Updated: Wednesday April 27, 2016/AlArbia'a
Rajab 20, 1437/Budhavara
Vaisakha 07, 1938, at 03:17:33 AM
The Chemical Fertilizers (Development
Surcharge) Act, 1973
1Act No.XLI OF
1973
[27th June, 1973]
An Act to
provide for the levy and collection of a development surcharge on chemical
fertilizers and for matters connected therewith.
WHEREAS it is expedient to
provide for the levy and collection of a development surcharge on chemical
fertilizers and for matters connected therewith;
It is hereby enacted as
follows:---
1.
Short title, extent and commencement.—(1) This Act may be called the Chemical Fertilizers (Development
Surcharge) Act, 1973.
(2) It extends to the whole
of
(3) It shall come into
force at once.
2.
Definitions. In this
Act, unless there is anything repugnant in the subject or context,---
(a) “company” means any company engaged in the business of
manufacturing chemical fertilizers ;
(b) “development surcharge” means the surcharge payable under
section 3;
(c) “differential margin”, in relation to a chemical
fertilizer, means the amount by which the maximum sale price of that fertilizer
exceeds its maximum retail selling price as in force immediately before the
commencement of the Chemical Fertilizers (Development Surcharge) Ordinance,
1973 (VI of 1973), hereinafter referred to as the said Ordinance, or, as the
case may be, the amount by which its maximum sale price exceeds the aggregate
of its ex-factory price and the incidental charges;
(d) “ex-factory price”, in relation to a chemical fertilizer
produced by a factory, means such ex-factory price of that fertilizer as the
Federal Government may, by notification in the official Gazette, declare to be
the ex-factory price having regard to the cost of production of such factory;
(e) “incidental charges” means the aggregate of the freight by
rail or road and such distribution costs as the Federal Government may, by
notification in the official Gazette, fix;
(f) “landed cost” in relation to any chemical fertilizer, means
the aggregate of c.i.f. value, duties, taxes, fees and other charges payable on
or after the import of that fertilizer into Pakistan;
1For Statement of Objects and Reasons,
see Gaz. of P., 1973 Ext., Pt. III, p. 1093.
(g) “maximum sale price”, in relation to a chemical fertilizer,
means such retail price of that fertilizer, not exceeding 125 per cent of its
landed cost, as the Federal Government may, by notification in the official
Gazette, declare to be the maximum sale price.
3.
Levy of development surcharge.—(1) Subject to the provisions of this Act, every company shall
pay to the Federal Government a development surcharge equal to the differential
margin in respect of a chemical fertilizer produced by it, including a chemical
fertilizer so produced and held instock immediately before the commencement of
the said 1[Ordinance].
(2) Subject as aforesaid,
every stockist shall pay to the Federal Government a development surcharge
equal to the differential margin in respect of a chemical fertilizer held by
him in stock immediately before commencement of the said Ordinance.
4.
Power to grant exemption from payment, authorize refund and procedure for
collection and refund of surcharge.—(1) Subject to such conditions, limitations or restrictions as it
may think fit to impose, the Federal Government may, in such general cases as
it may prescribe by rules or in particular cases by special order, exempt a
company from the payment of the development surcharge in respect of all or any
of the fertilizers or authorise the refund in whole or in part of the
development surcharge paid by a company.
(2) Subject to any rules
made under this Act, the development surcharge shall be collected in the same
manner as a duty of excise leviable under the Central Excises and Salt Act,
1944 (I of 1944), is collected.
5.
Maximum sale price.—(1)
Notwithstanding anything contained in any other law, no company or stockist
shall sell any chemical fertilizer at a price higher than the maximum sale
price.
(2) A contravention of
sub-section (1) shall be deemed to be a contravention of an order made under
the 1[Price-Control and Prevention of
Profiteering and Hoarding Act, 1977 (XXXIX of 1977)], and all the provisions of
that Act, shall have effect accordingly.
6.
Allowance to be made for development surcharge for purposes of income-tax. Notwithstanding anything contained in any
other law, the amount of the development surcharge paid by a company or
stockist under section 3 shall be an expenditure for which allowance is to be
made in computing profits or gains under 1[sub-section (1) of section 23 of the
Income Tax Ordinance, 1979 (XXXI of 1979)].
7.
Power to make rules. The
Federal Government may, by notification in the official Gazette, make rules 2for carrying out the purposes of this Act.
8.
Delegation of Powers. The
Federal Government may, by notification in the official Gazette, direct that
all or any of its powers under this act or the rules made thereunder shall, in
such circumstance and under such conditions, if any, as may be specified in the
direction, be exercised also by an officer or authority subordinate to the
Federal Government.
9. [Repeal.]
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVIIof
1981), s. 3 and Sch., II.
1Subs, by the Federal Laws (Revision and
Declaration) Ordinance 1981 (27 of 1981). s. 3 and Sch., II.
2For. the Chemical Fertilizers
(Development Surcharge) Rules, 1973, vide S.R.O. No. 1011(l)/73, dt. 6-7-73,
see Gaz. of P., 1973 (Ext.) (
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