Preamble

1. Short title, commencement and extent
2. Definitions
3. Tax on Bank Cheques
4. Tax on Advertisement on Electronic Media
5. Trade Tax on Business/Services
6. Registration of Business Houses/Firms
7. Excise Duty on Courier Services
8. Telephone Duty
9. Determination of the Category
10. Bar of suit in Civil Court
11. Surcharge on Octroi
12. Recovery of Surcharge
13. Power to make Rules
14. Amendment of Schedule I of Act II of 1899

THE
BALOCHISTAN FINANCE
ACT, 1996
ACT IV OF 1996

7th July, 1996

An Act to levy certain taxes in the Province of Balochistan

No. PAB/LEGIS. V.(28)/96 dated 7-7-1996.–The Balochistan Finance Bill, 1996 having been passed by the Provincial Assembly on 26th June, 1996 and assented to by the Governor of Balochistan, is hereby published as an Act of Provincial Assembly.

Preamble.–Whereas it is expedient to levy certain taxes 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, 1996.
(2) It shall come into force at once and shall be deemed to have taken effect from 1st day of July, 1996.
(3) It shall extend to the whole of Balochistan except the Tribal Area.

2. Definitions.–In this Act, unless the context otherwise requires:
(a) “Government” means the Government of Balochistan;
(b) “Prescribed” means prescribed by rules made under this Act; and
(c) “Person” includes any authority, agency, society or association of persons

3. Tax on Bank Cheques.–(1) There shall be levied a tax at the rate of paisa fifty per cheque presented for transaction in all the Commercial Banks carrying on business in the province.
(2) The tax shall be collected by the respective banks at the time of issue of cheque books and deposited with the Government in the prescribed manner.

4. Tax on Advertisement on Electronic Media.–(1) There shall be levied and collected a tax at the rate of five percent. on the advertisement charges paid to the management of Radio and Television Centers located in the Province.
(2) The tax shall be collected by the Officer-Incharge of such centres or any other Officer subordinate to or authorized by him. The tax so collected shall be paid to the Government in the prescribed manner.

5. Trade Tax on Business/Services.–(1) Person running Jewellery Shop, Garment/Boutique Shop, General Store, Foot Wear Shop, or dealing with Electrical/Electronics Appliances in any manner or running a Marriage Hall or Tent Services within the limits of a Municipal Corporation, Municipal Committee, a Town Committee or Cantonment Board shall be charged a trade tax per annum at the rate mentioned below as per category determined by the prescribed authority in the prescribed manner:
CATEGORY ANNUAL TAX
A Rs.3,000
B Rs.2,000
C Rs.1,000

(2) The unpaid amount of trade tax shall be recoverable as arrears, of land revenue.

6. Registration of Business Houses/Firms.–(1) No person shall engage as a Video Cassettes Trader, Motor Vehicle Dealer or a Real Estate Agent unless it is registered in the prescribed manner and a valid registration certificate issued by the registering authority appointed in this behalf, provided that an existing Video Cassettes Trader, Motor Vehicle Dealer or Real Estate Agent already in the business on the date of coming into force of this Act may, without registration, continue to function, if such Trader or Dealer or Agent has applied for registration within sixty days of the commencement of this Act and his application for registration has not been rejected.
(2) A Video Cassettes Trader whether operating as wholesale dealer, retailer or lender of such cassettes pay a registration fee and an annual tax at rates mentioned below as per categorization made by the prescribed authority in the prescribed manner:
Category Registration Fee Annual Tax
A Rs.3,500 Rs.2,500
B Rs.2,500 Rs.1,500
C Rs. 1,500 Rs.1,000

(3) A person engaged as Motor Vehicle Dealer or Real Estate Agent will be charged Registration Fee of Rs.7,000 and an annual Tax of Rs.2,500.
(4) A person dealing in business in contravention of the provisions of this section shall be liable to fine which may extend to four times the Registration Fee leviable in his case.
(5) A tine under subsection (4) shall be levied only after giving concerned person an opportunity of being heard.
(6) Any amount of Registration Fee, annual tax or penalty which remains unpaid, shall be recoverable as arrears of land revenue.

7. Excise Duty on Courier Services.–(1) There shall be levied and collected an Excise Duty on Courier Services functioning within the limits of Municipal Committee, Town Committee or Cantonment Board, at the rate of 10% of the courier charges paid to the management of Courier Service by the private customers.
(2) The Excise Duty shall be collected by the Manager or a person authorised by him and paid to the Government in the prescribed manner.

8. Telephone Duty.–(1) There shall be levied and collected a Duty at the rate of 2% of telephone consumption charges, exclusive of any federal taxes from private consumers in this province.
(2) The Duty shall be collected by the General Manager, Pakistan Telecommunication Corporation or his authorised Revenue Officer and paid to the Government in the prescribed manner.

9. Determination of the Category.–The determination of the categories in respect of sections 5 arid 6 wherever needed, shall be made by the authority prescribed by the Government of Balochistan after taking prescribed declaration tendered by such person within sixty days of the commencement of this Act.

10. Bar of suit in Civil Court.–No suit shall lie in any Civil Court to set aside or modify, any assessment levy or collection of a tax, fee or duty made under this Act and rules made thereunder.

11. Surcharge on Octroi.–(1) There shall be levied a surcharge on Octroi at the rate of 5% of the contract amount to be paid by all the Octroi Contract at the rate of 5% of the contract amount to be paid by all the Octroi Contracts of the Local Councils in Balochistan.
(2) The Tax shall be paid by the contractors in the manner to be prescribed by the Government.

12. Recovery of Surcharge.–The unpaid amounts of surcharge shall be recoverable as arrears of Land Revenue.

13. Power to make Rules.–The Government may make rules for carrying into effect the purposes of this Act and such rules may among other matters, prescribed procedure for the assessment, collection and payment of any tax, fee or duty or imposition of any penalty or surcharge under this Act, in so far as such procedure is not provided for in this Act.

14. Amendment of Schedule I of Act II of 1899.–In Schedule I of Stamp Act, 1899 (II of 1899), the following amendments shall be made, namely:–
(1) For Article 5, the following shall be substituted, namely:–

“5 AGREEMENT OR MEMORANDUM OF AN AGREEMENT
(a) If relating to the sale of a bill of exchange Ten rupees.
(b) If relating to the sale of Government security. Rupee one for every rupees ten thousand or part thereof of value of the security, subject to the maximum of two hundred rupees.
(c) If relating to sale of share in an incorporate or other body corporate. Two rupees for every rupees five thousand or part thereof of the value of share.
(d) If not otherwise provided. One hundred rupees”.

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

“10. ARTICLES OF ASSOCIATION OF A COMPANY
(a) Where the Company has no share capital or nominal share capital does not exceed Rs.2,500. One thousand Five hundred rupees.
(b) Where the nominal share capital exceeds Rs.2,500 but does not exceed Rs. 1,00,000. One thousand rupees.
(c) Where the nominal share capital exceeds Rs.1,00,000 but does not exceed Rs.10,00,000. Two thousand rupees.
(d) Where the nominal share capital exceeds Rs.10,00,000. Five thousand rupees.”

(3) For Article 27, the following shall be substituted, namely:–

“27. DEBENTURE, PARTICIPATION TERM CERTIFICATE

(Whether a mortgage or not) being marketable security transferable–
(a) by endorsement of separate instrument of transfer. The same duty as is leviable Bond (No. 15).
(b) by delivery. For every rupees five hundred part thereof of the face value of the debenture rupees eighteen.”

(4) For Article 39, the following shall be substituted, namely:–

“39. MEMORANDUM OF ASSOCIATION OF A COMPANY
(a) If accompanied by articles of association under sec*tion 35 of the Companies Ordinance, 1984. One thousand rupees.
(b) If not accompanied. Two thousand rupees.”

(5) For Article 43, following shall be substituted: namely:–

“43. NOTE OR MEMORANDUM sent by broker to his principal intimating the purchase or sale of account of such principal–
(a) of any goods exceeding in value twenty rupees. Four rupees
(b) of any stock or marketable security exceeding in value twenty rupees, but not being a Government Security. Fifty paisa for every Rs.5,000 or part thereof of the value of the stock or security.
(c) of a Government security. One rupee for every Rs.10,000 or part thereof of the security subject to a maximum of two hundred rupees.”

(6) For Article 46, the following shall be substituted, namely:–

“46. A PARTNERSHIP OF
(a) Where the capital of the partnership does not exceed rupees five hundred One hundred rupees
(b) In any other case. One thousand rupees.
(c) DISSOLUTION. Five hundred rupees”.

(7) 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 single transaction or for admitting execution of one or more such documents. Thirty rupees.
(b) When authorizing one person or more to act in a single transaction other than the case mentioned in clause (a). One hundred rupees.
(c)When authorizing not more than five persons to act jointly and severally in more than one transaction or generally. Three hundred rupees.
(d) When authorized more than five but not more than ten persons to act jointly and severally in more than one transaction or generally. One thousand rupees.
(e) When give for consideration and authorized attorney sell any immovable property. The same duty as is leviable on a Conveyance (No.23) for the amount of consideration.
(f) In any other case. Forty rupees for each person authorized.”

(8) For Article 54, the following shall be substituted, namely:—

“54. RECONVEYANCE OR MORTGAGE PROPERTY
(a) If the consideration for which the property was mortgaged does not exceed rupees 1,000 The same duty as is leviable on a Bond (No.15) for the amount of such consideration set fourth in re-conveyance deed.
(b) In any other case. Five hundred rupees.”

(9) For Article 57, the following shall be substituted; namely:–

“57. SECURITY BOND OR MORTGAGE DEED

Exceed by way of security for due execution of an officer, or to account for money or other property received by virtue thereof or executed in favour of a Court for due discharge of a contingent liability or executed by a surety to secure the performance of it contract:
(a) When the amount secured does not exceed Rs.100 The same duty as on a Bond (No. 15) for the amount secured.
(b) In any other case Rs.100
(c) Guarantee/Security Bond to be given to the Banks/Financial Institutions. Two hundred rupees.”