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PROVINCIAL ASSEMBLY OF SINDH

NOTIFICATION
KARACHI, THE 15TH JULY, 2020

NO.PAS/LEGIS-B-07/2020-The Stamp (Sindh Amendment) Bill, 2020 having been passed by


the Provincial Assembly of Sindh on 29th June, 2019 and assented to by the Governor of Sindh on
07th July, 2020 is hereby published as an Act of the Legislature of Sindh.

THE STAMP (SINDH AMENDMENT) BILL, 2020

SINDH ACT NO. X OF 2020

AN
ACT

to amend the Stamp Act 1899, in its application to the Province of


Sindh.

WHEREAS it is expedient to amend the Stamp Act 1899, in its Preamble.


application to the Province of Sindh, in the manner hereinafter appearing;

It is hereby enacted as follows:-

1. (1) This Act may be called the Stamp (Sindh Amendment) Act, 2020. Short title and
commencement.
(2) It shall come into force at once.

2. In the Stamp Act, 1899, hereinafter referred to as the said Act, in Amendment of section
section 2 – 2 of Act No.II of 1899.
(a) after clause (7), the following new clause shall be inserted as
under:-

“(7A) “Chief Revenue Authority” shall have the same


meaning as assigned to it under clause 9(a) of the General
Clauses Act,1897 (Act No.X of 1897);”;

(b) for clause (11), the following shall be substituted:-]

“(11) “duly stamped” means affixation of an adhesive or


impressed stamp or e-stamp of not less than the requisite
amount and that the stamp has legally been affixed, used or
electronically generated;”

(c) after clause (11), the following clause shall be inserted:-

“(11A) “e-stamp” means wholly or partially printed paper


containing a bar code and/or unique identification code or such
other information, as may be prescribed by the rules, to be
generated and printed, on payment of chargeable stamp duty to
be deposited in the account of the Provincial Government;”;

(d) in clause (12), after the word “signature” appearing at the end,
the following proviso shall be added:-
“Provided that the electronically generated instruments not
requiring signature which are accepted or the obligation
whereof are performed in such a manner in a routine business
practice, shall be deemed to have been executed for the
purpose of stamp duty.”;

(e) in clause (13), in sub-clause (b), the word “and” at the end
shall be added and thereafter the following new sub-clause
shall be added:-

“(c) an e-stamp;”;

(f) for clause (14), the following shall be substituted:-

“(14) “Instrument” includes every document by which any


right or liability is, or purports to be, created, transferred,
limited, extended, extinguished or recorded and also includes
any other instrument in electronic form.”.

3. In the said Act, in section 10 - Amendment of section


10 of Act No.II of 1899.
(i) in sub-section (1), except the proviso, after the word “stamps”,
the words “or e-stamps” shall be inserted; and

(ii) in sub-section (2), in clause (a), after the word “stamps”, the
words “or e-stamps” shall be inserted.

4. In the said Act, after section 32, the following new section shall be Insertion of section 32-
inserted:- A in Act No.II of 1899.

“32-A. Certificate of designated officer.- An officer designated by


the Chief Revenue Authority shall, by notification in the official
gazette, issue a certificate as to the genuineness or otherwise of an e-
stamp for the purpose of evidence in legal proceedings.”.

5. In the said Act, in section 40 – Amendment of section


40 of Act No.II of 1899.
(a) in sub section (1), in clause (b), the word “five rupees, or if he
thinks fit” and the words in last line “whether such amount
exceeds or fall short of five rupees” shall be omitted.

(b) after sub-section (3), the following shall be inserted:-

“(4) Where any person fails to pay the proper stamp duty
together with a penalty as required under sub-section (1) (b),
even after the expiry of a period of thirty days, shall be liable
to pay a surcharge of two percent per month of the total deficit
stamp duty.”.

6. In the said Act, after section 40-A, the following new section shall be Insertion of section 40-
inserted:- B in Act No.II of 1899.
“40-B. Appeal against the order passed under section 40. (1) An
appeal shall lie to the Chief Revenue Authority within thirty days
against the order passed by the Collector or Chief Inspector of Stamps
under section 40 (1) (b).
(2) An order shall not be confirmed, modified or reversed in appeal
unless reasonable notice has been given to the parties affected thereby
to appear and be heard in support of or against the order appealed
from.

(3) An appeal shall not operate as a stay of proceedings under the order
appealed from, except so far as the appellate authority may order, nor
shall execution of any order be stayed by reason only of an appeal
having been made, but the appellate authority may, for sufficient
cause, order a stay of execution of any such order.

(4) The order passed in appeal shall be final and no further appeal
shall lie.

7. In section 48, the existing provisions shall be numbered as sub-section Amendment of section
(1), and thereafter the following shall be added:- 48 of Act No.II of 1899.

“(2) The Chief Inspector of Stamps shall have and exercise the
powers of the Collector as defined in the Sindh Land Revenue Act,
1967.”

8. In the said Act, in section 62 – Amendment of section


62 of Act No.II of 1899.
(a) in sub-section (1), for the words “five hundred rupees” the
words “ten thousand rupees or twenty percent of the deficit
duty” whichever is higher shall be substituted;

(b) in sub-section (2), for the words “five hundred rupees” the
words “ten thousand rupees” shall be substituted.

9. In the said Act, in section 73 – Amendment of section


73 of Act No.II of 1899.
(a) in sub-section (1), after the word “proceedings”, the words “or
electronic data” shall be inserted;

(b) after sub-section (3) following shall be added:-

“(4) The officer authorized under sub-section (1) shall issue a


notice of inspection to the public officer for providing the
registers, books, records, papers, documents or electronic data
mentioned under sub-section (1).

(5) A public officer shall, as and when required by the


authorized officer, produce all the records or documents
including access to the electronic data kept or maintained.

(6) The authorized officer shall conduct inspection and


issue inspection memo pointing out the instruments not duly
stamped or any other contravention of the Act or Rules, as the
case may be, and the amount of deficit or evaded duties on the
basis of inspection of such record to the concerned public
officer.
(7) The public officer shall within a period of seven (7) days of
the receipt of inspection report, submit his observation in
writing.

(8) If, within the period prescribed under sub-section (7)


no reply has been received or the reply furnished by the public
officer is found unsatisfactory, the authorized officer shall
submit to the Chief Inspector of Stamps, an inspection report
specifying the instruments not duly stamped and the deficit
amount of stamp duties.

(9) The provisions of section 34 shall not be applicable


during inspection authorized under this section.”.
________

BY ORDER OF THE SPEAKER


PROVINCIAL ASSEMBLY OF SINDH

G.M.UMAR FAROOQ
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH

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