PUNJAB FINANCE ACT 2006
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THE PUNJAB FINANCE ACT 2006 (V of 2006)
TEXT 1THE PUNJAB FINANCE ACT 2006 (V of 2006) [30th June, 2006] An Act to reduce court fee, rationalize certain stamp duties and amend the Punjab Sales Tax Ordinance, 2000. Preamble.– Whereas it is expedient to reduce court fee, rationalize certain stamp duties and amend the Punjab Sales Tax Ordinance, 2000;
It is hereby enacted as follows:–
Section 1. Short title, extent and commencement
(1) This Act may be called the Punjab Finance Act, 2006.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force on the first day of July 2006.
Section 2. Amendments in the Court Fees Act, 1870 (VII of 1870)
In the Court Fees Act, 1870 (VII of 1870), in Schedule I, in serial number 1, in column 3, under the heading “Proper Fee”:–
(i) for the words “Eight and a half”, the words “Seven and a half” shall be substituted; and
(ii) for the words “thirty four thousands”, the words “fifteen thousands” shall be substituted.
Section 3. Amendments in the Stamp Act, 1899 (II of 1899)
In the Stamp Act, 1899 (II of 1899), in Schedule I, the following amendments shall be made, namely:–
(1) for Article 6, under the headings “Description of Instrument” and “Proper Stamp-duty”, the following shall respectively be substituted:– “6. AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS, PAWN OR PLEDGE, that is to say, any instrument evidencing an agreement relating to–
1This Act was passed by the Punjab Assembly on 23 June 2006; assented to by the Governor of the Punjab on 27 June 2006; and, was published in the Punjab Gazette (Extraordinary), dated 30 June 2006, pages 5027-29.
(1) the deposit of title-deeds or instruments constituting or being evidence of the title to any property whatever (other than marketable security), or
(2) the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the re- payment of money advanced or to be advanced by way of loan or an existing or future debt–
(a) if such loan or debt is repayable on demand or more than three months from the date of the instrument evidencing the agreement;
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and One-fifth of one percent, that is to say, 0.2% of the loan amount subject to a maximum of one hundred thousand rupees.
(ii) in any other case. One-fifth of one percent, that is to say, 0.2% of the loan amount.
(b) if such loan or debt is repayable not more than three months from the date of such instrument;
(i) in the case of banking companies or other financial institutions, when the entire finance is not based on interest; and One-tenth of one percent, that is to say, 0.1% of the loan amount, subject to a maximum of fifty thousand rupees.
(ii) in any other case. One-tenth of one percent, that is to say, 0.1% of the loan amount.”;
(2) for Article 27, under the headings “Description of Instrument” and “Proper Stamp-duty”, the following shall respectively be substituted:–
“27. DEBENTURE OR PARTICIPATION TERM CERTIFICATE OR TERM FINANCE CERTIFICATE OR ANY OTHER INSTRUMENT OF REDEEMABLE CAPITAL OTHER THAN A COMMERCIAL PAPER (whether or not a mortgage debenture, a Participation Term Certificate, a Term Finance Certificate or any other instrument of redeemable capital), being a marketable security transferable by endorsement or by separate instrument of transfer or by delivery. One-twentieth of one percent, that is to say, 0.05% of the face value per annum subject to a maximum of one million rupees. Explanation-I. The term “Debenture” includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.
Explanation-II. The term “Participation Term Certificate” means an instrument or certificate of a specified denomination called the face value or nominal value, issued by a company for raising capital, the holder whereof participates in the profit and loss of the company over such period to such extent and on such conditions as may be specified at the time of its issue.
Explanation-III. The term “Term Finance Certificate” means a fixed tenure instrument or certificate of a specified denomination called the face value or nominal value issued to raise capital by a body corporate in the form of transferable security.”;
(3) in Article 40, under the headings “Description of Instrument” and “Proper Stamp-duty”, after clause (c), the following shall respectively be inserted:– “(d)
(i) mortgage with banking companies, that is to say, simple or legal mortgage for banking companies or other financial institutions, when the entire finance is not based on interest;
and One-fifth of one percent, that is to say, 0.2% of the loan amount subject to a maximum of one hundred thousand rupees.
(ii) in any other case. One-fifth of one percent, that is to say, 0.2% of the loan amount.”;
(4) in Article 49, under the headings “Description of Instrument” and “Proper Stamp-duty”, for clause (b), the following shall respectively be substituted:– “(b) when payable otherwise than on demand, including a commercial
paper. One-fiftieth of one percent, that is to say, 0.02% per annum of the amount payable.”;
(5) in Article 62–
(a) under the headings “Description of Instrument” and “Proper Stamp-duty”, for clause (b), the following shall respectively be substituted:– “(b) of Debenture or Participation Term Certificate or Term Finance Certificate or any other instrument of redeemable capital (other than Commercial Paper), whether mortgaged or not, being a transferable security, whether liable to duty or not except as provided for by section 8; and One-tenth of one percent, that is to say, 0.1% of the face value of the instrument.”;
(b) after clause (e), under the headings “Description of Instrument” and “Proper Stamp-duty”, the following new clause (f) shall respectively be inserted:– “(f) of a promissory note, including a commercial paper, when payable otherwise than on demand.”.
Nil.
Section 4. Amendment in the Punjab Sales Tax Ordinance, 2000 (II of 2000)
In the Punjab Sales Tax Ordinance, 2000 (II of 2000), in the Schedule, in serial number 2, in sub-serial number (ii), for the words “funded by USAID” occurring after the words “campaign” and before the semicolon, the words and dashes “financed out of funds
provided under a grant-in-aid agreement” shall be substituted.
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CONTENTS 1. Short title and commencement. 2. Amendments in the Court Fees Act, 1870 3. Amendments in the Stamp Act, 1899 4. Amendment in the Punjab Sales Tax Ordinance, 2000
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THE PUNJAB FINANCE ACT 2006
(V of 2006)
CONTENTS
1. Short title and commencement.
2. Amendments in the Court Fees Act, 1870
3. Amendments in the Stamp Act, 1899
4. Amendment in the Punjab Sales Tax Ordinance, 2000
TEXT
1
THE PUNJAB FINANCE ACT 2006
(V of 2006)
[30th June, 2006]
An
Act
to reduce court fee, rationalize certain stamp duties and amend the Punjab Sales
Tax Ordinance, 2000.
Preamble.– Whereas it is expedient to reduce court fee, rationalize certain stamp
duties and amend the Punjab Sales Tax Ordinance, 2000;
It is hereby enacted as follows:–
1. Short title, extent and commencement. – (1) This Act may be called the
Punjab Finance Act, 2006.
(2) It shall extend to the whole of the Punjab.
(3) It shall come into force on the first day of July 2006.
2. Amendments in the Court Fees Act, 1870 (VII of 1870). – In the Court Fees
Act, 1870 (VII of 1870), in Schedule I, in serial number 1, in column 3, under the
heading “Proper Fee”:–
(i) for the words “Eight and a half”, the words “Seven and a half” shall be
substituted; and
(ii) for the words “thirty four thousands”, the words “fifteen thousands” shall
be substituted.
3. Amendments in the Stamp Act, 18 99 (II of 1899). – In the Stamp Act, 1899
(II of 1899), in Schedule I, the following amendments shall be made, namely:–
(1) for Article 6, under the headings “Description of Instrument” and
“Proper Stamp-duty”, the following shall respectively be substituted:–
“6. AGREEMENT RELATING TO
DEPOSIT OF TITLE DEEDS, PAWN
OR PLEDGE, that is to say, any
instrument evidencing an agreement
relating to–
1This Act was passed by the Punjab Assembly on 23 June 2006; assented to by the Governor of the Punjab on 27 June 2006;
and, was published in the Punjab Gazette (Extraordinary), dated 30 June 2006, pages 5027-29.
(1) the deposit of title -deeds or
instruments constituting or being
evidence of the title to any
property whatever (other than
marketable security), or
(2) the pawn or pledge of movable
property, where such deposit,
pawn or pledge has been made
by way of security for the re -
payment of money advanced or
to be advanced by way of loan or
an existing or future debt–
(a) if such loan or debt is
repayable on demand or more
than three months from the
date of the instrument
evidencing the agreement;
(i) in the case of banking
companies or other
financial institutions, when
the entire finance is not
based on interest; and
One-fifth of one percent,
that is to say, 0.2% of the
loan amount subject to a
maximum of one
hundred thousand
rupees.
(ii) in any other case. One-fifth of one percent,
that is to say, 0.2% of the
loan amount.
(b) if such loan or debt is
repayable not more than
three months from the date
of such instrument;
(i) in the case of banking
companies or other
financial institutions, when
the entire finance is not
based on interest; and
One-tenth of one
percent, that is to say,
0.1% of the loan amount,
subject to a maximum of
fifty thousand rupees.
(ii) in any other case. One-tenth of one percent,
that is to say, 0.1% of the
loan amount.”;
(2) for Article 27, under the headings “Description of Instrument” and “Proper
Stamp-duty”, the following shall respectively be substituted:–
“27. DEBENTURE OR
PARTICIPATION TERM
CERTIFICATE OR TERM FINANCE
CERTIFICATE OR ANY OTHER
INSTRUMENT OF REDEEMABLE
CAPITAL OTHER THAN A
COMMERCIAL PAPER (whether or
not a mortgage debenture, a
Participation Term Certificate, a Term
Finance Certificate or any other
instrument of redeemable capital),
being a marketable security
transferable by endorsement or by
separate instrument of transfer or by
delivery.
One-twentieth of one
percent, that is to say,
0.05% of the face value
per annum subject to a
maximum of one million
rupees.
Explanation-I. The term “Debenture”
includes any interest coupons
attached thereto, but the amount of
such coupons shall not be included
in estimating the duty.
Explanation-II. The term
“Participation Term Certificate”
means an instrument or certificate of
a specified denomination called the
face value or nominal value, issued
by a company for raising capital, the
holder whereof participates in the
profit and loss of the company over
such period to such extent and on
such conditions as may be specified
at the time of its issue.
Explanation-III. The term “Term
Finance Certificate” means a fixed
tenure instrument or certificate of a
specified denomination called the face
value or nominal value issued to raise
capital by a body corporate in the form
of transferable security.”;
(3) in Article 40, under the headings “Description of Instrument” and “Proper
Stamp-duty”, after clause (c), the following shall respectively be inserted:–
“(d) (i) mortgage with b anking
companies, that is to say, simple
or legal mortgage for banking
companies or other financial
institutions, when the entire
finance is not based on interest;
and
One-fifth of one percent,
that is to say, 0.2% of
the loan amount subject
to a maximum o f one
hundred thousand
rupees.
(ii) in any other case. One-fifth of one percent,
that is to say, 0.2% of the
loan amount.”;
(4) in Article 49, under the headings “Description of Instrument” and “Proper
Stamp-duty”, for clause (b), the following shall re spectively be
substituted:–
“(b) when payable otherwise than on
demand, including a commercial
paper.
One-fiftieth of one
percent, that is to say,
0.02% per annum of
the amount payable.”;
(5) in Article 62–
(a) under the headings “Description of Instrumen t” and “Proper
Stamp-duty”, for clause (b), the following shall respectively be
substituted:–
“(b) of Debenture or Participation Term
Certificate or Term Finance
Certificate or any other instrument of
redeemable capital (other than
Commercial Paper), wheth er
mortgaged or not, being a
transferable security, whether liable
to duty or not except as provided for
by section 8; and
One-tenth of one
percent, that is to say,
0.1% of the face value
of the instrument.”;
(b) after clause (e), under the headings “De scription of Instrument”
and “Proper Stamp -duty”, the following new clause (f) shall
respectively be inserted:–
“(f) of a promissory note, including a
commercial paper, when payable
otherwise than on demand.”.
Nil.
4. Amendment in the Punjab Sales Tax Or dinance, 2000 (II of 2000).– In the
Punjab Sales Tax Ordinance, 2000 (II of 2000), in the Schedule, in serial number 2,
in sub-serial number (ii), for the words “funded by USAID” occurring after the words
“campaign” and before the semicolon, the words and dashes “financed out of funds
provided under a grant-in-aid agreement” shall be substituted.This law in the library
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emable capital (other than Commercial Paper), wheth er mortgaged or not, being a transferable security, whether liable to duty or not except as provided for by section 8; and One-tenth of one percent, that is to say, 0.1% of the face value of the instrument.”; (b) after clause (e), under the headings “De scription of Instrument” and “Proper Stamp -duty”, the following new clause (
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