Stamp Act, 1899 — section 2

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 Phulera 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 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: 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.

(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 : [(11) “Duly stamped” means affixation of an adhesive or impressed stamp or e-stamp of not 1 less than the requisite amount and that the stamp has been legally affixed, used or electronically generated,] [(11A) “e-stamp” means a paper printed or partially printed containing a bar code or having 1 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

(c)e-stamp];

(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;

(c)any instrument by which tolls of any description are let;

(d)any writing on an application for a lease intended to signify that the application is granted; [(16A) “Marketable security”. “marketable security” means a security of such a 3 description as to be capable of being sold in any stock market in 4[Pakistan] 5[* * * *:] 1 Subs. & 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.

(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 transfers, 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 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 :

(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 contingency 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 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

(c)for any religious or charitable purpose; 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