873 (V of 1873)—
(a) where the amount does not exceed
Rs. 1,000;

(b) in any other case
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).
4. AFFIDAVIT, including an affirmation or
declaration in the case of persons by law allowed
to affirm or declare instead of swearing, exce pt
affidavit or declaration in writing when made—

Proper stamp-duty
(2)

One Rupee
Two Rupees

Five Rupees

The same duty as on a
Bond (No. 15) for such
amount.
One hundred Rupees
One hundred Rupees

Fifty Rupees

1Subs. by the Finance Act, 2019 (Act No. V of 2019), s.2, (as is in force in the Islamabad Capital Territory).

Page 37 of 62

EXEMPTIONS:— Affidavit or declaration in
writing when made—
(a) as a condition of enrolment under the
Pakistan Army Act, 1952 (XXXIX
of 1952), or the Pakistan Air Force
Act, 1953 (VI of 1953) or the
Pakistan Navy Ordinance, 1961
(XXXV of 1961);
(b) for the immediate purpose of being
filed or used in any Court or before
the officer of any Court; or
(c) for the sole purpose of enabling any
person to receive any pension or
charitable allowance.
5. AGREEMENT OR MEMORANDUM
OF AN AGREEMENT—
(a) if relating to the sale of a bill of
exchange;
(b) if relating to the sale of Government
security;

(d) If not otherwise provided for.
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
Federal Government for or relating
to any loan.
AGREEMENT TO LEASE See LEASE
(No.35).
6. AGREEMENT RELATING TO
DEPOSIT OF TITLE -DEEDS, PAWN OR
PLEDGE, that is to say, any instrument
evidencing an agreement relating to—
Two Rupees.

One Rupee for every Rs.
10,000 or part thereof of
the value of the security,
subject to a maximum of
One Hundred Rupees.
One Rupee for every
rupees 5,000 or part
thereof of the value of
the share.
Fifty Rupees

Page 38 of 62

(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 thre e
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
(ii) in any other case

(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
(ii) in any other case

7. APPOINTMENT IN EXECUTION OF
A POWER where made by any writing not being
a will—
(a) of trustees; and
(b) of property, movable or immovable
8. APPRAISEMENT OR VALUATION
made otherwise than under an order of the Court in
the course of a suit—

One-fifth of one percent
that is to say, 0.2% of the
loan amount subject to a
maximum of one
hundred rupees.
One-fifth of one percent
that is to say, 0.2% of the
loan amount; and

One-tenth of one percent
that is to say 0.1% of the
loan subject to a
maximum of fifty
thousand rupees.
One-tenth of one percent
that is to say 0.1% of the
loan amount.

Fifty Rupees.
One hundred Rupees.

Page 39 of 62

(a) where the amount does not exceed
Rs. 1,000; and

(b) in any other case
EXEMPTIONS:—
(a) Appraisement or valuation made for
the information of one party only,
and not being in any manner
obligatory between parties either by
agreement or operation of law; and
(b) Appraisement, of crop for the
purpose of ascertaining the amount
to be given to a landlord as rent.
9. APPRENTICESHIP -DEED, including
every writing relating to the service or tuition of
any apprentice clerk or servant, placed with any
master to learn any profession, trade or
employment not being ARTICLES OF
CLERKSHIP (No. 11).
EXEMPTIONS: — Instrument of apprenticeship
executed by a Magistrate under the Apprenticeship
Ordinance, 1962 (LVI of 1962), or by which a
person is apprenticed by or at the charge of any
public charity.
10. ARTICLES OF ASSOCIATION OF A
COMPANY—
(a) Where the company has no share
capital or the nominal share capital
does not exceed Rs. 2,500.
(b) where the nominal share capital
exceeds Rs. 2,500 but does not
exceed Rs. 1,00,000;
(c) where the nominal share capital
exceeds Rs. 1,00,000 but does not
exceed Rs. 10,00,000; and
(d) Where the nominal share capital
exceeds Rs. 10,00,000.
EXEMPTIONS:—Articles of any Association and
not formed for profit and registered under section
42 of the Companies Act, 2017 (XIX of 2017).
See also
MEMORANDUM OF ASSOCIATION OF A
COMPANY (No.39).
11. ARTICLES OF CLERKSHIP OR
contract whereby any person first becomes bound
to serve as a clerk in order to his admission as an
attorney in any High Court.

The same duty as on a
Bond (No. 15) for such
amount.
One Hundred rupees.

One Hundred rupees.

Fifty rupees.

One hundred rupees.

Two hundred rupees.

Five hundred rupees.

One Thousand rupees.

Page 40 of 62

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)
11A AIR TICKETS issued by a ny Airline —
(a) for domestic flights;
(b) for international flights
11B AUTHENTICATED DECLARATIONS
that is to say declaration of newspaper, periodicals
or printing presses authenticated by legally
competent Authority.
Explanation I. The duty shall be paid by a
declarant.
Explanation II. Declaration shall not be
authenticated unless the duty is paid.
12. AWARD, that is to say, any decision in
writing by an arbitrator or umpire, not being an
award directing a partition, on a reference made
otherwise than by an order of the Court in the
course of a suit.
13. BILL OF EXCHANGE as defined by
section 2 (2) not being BOND, bank note or
currency note—
(a) where payable otherwise than on
demand but not more than one year
after date or sight—
(i) if drawn singly; and

(ii) if drawn in set of two or more,
for each part of the set; and

(b) where payable more than one year
after date or sight.
(i) If drawn singly;

(ii) If drawn in set of two for each
part of the set; and
Twenty five rupees per
ticket.
Two hundred and fifty
rupees per ticket.
Five thousand rupees per
declaration

Three percent of the
amount or value of the
property to which the
award relates as set forth
in such award.

Two rupees for every one
thousand rupees or part
thereof of the amount of
the Bill
One rupees for every one
thousand rupees or part
thereof of the amount of
the Bill.

Three rupees for every
one thousand rupees or
part thereof the amount
of Bill.
Two rupees for every one
thousand rupees or part
thereof the amount of
Bill.

Page 41 of 62

(iii) If drawn in set of three for each
part of the set;

14. BILL OF LADING (including a through
bill of lading). Note—If a bill of lading is drawn in
parts, the proper stamps therefore must be borne
by each one of the sets.
EXEMPTIONS:—
(a) Bill of the lading when the goods
therein described are received at a
place within the limits of any port as
defined under the Ports Act, 1908
(XV of 1908), and are to be
delivered at another place within the
limits of the same port; and
(b) Bill of lading when executed out of
Pakistan and relating to property to
be delivered in Pakistan.
15. BOND as defined by section 2 (5) not
being a DEBENTURE (No.27) and not being
otherwise provided for by this Act, or by the Court
Fees Act, 1870 (VII of 1870)—
(a) where the amount or value secured
does not exceed five thousand
rupees; and
(b) where it exceeds five thousand
rupees for every additional amount
of five hundred rupees or part
thereof.
See ADMINISTRATION BOND (No.2),
BOTTOMRY BOND (No.16), CUSTOMS
BOND (No.26).
INDEMNITY BOND (No.34),
RESPONDENTIA BOND (No.56) SECURITY
BOND (No.57).
EXEMPTIONS:—Bond when executed by any
person for the purpose of guaranteeing that the
local income derived from private subscription to a
Charitable dispensary or hospital or any other
object of public utility shall not be less than a
specified sum per mensum.
16. BOTTOMRY BOND , that is to say, any
instrument where by the master of a seagoing ship
borrows money on the security of the ship to
enable him to preserve the ship or prosecute her
voyage.

One rupees for every one
thousand rupees or part
thereof the amount of
Bill.
Ten rupee.

Fifteen Rupees

The same duty as on a
Bond (No.15) for the
same amount.
17. CANCELLATION, instrument of (including
any instrument by which any instrument
previously executed is cancelled), if attested and not
otherwise provided for.
See also RELEASE (No.55), REVOCATION
OF SETTLEMENT (No.58-B), SURRENDER OF

Five hundred Rupees.

Page 42 of 62

LEASE (No.61), REVOCATION OF
TRUST (No.64-B).
18. CERTIFICATE OF SALE (in respect of
each property put up as a separate lot and sold)
granted to the purchaser of any property sold by
public auction by a Civil or Revenue Court, or
Collector or other Revenue Officer—
19. CERTIFICATE OR OTHER
DOCUMENT evidencing the right or title of the
holder thereof or any other person, either to any
shares, scrip or stock in or of any incorporated
company or other body corporate, or to become
proprietor of shares, scrip or stock in or of any
such company or body.
See also LETTER OF ALLOTMENT OF
SHARES (No.36).
20. CHARTER PARTY , that is to say, any
instrument (except an agreement for the hire of a
tug-steamer) whereby a vessel or some specified
principal part thereof is let for the specified
purposes of the charterer, whether it includes a
penalty clause or not.
21. ***************************
22. COMPOSITION-DEED, that is to say,
any instrument executed by a debtor whereby he
conveys his property for the benefit of his
creditors, or 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.
1[23. On conveyance as defined under clause (10)
of section 2 not being a transfer charged or
exempted under Article 62, the stamp duty shall be
levied at one percent of the value of the immovable
property.]
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—

Four percent of the
consideration equal to
the amount of the
purchase money.

Fifty rupees.

One Hundred rupees.

_______________________________________________________________________________________________________________________________________________________________________________
1Subs. by the Finance Act, 2025 (Act No. XIX of 2025), it extent to the Islamabad Capital Territory, s.2.

Page 43 of 62

(a) the original was not chargeable with
duty or if the duty with which it was
chargeable does not exceed four
rupees; and
(b) in any other case
EXEMPTION:—
(a) Copy of any paper which a public
officer is expressly required by law
to make or furnish for record in any
public office or for any public
purpose;
(b) Copy of, or extract from, any register
relating to births, baptisms, aming,
dedications, marriages (divorces),
deaths or burials.
25. COUNTERPART OR DUPLICATE of
any instrument chargeable with duty and in respect
of which the proper duty has been paid—
(a) if the duty with which the original
instrument is chargeable does not
exceed four rupees;
(b) in any other case
EXEMPTION: —
Counterpart of any lease granted to cultivator
when such lease is exempted from duty.
26. CUSTOMS BOND—
(a) where the amount does not exceed
Rs. 1,000; and
(b) in any other case
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 or Participant Term
Certificate, or Term Finance Certificate or any
other instrument of redeemable capital being a
marketable security transferable or by endorsement
or by separate instrument of transfer or by
delivery.
Explanation—The term “Debenture” includes any
interest coupons attached thereto, but the amount of
such coupons shall not be included in
estimating the duty.
Five rupees.

Ten rupees.

The same duty as is
leviable on the original.
Ten rupees.

The same duty as on a
Bond (No.15) for such
amount.
One Hundred rupees.
One-twentieth of one
percent that is to say
0.05% of the face value

Subject to a maximum of
one million rupees

Page 44 of 62

EXEMPTION: —
A debenture issued by an incorporated company or
other body corporate in terms of a registered
mortgage-deed, duly stamped in respect of the full
amount of debentures to be issued thereunder,
whereby the company or body borrowing makes
over, in whole or in part, their property to trustees
for the benefit of the debenture, holders, provided
that the debentures so issued are expressed to be
issued in terms of the said mortgage-deed.
See also BOND (No.15), and SECTIONS 8 and
55.
DECLARATION OF ANY TRUST See TRUST
(No.64).
27A DECREE, RULE OF A COURT
OR AN ORDER OF A COURT based on
mutual consent of parties in cases involving
transfer on an immovable property including
sale, exchange, gift or mortage, declaring or
conferring a right in or title to an immovable
property.
Explanation:— Value in this Article, means
value of 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
Collector.
28. DELIVERY-ORDER IN RESPECT OF
GOODS, that is to say, any instrument entitling
any person therein named, or his assigns or the
holder thereof, to the delivery of any goods lying in
any dock or port, or in any ware -house in which
goods are stored or deposited on rent or hire, or
upon any wharf such instrument being signed by or
on behalf of the owner of such goods upon the sale
or transfer of the property therein when such goods
exceed in value twenty rupees.
DEPOSIT OF TITLE-DEED. See
AGREEMENT relating to DEPOSIT OF
TITLE-DEEDS, PAWN OR PLEDGE (No.6).
DISSOLUTION OF PARTNERSHIP . See
PARTNERSHIP (No.46).
Four percent of the value
of property.

Ten Rupees.

Page 45 of 62

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).
30. ENTRY AS AN ADVOCATE, OR
ATTORNEY ON THE ROLL OF ANY HIGH
COURT—under the Legal Practitioners and Bar
Councils Act, 1973 (XXXV of 1973)—
(a) in the case of an Advocate; and

(b) in the case of an Attorney
31. EXCHANGE OF PROPERTY —
Instrument of—
EXTRACT. See COPY (No.24)

32. FURTHER CHARGE —Instrument of,
that is to say, any instrument imposing a further
charge on mortgaged property—
(a) when the original mortgage is one of
the description referred to in clause
(a) of Article No.40 (that is, with
possession); and

(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; and
One Hundred rupees.

One thousand five
hundred rupees.
Two thousand rupees.
The same duty as is
leviable on a Convey -
ance (No.23) for a
consideration equal to
the value of the property
of greatest value as set
forth in such instrument.

The same duty as on a
Conveyance (No.23) for
a consideration equal to
the amount of the further
charge secured by such
instrument.

The same duty as on a
Conveyance (No.23) for
a consideration equal to
the total amount of the
charge (including the
original mortgage and
any further charge
already made) less the
duty already paid on such
original mortgaged and
further charge.

Page 46 of 62

(ii) If possession is not so given.

33. GIFT—Instrument of, not being
SETTLEMENT(No.58) OR WILL OR
TRANSFER (No.62). HIRING AGREEMENT
or AGREEMENT FOR SERVICE . See
AGREEMENT (No.5).

34. INDEMNITY BOND.
INSPECTORSHIP-DEED—See
COMPOSITION-DEED (No.
22).INSURANCE— See POLICY OF
INSURANCE (No. 47).
35. LEASE, including an under -lease or sub -
lease and any agreement to let or sub-let—
(a) where by such lease the rent is fixed
and no premium is paid or
delivered—
(i) where the lease purports to be
for a term of less than one year;

(ii) where the lease purports to be
for a term of not less than one
year but not more than three
years;
(iii) where the lease purports to be
for a term in excess of three
years, but not more than twenty
years;
(iv) where the lease purports to be
for a term in excess of twenty
years or in perpetuity; and

(v) where the lease does not
purport to be for any definite
term.
The same duty as on a
Bond (No.15) for the
amount of the further
charge secured by such
instrument.
The same duty as is
leviable on a Conveyance
(No.23) for a
consideration equal to the
value of the property as
set-forth in such
instrument.
The same duty as on a
Security Bond (No. 57)
for the same amount.

Two percent of the whole
amount payable or
deliverable under such
lease.
Two percent of the
amount or value of the
average annual rent
reserved.
Two percent of the
consideration equal to
the amount or value of
the average annual rent
reserved.
Two percent of the
consideration equal to
the whole amount of
rents which would be
paid or delivered in
respect of the first ten
years of the lease.
Two percent of the
consideration equal to
the amount or value of

Page 47 of 62

the average annual rent
which would be paid or
delivered for the first ten
years, if the lease
continued so long.
(b) (i) where the lease is granted
for money advanced and where
no rent is reserved;

(ii) where the lease is granted for a
fine or premium and where no
rent is reserved; and

(ii) where the lease is granted
for a fine or premium in addition
to rent reserved
Two percent of the
consideration equal to
the amount of such
advanced as set forth in
the lease.
Two percent of the
consideration equal to
the amount of such fine
or premium as set forth
in the lease.
Two percent of the
consideration equal to
the amount of advance as
set forth in the lease, in
addition to the duty
which would have been
payable on such lease, if
no advance had been
paid or delivered;
provided that, in any case
when an agreement to
lease is stamped with the
ad valorem stamp
required for a lease and a
lease in pursuance of
such agreement is
subsequently executed,
the duty on such lease
shall not exceed four
rupees.
Two percent of the
consideration equal to
the amount of such fine
or premium as set forth
in lease in addition to the
duty which would have
been payable on such
lease if no fine or
premium has been paid
or delivered: Provided

Page 48 of 62

that, in any case when an
agreement to lease is
stamped with an ad
valorem stamped
required for a lease and a
lease in pursuance of
such agreement is
subsequently executed,
the duty on such lease

EXEMPTION:— Lease, executed in the case of a
cultivator and for the purposes of cultivation
(including a lease of trees for the production of
food or drink) without the payment or delivery of
any fine or premium when a definite term is
expressed and such term does not exceed one year,
or when the average annual rent reserved does not
exceed one hundred rupees.
36. LETTER OF ALLOTMENT OF
SHARES in any company or proposed company
or in respect of any loan to be raised by any
company or proposed company.
See also CERTIFICATE OR OTHER
DOCUMENT (No.19).
37. LETTER OF CREDIT , that is to say,
any instrument by which one person authorizes
another to give credit to the person in whose favor
it is drawn.
LETTER OF GUARANTEE , See
AGREEMENT (No.5).
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.
39. MEMORANDUM OF ASSOCIATION
OF A COMPANY—
(a) if accompanied by articles of
association under section 35 of the
Companies Act, 2017 (XIX of 2017);
(b) If not so accompanied.
EXEMPTION:—Memorandum of any association
not formed for profit and registered under
section 42 of the Companies Act, 2017 (XIX of
2017).
shall not exceed one
hundred rupees.

Ten Rupees

Fifty Rupees

One hundred Rupees

Two hundred Rupees.

Page 49 of 62

40. MORTGAGE-DEED not being an
AGREEMENT RELATING TO DEPOSIT OF
TITLE-DEEDS, PAWN OR PLEDGE (No.6),
BOTTOMRY BOND (No.16), MORTGAGE
OF A CROP (No.41),RESPONDENTIA BOND
(No.56), OR SECURITY BOND (No.57)—
(a) when possession of the property or
any part of the property comprised in
such deed is given by the mortgagor
or agreed to be given;
(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.
(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; and for every Rs. 1,000 or
part thereof secured in excess of Rs.
1,000; and
(d) (i) mortgage with banking companies
that is to say simple or le gal
mortgage for banking companies or
other financial institution when the
entire finance is not based on
interest; and
(ii) in any other case

EXEMPTION:—
(1) Instruments, executed by persons
taking advances under the Land
Improvement Loans Act, 1883 (XIX
of 1883), or the Agriculturists Loans
Act, 1884 (XII of 1884) or by their
sureties as security for the repayment
of such advances.
(2) Letter of hypothecation
accompanying a Bill of Exchange.
Three percent of the
consideration equal to
the amount secured by
such deed.
Three percent of the
amount secured by such
deed.

Ten Rupees.

One fifth of one percent
that is to say 0.2% of the
loan amount subject to a
maximum of one
hundred rupees.
One fifth of one percent
that is to say 0.2% of the
loan amount.

Page 50 of 62

41. MORTGAGE OF A CROP , including
any instrument evidencing an agreement to secure
the repayment of a loan made upon any mortgage
of a crop, whether the crop is or is not in existence
at the time of mortgage—
(a) when the loan is repayable not more
than three months from the date of
the instrument, for every two
hundred rupees or part thereof of the
sum secured; and
(b) when the loan is repayable more than
three months, but not more than
eighteen months, from the date of the
instrument, for every one hundred
rupees or part thereof of the sum
secured.
42. NOTARIAL ACT , that is to say, any
instrument, endorsement, note, attestation,
certificate or entry not being a PROTEST (No.50)
made or signed by a Notary Public in the
execution of the duties of his office, or by any
other person lawfully acting as a Notary Public.
See also PROTEST OF BILL OR NOTE
(No.50).
43. NOTE OR MEMORANDUM SENT
BY a broker or agent to his principal intimating
the purchase or sale on account of such
principal—
(a) of any goods exceeding in value
twenty rupees;
(b) of any stock or marketable security
exceeding in value twenty rupees,
not being a Government Security;
and
(c) of a Government security

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).
One Rupee

Two Rupees

Ten Rupees

Five Rupees
Five rupees for every Rs.
5,000 or a part thereof of
the value of the stock or
security.
One rupee for every
10,000 rupees or part
thereof of the value of
the security subject to a
maximum of forty
rupees.
Five rupees.

Page 51 of 62

45. PARTITION—Instrument of [as defined
by section 2(15)].

Explanation—
The largest share
remaining after the
property is partitioned
(or if there are two or
more shares of equal
value and not smaller
than any of the other
shares, than one of such
equal shares) shall be
deemed to be that from
which other shares are
separated:
Provided always
that—
(a) when an instrument
of partition containing an
agreement to divide
property in severalty is
executed and a partition
is effected in pursuance
of such agreement, the
duty chargeable upon the
instrument affecting such
partition shall be reduced
by the amount of duty
paid in respect of the first
instrument but shall not
be less than four rupees;
(b) where land is held
on Revenue Settlement
for a period not
exceeding thirty years
and paying the full
assessment, the value for
purpose of duty shall be
calculated at not more
than five times the
annual revenue;
(c) where a final
order for effecting a
partition passed by any
Revenue authority or any
Civil Court, or an award
by an arbitrator directing

Page 52 of 62

a partition, is stamped
with the stamp required
for an instrument of
partition in pursuance of
such order or award is
subsequently executed
the duty on such
instrument shall not
exceed four Rupees.
46. PARTNERSHIP—
A—INSTRUMENT OF—
(a) where the capital of the
partnership does not exceed Rs.
500.
(b) in any other case
B—DISSOLUTION OF PAWN OR
PLEDGE—See AGREEMENT RELATING
TO DEPOSIT OF TITLE -DEEDS, PAWN OR
PLEDGE (No. 6).
47. POLICY OF INSURANCE—
A—See INSURANCE (see section 7)—
(1) For each voyage—

(i) where the premium of
consideration does not exceed
the rate of 1/8 per cent of the
amount insured by the policy
for every full sum of Rs. 5,000
and also any fractional parts
thereof insured by the policy.
(ii) in any other case, in respect of
every full sum of Rs.2,000 and
also any fractional part thereof
insured by the policy.
(2) For time—
in respect of every full sum of Rs.2,000 or
part thereof insured by the policy—
(i) where the insurance shall be
made for any time not
exceeding six months;
(ii) where the insurance shall be
made for any time exceeding
six months and not exceeding
twelve months.

Two hundred Rupees

One hundred Rupees Half
of the stamp duty
payable on original.

If drawn If drawn
single in
duplicate
for each
part
Three Three
Rupees. Rupees.

Three Three
Rupees. Rupees.

Five Three
Rupees Rupees.

Page 53 of 62

B—FIRE—INSURANCE AND
OTHER CLASSES OF INSURANCE NOT
ELSEWHERE INCLUDED IN THIS ARTICLE,
COVERING GOODS, MERCHANDISE,
PERSONAL EFFECTS, CROPS, AND OTHER
PROPERTY AGAINST LOSS OR DAMAGE—
(1) in respect of an original policy—
(i) when the sum insured does not
exceed Rs. 5,000;
(ii) in any other case and
(2) in respect of each receipt for any
payment of a premium on any
renewal of an original policy.

C—ACCIDENT AND SICKNESS
INSURANCE—
(a) Against railway accident, valid for a
single journey only.
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.

D—INSURANCE BY WAY OF
INDEMNITY—
Against liability to pay damages on account of
accidents to workmen employed by or under or
against liability to pay compensation under
Workmen’s Compensation Act, 1923 (VIII of
1923), for every Rs. 100 or part thereof payable as
premium.
Five
Rupees.
Eight
Rupees.
One-half of the duty
payable in respect of the
original policy in addition
to the amount, if any,
chargeable under No. 53.

Three Rupees

Three Rupees: Provided
that, in case of a policy
of insurance against
death by accident when
the annual premium
payable does not exceed
Rs. 2.50 per Rs. 1,000
the duty on such
instrument shall be one
rupee for every Rs.1,000
or part thereof of the
maximum amount which
may become payable
under it.

Three rupees if drawn
singly.

Page 54 of 62

E—LIFE INSURANCE OR OTHER
INSURANCE NOT SPECIFICALLY
PROVIDED FOR , except such a RE-
INSURANCE as is described in Division of this
article—
(i) for every sum insured not exceeding
Rs.250;
(ii) for every sum insured exceeding
Rs.250 but not exceeding Rs.500;
(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.
EXEMPTIONS:—Policies of life insurance
granted by the Director -General of Post Offices in
accordance with rules for Postal Life Insurance
issued under the authority of the Central
Government.
F—RE-INSURANCE BY AN INSURANCE
COMPANY WHICH H AS GRANTED A
POLICY OF THE NATURE SPECIFIED IN
DIVISION A OR DIVISION B OF THIS
ARTICLE WITH ANOTHER COMPANY BY
WAY OF INDEMNITY OR GUARANTEE
AGAINST THE PAYMENT ON THE
ORIGINAL INSURANCE OF A CERTAIN
PART OF THE SUM INSURED THEREBY.
GENERAL EXEMPTIONS :-Letter of cover or
engagement to issue a policy of insurance:
Provided that, unless such letter or engagement
bears the stamp prescribed by this Act for such
policy nothing shall be claimable thereunder, nor
shall it be available for any purpose except to
compel the delivery of the policy therein
mentioned.
48. POWER-OF-ATTORNEY as defined by
section 2(21) of Stamps Act, 1899 (II of 1899), not
being a proxy (No.52)—
(a) when executed for the sole purpose
of procuring the registration of one
or more documents in relation to a
single transaction or for admitting
execution of one or more such
document;

If drawn If drawn
singly in
duplicate,
for each
part
Three Three
Rupees Rupees
Three Three
Rupees Rupees
Three Three
Rupees Rupees

One-half of the duty
payable in respect of the
original insurance but not
less than three Rupees or
more than eight Rupee.

Five Hundred Rupees

Page 55 of 62

(b) when authorizing one person or more
to act in a single transaction other
than the case mentioned in clause
(a);
(c) when authorizing not more than five
persons to act jointly and severally in
more than one transaction or
generally;
(d) when authorizing more than five but
not more than ten persons to act
jointly and severally in more than
one transaction or generally; and
(e) when given for consideration and
authorizing the attorney to sell any
immovable property.
(f) in any other case
Explanation 1—For the purposes of this Article
more persons than one when belonging to the
same firm shall be deemed to be one person.
Explanation 2—The term “Registration” includes
every operation incidental to registration under the
Registration Act, 1908 (XVI of 1908).
49. PROMISSORY NOTE as defined by
section 2(22) of Stamps Act, 1899 (II of 1899)—
(a) when payable on demand —
(i) when the amount or value does
not exceed Rs. 250.000;
(ii) when the amount or value
exceeds Rs. 250,000 but does
not exceed Rs. 500,000;
(iii) in any other case
(b) When payable otherwise than on
demand, including a commercial
paper.

50. PROTEST OF BILL OR NOTE , that is
to say, any declaration in writing made by a
Notary Public or other person lawfully acting as
such, attesting the dishonor of a Bill of Exchange
for promissory note.
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

One thousand Rupees

Thirty Rupees
Sixty Rupees

One hundred Rupees
One-fiftieth of one
percent that is to say
0.02% per annum of the
amount payable subject
to a maximum of Rs.
100,000
Ten Rupees

Ten Rupees

Page 56 of 62

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 OR PROTEST BY THE
MASTER OF A SHIP (No.44).
52. PROXY empowering any person to vote Five Rupees
at any one election of the members of a district or
local board or of a body of municipal
commissioners, or at any one meeting of (a)
members of an incorporated company or other
body corporate whose stock or funds is or are
divided into shares and transferable; (b) a local
authority; or (c) proprietors, members or
contribution to the funds of any institution.
53. RECEIPTS as defined by section 2 (23) of
Stamps Act, 1899 (II of 1899) for any money or
other property the amount or value of which
exceeds twenty rupees—
(a) where the amount or value does not One Rupee
exceed two thousand rupees;
(b) where the amount or value exceeds Two Rupees.
two thousand rupees but does not
exceed ten thousand rupees;
(c) Where such amount exceeds ten Five Rupees
thousand rupees.
EXEMPTIONS:—Receipts—
(a) endorsed on or contained in any
instrument duly stamped for any
instrument exempted under the
proviso to section 3 (instruments
executed on behalf of the
Government) or any cheque or bill
of exchange, payable on
demand acknowledging the receipt
of the consideration money therein
expressed, or the receipt of any
principal-money, interest of annuity,
or other periodical payment thereby
secured;
(b) for any payment of money without
consideration;

Page 57 of 62

(c) for any payment of rent by a
cultivator on account of land
assessed to Government revenue;
(d) for pay or allowances by non-
commissioned or petty officers,
soldiers, sailors or airmen of the
armed forces of Pakistan/ Pakistan’s
military, naval or air forces, when
serving in such capacity, or by
mounted police constables;
(e) given by holders of family
certificates in cases where the person
from whose pay or allowances the
sum comprised in the receipt has
been assigned as a non-
commissioned or petty officer,
soldier, sailor or airman or any of the
said forces and serving in such
capacity;
(f) for pensions or allowances by
persons receiving such pensions or
allowances in respect of their
services as such, non -commissioned
or petty officers, soldiers, sailors or
airmen, and not serving the State in
any other capacity;
(g) given by a headman or lambardar for
land-revenue or taxes collected by
him;
(h) given for money or securities for
money deposited in the hands of any
banker to be accounted for:
Provided that the same is not
expressed to be received of, or by the
hands of, any other than the person
to whom the same is to be accounted
for:
Provided also that 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

Page 58 of 62

proposed or intended company or
body or in respect of a debenture
being a marketable security.
See also POLICY OF INSURANCE [No. 47-B
(2)].
54. RE-CONVEYANCE OF MORTGAGE
PROPERTY—
(a) if the consideration for which the
property was mortgaged does not
exceed Rs. 1,000;
(b) in any other case
55. RELEASE,
(a) that is to say, any instrument [not
being such a release as is provided
for by section 23A of Stamps Act,
1899 (II of 1899)] whereby a person
renounces a claim upon another
person or against any specified
property—
(b) in any other case
56. RESPONDENTIA BOND , that is to say,
any instrument securing a loan on the cargo laden
or to be laden on board a ship and making
repayment contingent on the arrival of the cargo at
the port of destination.
REVOCATION OF ARMY TRUST OR
SETTLEMENT.
See SETTLEMENT (No.58), TRUST (No.64).
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;
(b) in any other case
EXEMPTIONS:- Bond or other instrument,
when executed—
(a) by any person for the purpose of
guaranteeing that the local income
derived from private subscription to
a charitable dispensary or hospital or
Thirty Rupees
One hundred Rupees
One Thousand Rupees.

One Thousand Rupees.
The same duty as on a
Bond (No.15) for the
amount of the loan
secured.

Thirty Rupees
One hundred Rupees

Page 59 of 62

any other object of public utility
shall not be less than a specified sum
per mensum;
(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 (XIX of 1883), or the
Agriculturists Loans Act, 1884 (XII
of 1884), or by their sureties as
security for repayment of such
advances;
(d) executed by servants of the State or
their securities to secure the due
execution of an office or the due
accounting for money or other
property received by virtue thereof.
58. SETTLEMENT—
A—Instrument of (including a deed of
power)—
(i) where the settlement is made in favor
of legal heirs in respect of agriculture
land
(ii) Where the settlement is made for a
religious or charitable purpose:

(iii) in any other case
Two percent of the value
of the property.

Two percent of the sum
equal to the amount or
value of the property
settled.
Two percent of the
consideration equal to
the amount or value of
the property settled:
Provided that,
where an agreement to
settle is stamped with the
stamp required for an
instrument of settlement,
and an instrument of
settlement in pursuance
of such agreement is
subsequently executed,
the duty on such
instrument shall not
exceed four rupees:

Page 60 of 62

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

EXEMPTIONS:—Deed of dower executed on the
occasion of marriage between Muslims.
B—Revocation of—
See also TRUST (No.64)

59. SHARE WARRANTS to bearer issued
under the Companies Act, 2017 (XIX of 2017).

EXEMPTIONS:-
Share warrant when issued by a company
in pursuance of the Companies Act, 2017 (XIX of
2017), to have effect only upon payment, as
composition for that duty, to the Collector of
Stamp revenue of—
(a) one and a half per centum of the
whole subscribed capital of the
company; or
(b) if any company which has paid the
said duty or composition in full
subsequently issues an addition to its
subscribed capital —one and half per
centum of the additional capital so
issued.
SCRIP—See CERTIFICATE (No.19).
60. SHIPPING ORDER for or relating to the
conveyance of goods on board of any vessel.
provisions were
contained in the
instrument.
Two percent of the
consideration equal to
the amount or value of
the property concerned
as set forth in the
instrument of revocation.
One and a half times the
duty payable on a
Debenture [No.27 ] for a
consideration equal to
the nominal amount of
the shares specified in
the warrant.

Five rupees

Page 61 of 62

61. SURRENDER OF LEASE—
(a) when the duty with which the lease
is chargeable does not exceed thirty
rupees;
(b) in any other case
EXEMPTION:-
Surrender of lease, when such lease
exempted from duty.
62. TRANSFER (whether with or without
consideration)—
(a) of shares in an incorporated
company or other body corporate;

(b) of Debenture or Participation Term
Certificate or Term Finance
Certificate or any other instrument or
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
(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; and

(ii) in any other case
(d) of any property under the
Administrator -General’s Act, 1913,
(III of 1913) section 31; and
(e) of any trust-property without
consideration from one trustee to
another trustee or from a trustee to a
beneficiary.

1[(1)] EXEMPTIONS: —
Transfers by endorsement—
(a) of a bill of exchange, cheque or
promissory note;

The duty with which
lease is chargeable.

One hundred rupees

One-fourth of the duty
payable on a Conveyance
(No.23) for a
consideration equal to
the value of the share.
One tenth of one percent
that is to say 0.1% of the
face value of the
instrument.

The duty with which
such bond, mortgage -
deed or policy of
insurance is chargeable.
Fifty Rupees.
Fifty Rupees.

Twenty Rupees or such
smaller amount as may
be chargeable under
clauses (a) to (c) of this
Article.

1Numbered by the Finance Act, 2024 (Act No. X of 2024), s.2, (as is in force in the Islamabad Capital Territory).

Page 62 of 62

(b) of a bill of lading, delivery order,
warrant for goods, or other
mercantile document of title to
goods;
(c) (c) of a policy of insurance;
(d) of securities of the
Federal Government.
See also section 8—

1[(2) Transfers which are converted under Conveyance described in Article 23 (1) (a).]
63. TRANSFER OF LEASE by way of
assignment and not by way of under-lease.

EXEMPTION:—Transfer of any lease exempt
from duty.
64. TRUST—
A. Declaration of - of or concerning
any property when made by any
writing not being a WILL.

B. REVOCATION OF - of, or
concerning any property when made
by any instrument other than a
WILL.

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.]

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 two hundred
Rupees.
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 two hundred
Rupees.

Five Rupees”.
6224929 Date: 07-07-2025
1Added by the Finance Act, 2024 (Act No. X of 2024), s.2 (as is in force in the Islamabad Capital Territory).

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Instruments cited by this law 18

Negotiable Instruments Act, 1881

Cites this instrument · 2 occurrences

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eclaration) Act, 1951 (Act No. XXVI of 1951), s. 8. Page 6 of 62 (2) “Bill of exchange”. “bill of exchange ” means a bill of exchange as defined by the Negotiable Instruments Act, 1881 (XXVI of 1881), and includes also 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

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specified person to act for and in the name of the person executing it : (22) “Promissory note”. “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 contin gency which may or may not be performed or ha

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General Clauses Act, 1897

Cites this instrument · 7 occurrences

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O., 1949, Arts. 3(2) and 4, for “British India”. 2 Cl. (8) defining “Chief Controlling Revenue-authority”., rep. by A.O., 1937 : see now definition in s. 3 (9a) of the General Clauses Act, 1897 (Act No. X of 1897). 3 Subs. by A.O., 1949, Sch., for the original sub-clause (a). 4 The Original words “the L.G.” were first subs. by A.O., 1937, and then amended by A.O., 1964, Art. 2 and Sch. (with effect from the 27th

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on 144, clause 3”. 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII o

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r “British India”. 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII o

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V of 1904), s. 7. 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII o

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th October, 1955). 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 ( Act No. X of 1897), s. 3 (9a) . In the N.W .F.P., the reference to the Chief Controlling Revenue - authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (

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ting Government”. 5 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 ( Act No. X of 1897), s. 3 (9a) . In the N.W .F.P., the reference to the Chief Controlling Revenue - authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (V

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3rd March. 1956). 12 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N.W.F.P., the reference to the Chief Controlling Revenue- authority should be construed as a reference to the Revenue Commissioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII o

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Pakistan Army Act, 1952

Cites this instrument · 2 occurrences

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d (25) “Soldier”. “soldier” includes any person below t he rank of non -commissioned officer who is enrolled under the Indian Army Act 1911 (VIII of 1911) 4[or the Pakistan Army Act, 1952 (XXXIX of 1952)].] . ______ CHAPTER II STAMP-DUTIES A.-Of the Liability of Instruments to Duty 3. Instruments chargeable with duty. — Subject to the provisions of this Act and the exemptio ns contained in S

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ritory). Page 37 of 62 EXEMPTIONS:— Affidavit or declaration in writing when made— (a) as a condition of enrolment under the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961); (b) for the immediate purpose of being filed or used in any Court or before th

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Local Authorities Loans Act, 1914

Cites this instrument · 1 occurrence

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r 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 1[Local Authorities Loans Act, 1914 (IX of 1914)] or of any other law for the time being in force, by the issue of bonds, debentures or other s ecurities, shall, in-respect of such loan, be chargeable with a duty of 2[one per centum] on the total amount of th e

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Code of Civil Procedure (CPC) , 1908 (Under Review)

Cites this instrument · 1 occurrence

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necessary and has not cancelled such certificate; (b) nothing in this section shall affect the 1[provisions of rule 9 of Order XIII of the First Schedule to the Code of Civil Procedure. 1908 (Act V of 1908)]. 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 appear

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Succession Act, 1925

Cites this instrument · 1 occurrence

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s; and (c) where such amount exceeds ten thousand rupees. 2. ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act, 1925 (XXXIX of 1925), section 6 of the Government Savings Banks Act, 1873 (V of 1873)— (a) where the amount does not exceed Rs. 1,000; (b) in any other case 3. ADOPTION-DEED that is to say, any instrument

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Government Savings Banks Act, 1873

Cites this instrument · 1 occurrence

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sand rupees. 2. ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act, 1925 (XXXIX of 1925), section 6 of the Government Savings Banks Act, 1873 (V of 1873)— (a) where the amount does not exceed Rs. 1,000; (b) in any other case 3. ADOPTION-DEED that is to say, any instrument (other than a will) recording an adoption or conferring or purpor

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Pakistan Navy Ordinance, 1961

Cites this instrument · 1 occurrence

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hen made— (a) as a condition of enrolment under the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (VI of 1953) or the Pakistan Navy Ordinance, 1961 (XXXV of 1961); (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 cha

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Apprenticeship Ordinance, 1962 (Repeal by Act I of 2019,s.18)

Cites this instrument · 1 occurrence

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on, trade or employment not being ARTICLES OF CLERKSHIP (No. 11). EXEMPTIONS: — Instrument of apprenticeship executed by a Magistrate under the Apprenticeship Ordinance, 1962 (LVI of 1962), or by which a person is apprenticed by or at the charge of any public charity. 10. ARTICLES OF ASSOCIATION OF A COMPANY— (a) Where the company has no share capital or the nominal share capital

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Companies Act, 2017

Cites this instrument · 5 occurrences

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the nominal share capital exceeds Rs. 10,00,000. EXEMPTIONS:—Articles of any Association and not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No.39). 11. ARTICLES OF CLERKSHIP OR contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorn

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business at his own discretion. 39. MEMORANDUM OF ASSOCIATION OF A COMPANY— (a) if accompanied by articles of association under section 35 of the Companies Act, 2017 (XIX of 2017); (b) If not so accompanied. EXEMPTION:—Memorandum of any association not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). shall not exceed

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(XIX of 2017); (b) If not so accompanied. EXEMPTION:—Memorandum of any association not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). shall not exceed one hundred rupees. Ten Rupees Fifty Rupees One hundred Rupees Two hundred Rupees. Page 49 of 62

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—Deed of dower executed on the occasion of marriage between Muslims. B—Revocation of— See also TRUST (No.64) 59. SHARE WARRANTS to bearer issued under the Companies Act, 2017 (XIX of 2017). EXEMPTIONS:- Share warrant when issued by a company in pursuance of the Companies Act, 2017 (XIX of 2017), to have effect only upon payment, as composition for that duty, to the Coll

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RE WARRANTS to bearer issued under the Companies Act, 2017 (XIX of 2017). EXEMPTIONS:- Share warrant when issued by a company in pursuance of the Companies Act, 2017 (XIX of 2017), 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

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Ports Act, 1908

Cites this instrument · 1 occurrence

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the sets. EXEMPTIONS:— (a) Bill of the lading when the goods therein described are received at a place within the limits of any port as defined under the Ports Act, 1908 (XV of 1908), and are to be delivered at another place within the limits of the same port; and (b) Bill of lading when executed out of Pakistan and relating to property to be delivered in Pakistan. 15

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Court-Fees Act, 1870 · Federal
COURT FEES’ ACT, 1870 · Punjab

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be delivered in Pakistan. 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 (VII of 1870)— (a) where the amount or value secured does not exceed five thousand rupees; and (b) where it exceeds five thousand rupees for every additional amount of five hundred rupees

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Legal Practitioners and Bar Councils Act, 1973

Cites this instrument · 1 occurrence

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ument of. See SETTLEMENT (No.58). DUPLICATE. See COUNTERPART (No.25). 30. ENTRY AS AN ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT—under the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973)— (a) in the case of an Advocate; and (b) in the case of an Attorney 31. EXCHANGE OF PROPERTY — Instrument of— EXTRACT. See COPY (No.24) 32. FURTHER CHARGE —Instrument of, th

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Land Improvement Loans Act, 1883 · Federal
LAND IMPROVEMENT LOANS ACT, 1883 · Punjab

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ance is not based on interest; and (ii) in any other case EXEMPTION:— (1) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884) or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a Bill of Exchange. Three percen

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f 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 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884), or by their sureties as security for repayment of such advances; (d) executed by servants of the State or their securities

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Agriculturists Loans Act, 1884

Cites this instrument · 2 occurrences

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other case EXEMPTION:— (1) Instruments, executed by persons taking advances under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884) or by their sureties as security for the repayment of such advances. (2) Letter of hypothecation accompanying a Bill of Exchange. Three percent of the consideration equal to the amount

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ection 70 of the Sind Irrigation Act, 1879; (c) executed by persons taking advances under the Land Improvement, Loans Act, 1883 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884), or by their sureties as security for repayment of such advances; (d) executed by servants of the State or their securities to secure the due execution of an office or the d

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Workmen's Compensation Act, 1923

Cites this instrument · 1 occurrence

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INDEMNITY— Against liability to pay damages on account of accidents to workmen employed by or under or against liability to pay compensation under Workmen’s Compensation Act, 1923 (VIII of 1923), for every Rs. 100 or part thereof payable as premium. Five Rupees. Eight Rupees. One-half of the duty payable in respect of the original policy in addition to the amount, if any,

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Registration Act, 1908 · Federal
REGISTRATION ACT, 1908 · Punjab

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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 (XVI of 1908). 49. PROMISSORY NOTE as defined by section 2(22) of Stamps Act, 1899 (II of 1899)— (a) when payable on demand — (i) when the amount or value does not exceed Rs. 250.000; (ii) when the amo

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Administrator General's Act, 1913 · Federal
ADMINISTRATOR GENERAL’S ACT, 1913 · Punjab

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the duty on such bond, mortgage-deed or policy does not exceed twenty rupees; and (ii) in any other case (d) of any property under the Administrator -General’s Act, 1913, (III of 1913) section 31; and (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. 1[(1)] EXEMPTIONS: — Transfers by endorsement—

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References to provisions in this text 81

Section 13

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f 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 un-stamped Page 2 of 62 16. Denoting duty 17. Instruments executed in Pakistan 18. Instruments other than bills and notes executed out of Pakistan 19. Bills and notes drawn out of Pakistan 20

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Section 38

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7. Admission of Improperly stamped instruments Page 3 of 62 38. Instruments impounded how dealt with 39. Collector’s power to refund penalty paid under section 38 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 agains

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Section 35

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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 to Revenue authority to refund penalty or excess duty in certain cases 46. Non-li

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Section 38

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recover same in certain cases 45. Power to Revenue authority to refund penalty or excess duty in certain cases 46. Non-liability for loss of instruments sent under section 38 47. Power of payer to stamp bills and promissory notes received by him unstamped 48. Recovery of duties and penalties. CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowances for spoiled stamps 50. Applica

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Section 49

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ed 48. Recovery of duties and penalties. CHAPTER V ALLOWANCES FOR STAMPS IN CERTAIN CASES 49. Allowances 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 requ

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Section 27

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62. Penalty for executing, etc., instrument not duly stamped 63. Penalty for failure to cancel adhesive stamp 64. Penalty for omission to comply with provisions of section 27 65. Penalty for refusal to give receipt, and for devices to evade duty on receipts 66. Penalty for not making out policy, or making one not duly stamped. 67. Penalty for not drawing full number of bills or marine police

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Section 13

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r 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 un -stamped.— Every instrument written in contravention of section 13 or section 14 shall be deemed to be un-stamped. 16. Denoting duty. —Where the duty with which an instrument is chargeable, or its exemption

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Section 13

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t or delivery of which is secured thereby. . 15. Instrument written contrary to section 13 or 14 deemed un -stamped.— Every instrument written in contravention of section 13 or section 14 shall be deemed to be un-stamped. 16. Denoting duty. —Where the duty with which an instrument is chargeable, or its exemption from duty, depends in a ny manner upon the duty actually paid in respect of another

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Section 14

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y of which is secured thereby. . 15. Instrument written contrary to section 13 or 14 deemed un -stamped.— Every instrument written in contravention of section 13 or section 14 shall be deemed to be un-stamped. 16. Denoting duty. —Where the duty with which an instrument is chargeable, or its exemption from duty, depends in a ny manner upon the duty actually paid in respect of another instrument,

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Section 12

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exc hange, 1[*] or not comes into the hands of any holder thereof in 2[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 oth erwise than by the person and at the time required by this Act, such stamp shall far as relates to such holder, be deemed to have been du

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Section 2

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from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. 3 Sub. Section 2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981) s. 5 and Sch. IV (Only to the extent of Islamabad Capital Territory). 4 Ins. by the Indian Stamp (Amendment) Act, 1904 (Act

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Section 31

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alty or share, whatever it may be, shall be claimable und er 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 a

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Section 8

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te), 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: 2[(b) in the cas e of a policy of insurance other than fir

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Section 31

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tate 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 1 Ins. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the ori

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Section 31

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s. by the Indian Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 4, for the original cl. (b). Page 20 of 62 (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,1 the Collector shall certify by endorsement on such instrument that the full duty (stating t

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Section 32

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rument in any Court when such instrument has been executed by or on behalf of l[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 instr ument 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 q

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Section 61

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Act. 36. Admission of instr ument 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 bee n duly stamped. 37. Admission of i mproperly stamped instruments. —2[The Provincial Government] may make ru

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Section 33

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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 sec tion 37, he shall send to the Coll ector

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Section 35

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trument 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 sec tion 37, he shall send to the Coll ector an au thenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and

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Section 38

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(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, 3[* * *] refund any portion of the penalty in excess of five rupees which has been pai

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Section 38

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o 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, 3[* * *] refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. (2) When such instrument has been impounded only be caus

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Section 13

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ive rupees which has been paid in respect of such instrument. (2) When such instrument has been impounded only be cause it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. 1 The original words “the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 1956), to r

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Section 14

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ch has been paid in respect of such instrument. (2) When such instrument has been impounded only be cause it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. 1 The original words “the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 1956), to read as above.

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Section 33

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1914), s., 2 and Sch., Pt. I. Page 23 of 62 140. Collector’s power to stamp instruments impounded. —(1) When the Collector impounds any instrument under section 33, or receives any instrum ent sent to him under section 38, sub-section (2), not being an instrument chargeable with a duty of one anna 2[or half an anna] only or a bill of exchange or promissory note, he shall adopt the follo

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Section 38

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140. Collector’s power to stamp instruments impounded. —(1) When the Collector impounds any instrument under section 33, or receives any instrum ent sent to him under section 38, sub-section (2), not being an instrument chargeable with a duty of one anna 2[or half an anna] only or a bill of exchange or promissory note, he shall adopt the following procedure:— (a) if he is of opinion that such i

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Section 13

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her 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 thi nks fit, remit the whole penalty prescribed by this section. (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evide

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Section 14

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t 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 thi nks fit, remit the whole penalty prescribed by this section. (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the mat

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Section 38

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tion (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. (3) Where an instrument has been sent to t he 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 im pounding officer. 4[41. Instruments unduly stamped by accident. — If any instrument chargeable with duty

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Section 35

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eding under sections 33 and 40, receive such amount and proceed as next hereinafter prescribed. 42. Endorsement of instruments on which duty has been p aid 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, s ection 40 or section 41, the person admitting such instrument in evidence or the Collector, as the

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Section 35

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struments on which duty has been p aid 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, s ection 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

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Section 41

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been p aid 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, s ection 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

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Section 35

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r 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

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Section 35

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n 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 pro visions of section 29 or any other enactment in force at the time such instrument was executed, some other p

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Section 37

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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 pro visions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bo

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Section 40

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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 pro visions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear

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Section 41

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y. 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 pro visions 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

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Section 29

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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 pro visions 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 p roper stamp for such instru ment, the first -mentioned person shall be entitled to

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Section 35

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very of the amount shall be maintainable. 45. Power to Revenue authority to refund penalty or excess duty in certain cases .—(1) Where any penalty is paid under section 35 or section 40, the 2[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 2[Chief Revenue Auth

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Section 40

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ount shall be maintainable. 45. Power to Revenue authority to refund penalty or excess duty in certain cases .—(1) Where any penalty is paid under section 35 or section 40, the 2[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 2[Chief Revenue Authority], stamp

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Section 35

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y or in part. (2) Where, in the opinion of the 2[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. 1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance

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Section 40

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(2) Where, in the opinion of the 2[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. 1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of

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Section 144

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nd Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981;, s. 5 and Sch. Sch. IV (Only to the extent of Islamabad Capital Territory;, for “Code of Civil Procedure, section 144, clause 3”. 2 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition, see the General Clauses Act, 1897 (Act No. X of 1897), s. 3 (9a). In the N

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Section 38

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ioner.- See the N.W.F.P. Law and Justice Regulation, 1901 (VII of 1901), s. 6 (1) (d). Page 25 of 62 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) W

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Section 38

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f 1901), s. 6 (1) (d). Page 25 of 62 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 s ent, the person from whos

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Section 50

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3[ the Pro - vincial 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 satisf ied as to the facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely :— (a) the stamp on any paper inadvertently and undesigned ly spoiled, obliterated or by e

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Section 49

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at 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 un der 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:

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Section 49

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n paid is an impressed stamp within the meaning of this section. 50. Application for relief un der 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 on which no instru ment has

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Section 15

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Stamp (Amdt.) Act, 1906 (Act No. V of 1906), s. 6. Page 28 of 62 (b) when any stamp used for an instrument has been in advertently 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 wit hin six months after the date of the instrument, or, if it is not dated, within six

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Section 13

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used for an instrument has been in advertently 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 wit hin 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 u

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Section 26

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ment of case to, Chief Revenue Authority. ___ (1) The powers exercisable by a Collector under Chapter IV and Chapter V 1[and under clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the 2[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 c

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Section 31

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clause (a) of the first proviso to section 26] shall in all cases be subject to the control of the 2[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 2[Chief Rev

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Section 40

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f the first proviso to section 26] shall in all cases be subject to the control of the 2[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 2[Chief Revenue Authori

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Section 41

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oviso to section 26] shall in all cases be subject to the control of the 2[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 2[Chief Revenue Authority ]. (3

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Section 56

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ecision. 57. Statement of case by Chief R evenue Authority to High Court. — 3[(1) The Chief Revenue Authority may state many case re ferred to it under section 56, sub-section (2), or otherwise coming to its notice and refer such case, with its own opinion thereon, to the High Court]. (2) Every such case shall be decided by not less than three Judges of the High Court 4[* * *] to

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Section 57

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y, 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 th

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Section 35

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___ (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 1[* * *] to which, if he were the 2[Chief Revenue Authority], he would, under section 57, refer the

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Section 57

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the case and refer it, with his own opinion thereon, for the decision of the High Court 1[* * *] to which, if he were the 2[Chief Revenue Authority], he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been re ferred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the 2[Chief Revenu

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Section 57

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if he were the 2[Chief Revenue Authority], he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been re ferred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the 2[Chief Revenue Authority] and another like copy to the Judge making the reference, who shall, on receiving such copy, d

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Section 35

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dure, 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 s

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Section 35

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(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 whos

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Section 42

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t. (4) The Collector may thereupon, notwithstanding any thing contained in the order admitting such instrument in evid ence, or in any certificate granted under section 42, or in section 43, prosecute any person for any o ffence against the Stamp -law, which the Collector considers him to have committed in respect of such instrument: 1 The word “or Chief Court”, as amended by A.O., 1937. A

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Section 43

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Collector may thereupon, notwithstanding any thing contained in the order admitting such instrument in evid ence, or in any certificate granted under section 42, or in section 43, prosecute any person for any o ffence against the Stamp -law, which the Collector considers him to have committed in respect of such instrument: 1 The word “or Chief Court”, as amended by A.O., 1937. A.O., 1949 and Act

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Section 35

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hall be instituted where the amount (including duty and penalty) which, accord ing 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

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Section 42

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prosecution, no declaration made under this section shall affect the validity of any order admit ting any instrument in evidence, or of any certificate granted under section 42. ____ CHAPTER VII CRIMINAL OFFENCES AND PROCEDURE 162. Penalty for executing, etc., instrument not duly stamped.—(1) Any person— (a) drawing, making, issuing, endorsing or transferring, or signing otherwis

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Section 35

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be punishable with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.

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Section 40

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with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a shar

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Section 61

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h may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share -warrant is

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Section 12

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the company, shall be punishable with fine which may extend to five hundred rupees. 63. Penalty for failure to cancel adhesive stamp. — Any person required by section 12 to cancel an ad hesive stamp, and failing to cancel such stamp in manner pres cribed by that section, shall be punishable with fine which may extend to one hundred rupees. 1For modification of provisions in resp

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Section 27

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ce Act, 1927 (Act No. V of 1927), s. 5. 3 The word “cheque” rep. ibid. Page 32 of 62 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

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Section 27

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sions 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 pre paration of any instrument, neglects or omits fully and truly to set forth therein all such

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Section 30

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xtend to five thousand rupees. 65. Penalty for refusal to give receipt, and for devices to evade duty on re ceipts.— 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, give a

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Section 74

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s. 69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.—(a) Any person appointed to sell stamps who disobeys any rule made under section 74 ; and (b) any person not so appointed who sells or offers for sale any stamp (other than a one-anna 1[or half an anna] adhesive stamp) ; shall be punishable with imprisonment for a term which may extend to six months, or w

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Section 48

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this behalf, may stay any such prosecution or compound any such offence. (3) The amount of any such composition shall be recoverable in the manner provided by section 48. 71. Jurisdiction of Magistrate s.— No Magistrate other than 6[* * * ] a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act. 72. Place of trial.— Ev

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Section 2(2)

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ing an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit. 13. BILL OF EXCHANGE as defined by section 2 (2) not being BOND, bank note or currency note— (a) where payable otherwise than on demand but not more than one year after date or sight— (i) if drawn singly; and (ii) if drawn in set of two or more,

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Section 2(5)

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limits of the same port; and (b) Bill of lading when executed out of Pakistan and relating to property to be delivered in Pakistan. 15. BOND as defined by section 2 (5) not being a DEBENTURE (No.27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870 (VII of 1870)— (a) where the amount or value secured does not exceed five thousand rupee

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Section 2

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business under the supervision of Inspector or under letters of licence for the benefit of his creditors. 1[23. On conveyance as defined under clause (10) of section 2 not being a transfer charged or exempted under Article 62, the stamp duty shall be levied at one percent of the value of the immovable property.] 24. COPY OR EXTRACT certified to be a true copy or extract by or by orde

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Section 2(15)

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security subject to a maximum of forty rupees. Five rupees. Page 51 of 62 45. PARTITION—Instrument of [as defined by section 2(15)]. 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, th

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Section 7

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SSOLUTION OF PAWN OR PLEDGE—See AGREEMENT RELATING TO DEPOSIT OF TITLE -DEEDS, PAWN OR PLEDGE (No. 6). 47. POLICY OF INSURANCE— A—See INSURANCE (see section 7)— (1) For each voyage— (i) where the premium of consideration does not exceed the rate of 1/8 per cent of the amount insured by the policy for every full sum of Rs. 5,000 and also any fra

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Section 3

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pees. EXEMPTIONS:—Receipts— (a) endorsed on or contained in any instrument duly stamped for any instrument exempted under the proviso to section 3 (instruments executed on behalf of the Government) or any cheque or bill of exchange, payable on demand acknowledging the receipt of the consideration money therein expressed, or the receip

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Section 31

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does not exceed twenty rupees; and (ii) in any other case (d) of any property under the Administrator -General’s Act, 1913, (III of 1913) section 31; and (e) of any trust-property without consideration from one trustee to another trustee or from a trustee to a beneficiary. 1[(1)] EXEMPTIONS: — Transfers by endorsement— (a) of a bill of exc

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Section 8

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ds, or other mercantile document of title to goods; (c) (c) of a policy of insurance; (d) of securities of the Federal Government. See also section 8— 1[(2) Transfers which are converted under Conveyance described in Article 23 (1) (a).] 63. TRANSFER OF LEASE by way of assignment and not by way of under-lease. EXEMPTION:—Transfer of an

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Provisions explicitly cited in other instruments 11

Section 6 of Government Savings Banks Act, 1873

Cited by Stamp Act, 1899

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ds ten thousand rupees. 2. ADMINISTRATION BOND, including a bond given under sections 291, 375 and 376 of the Succession Act, 1925 (XXXIX of 1925), section 6 of the Government Savings Banks Act, 1873 (V of 1873)— (a) where the amount does not exceed Rs. 1,000; (b) in any other case 3. ADOPTION-DEED that is to say, any instrument (other than a will) recording an adoption or conferring or purpor

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Target heading · Government Savings Banks Act, 1873

6. Security for due a dministration.—

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Section 42 of Companies Act, 2017

Cited by Stamp Act, 1899

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0; and (d) Where the nominal share capital exceeds Rs. 10,00,000. EXEMPTIONS:—Articles of any Association and not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No.39). 11. ARTICLES OF CLERKSHIP OR contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorn

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Target heading · Companies Act, 2017

42. Licencing of associations with charitable and not for profit objects.—

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Section 35 of Companies Act, 2017

Cited by Stamp Act, 1899

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debtor to carry on business at his own discretion. 39. MEMORANDUM OF ASSOCIATION OF A COMPANY— (a) if accompanied by articles of association under section 35 of the Companies Act, 2017 (XIX of 2017); (b) If not so accompanied. EXEMPTION:—Memorandum of any association not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). shall not exceed

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Target heading · Companies Act, 2017

35. Effect of alteration in memorandum or articles.—

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Section 42 of Companies Act, 2017

Cited by Stamp Act, 1899

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ompanies Act, 2017 (XIX of 2017); (b) If not so accompanied. EXEMPTION:—Memorandum of any association not formed for profit and registered under section 42 of the Companies Act, 2017 (XIX of 2017). shall not exceed one hundred rupees. Ten Rupees Fifty Rupees One hundred Rupees Two hundred Rupees. Page 49 of 62

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Target heading · Companies Act, 2017

42. Licencing of associations with charitable and not for profit objects.—

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Section 506 of Merchant Shipping Act, 1894

Cited by Stamp Act, 1899

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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 (57 & 58Vict.c. 60) shall be valid unless the same is expressed in a sea- policy. 1 Repealed by the Indian Finance Act, 1927 (Act No. V of 1927), s. 5, The word “cheque”. 2 Subs. by the Central Laws (Statute Reform) Ord

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Section 124(1) of Government of India Act, 1935

Cited by Stamp Act, 1899

The named instrument has not been matched in this library.

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ication in the local official Gazette”. 10 Subs. by F.A.O., 1975, Art, 2 and Table, for “Central Government”. 11 The words and figures “subject to the provisions of section 124 (1) of the Government of India Act, 1935,” omitted by A.O., 1 961, Art. 2 and Sch. (with effect from the 23rd March. 1956). 12 Subs, by A.O., 1961, Art. 2 and Sch., for “Chief Controlling Revenue authority” (with effect from the 23rd March, 1956). For definition,

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Section 2(21) of Stamps Act, 1899

Cited by Stamp Act, 1899

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r, 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) of Stamps Act, 1899 (II of 1899), not being a proxy (No.52)— (a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one

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Section 2(22) of Stamps Act, 1899

Cited by Stamp Act, 1899

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e term “Registration” includes every operation incidental to registration under the Registration Act, 1908 (XVI of 1908). 49. PROMISSORY NOTE as defined by section 2(22) of Stamps Act, 1899 (II of 1899)— (a) when payable on demand — (i) when the amount or value does not exceed Rs. 250.000; (ii) when the amount or value exceeds Rs. 250,000 but does not exceed Rs. 500,000; (iii) in any

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Section 2(23) of Stamps Act, 1899

Cited by Stamp Act, 1899

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o shares and transferable; (b) a local authority; or (c) proprietors, members or contribution to the funds of any institution. 53. RECEIPTS as defined by section 2 (23) of Stamps Act, 1899 (II of 1899) for any money or other property the amount or value of which exceeds twenty rupees— (a) where the amount or value does not One Rupee exceed two thousand rupees; (b) where the amount or value exce

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Section 23A of Stamps Act, 1899

Cited by Stamp Act, 1899

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d does not exceed Rs. 1,000; (b) in any other case 55. RELEASE, (a) that is to say, any instrument [not being such a release as is provided for by section 23A of Stamps Act, 1899 (II of 1899)] whereby a person renounces a claim upon another person or against any specified property— (b) in any other case 56. RESPONDENTIA BOND , that is to say, any instrument securing a lo

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Section 70 of Sind Irrigation Act, 1879

Cited by Stamp Act, 1899

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ject of public utility shall not be less than a specified sum per mensum; (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 (XIX of 1883), or the Agriculturists Loans Act, 1884 (XII of 1884), or by their sureties as security for repaym

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Cited instruments not matched in this library 45