THE PUNJAB FINANCE ACT, 1974 (X of 1974) CONTENTS 1. Short title, extent and commencement 2. Definition 3. Amendment of the Punjab Finance Act, 1973 (Punjab Act XIV of 1973) 4. Amendment of West Pakistan Urban Immovable Property Tax Act, 1958 (W.P. Act V of 1958) 5. Amendment of West Pakistan Entertainments Duty Act, 1958 (W.P. Act No. X of 1958) 6. Repeal of section 8 of the West Pakistan Finance Ordinance, 1969 (W.P. Ordinance No. VII of 1969) 7. Application of existing laws 8. Bar of suits in civil courts TEXT 1 THE PUNJAB FINANCE ACT, 1974 (X of 1974) [28th June, 1974] An Act to continue and levy certain taxes and fees in the Province of the Punjab. Preamble.– WHEREAS it is expedient to continue and levy certain taxes and fees in the Province of the Punjab; It is hereby enacted as follows:– 1. Short title, extent and commencement .– (1) This Act may be called the Punjab Finance Act, 1974. (2) It extends to the whole of the Province of the Punjab. (3) It shall come into force on and from the first day of July, 1974. 2. Definition.– In this Act, unless there is anything repugnant in the subject or context “Government” means the Government of the Punjab. 3. Amendment of the Punjab Finance Act, 1973 (Punjab Act XIV of 1973). – In the Punjab Finance Act, 1973 (Punjab Act No. XIV of 1973), in the Sixth Schedule, for the existing serial No. 1, the following shall be substituted: – “ ”1. (i) Licence for installation of a new cotton ginning factory. Rs.125/- per roller or its equivalent subject to a maximum of Rs.5,000/-. (ii) Licence for installation of a new cotton pressing factory. Rs.5,000/- per baling press.” 4. Amendment of West Pakistan 2 Urban Immovable Property Tax Act, 1958 (W.P. Act V of 1958). – In the West Pakistan 3 Urban Immovable Property Tax Act, 1This Act was passed by the Punjab Assembly on 28th June, 1974; assented to by the Governor of the Punjab on 28th June, 1974; and, published in the Punjab Gazette (Extraordinary), dated 28th June, 1974, pages 890-A to 890-C. 2Now „Punjab‟, see the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974); and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425 -PP, see Article 2 and Schedule, Part III, at entry No.5 (w.e.f. 14.8.1973). 3Now „Punjab‟, see the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974) ; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425 -PP, see Article 2 and Schedule, Part III, at entry No. 5 (w.e.f. 14.8.1973). 1958 (West Pakistan Act V of 1958), in its application to the Province of the Punjab, in section 3-A, for the word “forty”, the word “fifty” shall be substituted. 5. Amendment of West Pakistan 4 Entertainments Duty Act, 1958 (W.P. Act No. X of 1958) .– In the West Pakistan 5 Entertainments Duty Act, 1958 (West Pakistan Act No. X of 1958), in its application to the Province of the Punjab, in section 3, in sub -section (1), the words and commas “at the rate of fifty per cent of such payment, excluding the amount of the duty in case such duty does n ot exceed rupee one and twelve paisa s and at the rate of seventy -five per cent, excluding the amount of duty, in case such payment exceeds rupee one and twelve paisa” the words and commas “at the rate of one hundred and fifty per cent of such payment, excluding the amount of duty, in case of admission to Race Courses and at the rate of one hundred per cent of such payment, excluding the amount of duty, in case of admission to other entertainments” shall be substituted. 6. Repeal of section 8 of the West Pak istan 6 Finance Ordinance, 1969 (W.P. Ordinance No. VII of 1969).– In the West Pakistan 7 Finance Ordinance, 1969 (West Pakistan Ordinance No. VII of 1969), section 8 is repealed. 7. Application of existing laws .– Where any tax imposed or any fee levied by this Act is by way of an addition to any tax imposed or fee levied by or under any enactment and rules in force in the Punjab, the procedure provided in such enactment and rules for the assessment, collection and recovery of such tax or fee shall, so far as applicable, apply to the assessment, collection and recovery of additional tax or fee as the case may be. 8. Bar of suits in civil courts .– No suit shall lie in any civil court to set aside or modify any assessment, levy or collection of a tax or fee made under this Act and the rules made thereunder. 4Now „Punjab‟, see the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974); and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425 -PP, see Article 2 and Schedule, Part III, at entry No.6 (w.e.f. 14.8.1973). 5Ibid. 6Now „Punjab‟, see the Punjab Laws (Adaptation) Order, 1974 (Pb A.O. 1 of 1974) ; and published in the Punjab Gazette (Extraordinary), dated 20.11.1974, pages 1425 -A to 1425 -PP, see Article 2 and Schedule, Part III, at entry No. 97 (w.e.f. 14.8.1973). 7Ibid.