ACT II OF 1995

4th July, 1995

An Act to rationalize, levy and enhance the rates of certain taxes in the
Province of Balochistan

No.PAB/LEGIS.V(20)/95, dated 4-7-1995.—The Balochistan Finance Bill, 1995 having been passed by the Provincial Assembly -on 26th June, 1995 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly.

Preamble.–Whereas it is expedient to rationalize, levy and enhance rates of certain taxes levied in the Province of Balochistan in the manner hereinafter appearing;

It is hereby enacted as follows:–

1. Short title, commencement and extent.–(1) This Act may be called the Balochistan Finance Act, 1995.
(2) It shall come into force at once and shall be deemed to have taken effect from 1st day of July, 1995.
(3) It shall extend to whole of Balochistan except the Tribal Areas.

2. Amendment of Schedule I of Act XII of 1899.–In Schedule I of the Stamp Act, 1899 (XII of 1899), shall be made, namely:

(1) For Article I, the following shall be substituted:–
“1. ACKNOWLEDGEMENT of a debt exceeding twenty rupees in amount of value, written or signed by, or on behalf of a debtor in order to supply evidence of such a 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 or value does One Rupee
(b) where such amount exceeds Rs.100 Two Rupees.”

(2) For Article 13, the following shall be substituted:–

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. For every thousand Rupees Rs.5
(b) Where payable more than one year after date or sight. One-half of the duty payable on Article 15 for the same amount.”

(3) For Article 15, the following shall be substituted namely:–

15. BOND as defined by section 2(5) not being a DEBENTURE Article and not being otherwise provided for by this Act, or by the Court Fees Act, 1870. For every rupees five hundred or part thereof twenty rupees.”

(4) For Article 22-A, the following be substituted namely:–
22-A. A CONTRACT, that is to say, any instrument in the nature of memorandum or agreement made or entered into by a contractor with the Government, Corporation, Local Body, Local Authority, Commercial or Industrial concern whether singly owned or run through partnership body registered under the Companies Act, a cooperative society or any other organization/contractor to execute any works or procure stores and materials. Twenty-five paisa for every hundred rupees or part thereof of the amount of 4 contract .*

(5) In Article 23, at the end of following figures and words shall be omitted:–

“3/23. Conveyance as defined by section 2(10) not being a transfer charged or exempted under No.62.
(a) In the case of Agricultural land. Rupees three for every Rs.100 or part thereof of value of land.
(b) In any other case, Five rupees for every rupees hundred or part thereof of the value of property.”

(6) In Article 31, at the end of the following figures and words shall be omitted:–

“4/3. EXCHANGE OF PROPERTY INSTRUMENT OF.
(a) When executed in respect of Agricultural land.
One rupee for every rupees one hundred or part thereof of the value of property.
(b) In any other case. Five rupees for every rupees one hundred or part thereof of the value of the property.”

(7) In Article 33, at the end the following figures and words shall be omitted:–

‘S.33. GIFT–Instrument of not being a Settlement (No.58) or Will, or Transfer (No.62)–
(a) When executed in favour of legal heirs in respect of Agricultural land. One rupee for every rupees one hundred or part thereof of the value of the property as set forth in such instrument.
(b) In any other case Five rupees for every rupees one hundred or part thereof of the value of the property”.

(8) For clause (c) of Article 40, the following shall be substituted:–
“(c) When a collateral or auxiliary or additional or substituted security, or by way of further assurance for the abovementioned purpose where the principal or primary security is duly stamped–
for every sum secured not exceeding rupees one thousand Twenty rupees.
and for every Rs.1,000 or part thereof secured in excess of Rs.1,000 Twenty rupees.”

(9) For Article 48, the following shall be substituted namely-.-

’48. POWER OF ATTORNEY as defined by section 2(21) not being a proxy Article 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 documents. Rupees Twenty
(b) When authorising one person or more to act in a single transaction other than the case mentioned in clause (a); Rupees Fifty
(c) When authorising not more than five persons to act jointly and severally in more than one transaction or generally; Rupees two hundred.
(d) When authorised more than five but not more than ten persons to act jointly and severally in more than one transaction or generally; Rupees five hundred.
(e) In any other case Thirty rupees for each person authorised”.

(10) For Article 49, the following shall be substituted namely:–

“49. PROMISSORY NOTE as defined by section 2(22).

(a) When payable on, demand–
(i) Upto Rs.2,50,000. Rupees fifty.
(ii) Exceeding Rs.2,50,000. Rupees hundred.
(b) When payable otherwise than on demand. The same duty as on a Bill of exchange Article for the same amount payable otherwise than on demand.”

(11) For Article 53, the following shall be substituted namely:–

“53. RECEIPTS as defined by section 2(23) for any money or other property the amount or, value of which exceeds twenty rupees:
(a) where the amount or value does not exceed Rs.100; Rupee one
(b) where the amount or value exceeds Rs.100; Rupees Two.”

(12) After Article 65th, following new Article shall be added, namely:–

“66. RECOVERY OF OCTORI/ZILA TAX THROUGH CONTRACTOR that is to say any instrument in nature of a memorandum or agreement made or entered into by a Contractor with Government Corporation Local Body, Local Authority Commercial or Industrial concern whether singly owned or run through partnership, whether registered or not under the Companies Law a Cooperative Society or any other Organization to collect the Octori or Zila Tax. Rupees one per hundred or part thereof of the contract amount.”

3. Amendment of Schedule to West Pakistan Act XXXII of 1958.–In the Schedule the Balochistan Motor Vehicles Taxation Act, 1958, the following amendments shall be made, namely:–

(i) Against clause (d) of S.No.3 for the figures oblique and dash Rs.528,
the figures oblique and dash Rs.600, shall be substituted.

(ii) Against clause (c) of S.No.3 for the figures oblique and dash Rs.792,
the figures oblique and dash Rs.900, shall be substituted.

(iii) Against clasue (f) of S.No.3 for the figures oblique and dash Rs.1,584,
the figures oblique and dash Rs.1,800, shall be substituted.

(iv) Against clause (e) of S.No.3 for the figures oblique and dash Rs.330,
the figures oblique and dash Rs.450, shall be substituted.

(v) After S.No. 7 the following new Serial Number shall be inserted namely:-_
“8. H.Tv. Trucks exceeding 15000 K.g. not exceeding 23200 K.g. Rs.2.800
9. H.Tv. Trucks exceeding 23200 K.g. Rs.3,200
10. Tractor Trolley for commercial use. Rs.400”

4. Amendment of section 12 of West Pakistan Act I of 1965.—After clause (ii) of subsection (1) of section 12 of the Balochistan Finance Act, 1965, the following new clause shall be inserted:–

“(iii) In the case of hotel the daily rent of which exceeds Rs.500 per day per lodging unit. Rs.20 per day per lodging unit.”