001122

THE SINDH GOVERNMENT GAZETTE
Karachi, Wednesday, November 22, 2000
Part I
GOVERNMENT OF SINDH
LAW DEPARTMENT

NOTIFICATION
Karachi, the 22nd November, 2000

No. S.LEGIS: 1(15)/2000 The following Ordinance made by the Governor of Sindh is hereby publish for general information:-

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

WHEREAS it is expedient to amend the Stamp Act, 1989 in its application Preamble to the Province of Sindh, in the manner hereinafter appearing;

AN WHEREAS the Provincial Assembly stands suspended in pursuance of the Proclamation of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999.

AND WHEREAS the Governor of Sindh is satisfied that circumstances exist which render it necessary to take immediate action.

NOW, THEREFORE, in the pursuance of the aforesaid Proclamation and the Provisional Constitution Order read with Provisional Constitution (Amendment) Order No. 9 of 1999, instructions of the Chief Executive and in exercise of all powers enabling him in that behalf, the Governor of Sindh is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement:
(1) This Ordinance may be called the Stamp (Sindh Amendment) Ordinance, 2000.
(2) It shall come into force at once.

2. Addition of section 27B, in Act II of 1899:
In the Stamp Act, 1899, in its application to the Province of Sindh, hereinafter referred to as the said Act, after section 27-A, the following new section shall be added:-

"27-B. Where any conveyance deed executed in pursuance of a power of attorney is presented for registration, the registering authority shall before registering the deed, satisfy itself by the documentary evidence that the sale consideration has been paid to the original owner and executant of the power of attorney, otherwise the power of attorney shall be deemed to be a power given for consideration and shall unless already stamped according to Article 48 of Schedule I, be impounded and sent to the Collector for adjudication and recovery of proper duty under section 27-A."

3. Addition of section 40-A, in Act II of 1899:
"40-A (1) Where on examination of a copy of an instrument or otherwise it is detected that a particular instrument is not duly stamped, the matter shall be reported to the Collector.

(2) On receipt of a report under sub-section (1), the Collector all by notice require the person who is liable to pay the proper duty to produce the original instrument before him within the period specified in the notice.

(3) The Collector shall, on receipt of the original instrument under sub-section (2) or copy of such instrument or otherwise, notwithstanding anything contained in this Act, deal with the instrument or make order in respect thereof as provided in section 40."

4. Amendment of section 73 in Act II of 1899:
In the said Act, section 73 shall be re-numbered as sub-section (1) of that section and thereafter the following sub-section (2), shall be added:-

"(2) Where any person obstructs the Collector or any person acting on his behalf in the discharge of his functions under this Act, or conceals the correct information, as aforesaid the Chief Revenue Authority may impose on such person a penalty which may extend to twenty thousand rupees to be recovered by the Collector as arrears of land revenue."

Karachi: Dated: 20th November, 2000.

Sd/-
MOHAMMEDMIAN SOOMRO
Governor of Sindh

SAYED GHULAM NABI SHAH
Secretary to Government of Sindh