Stamp Paper:
Stamp paper is a tax paid to government by public while performing different activities like court cases, tanfer of property ,affidavit etc and the amount paid is used by government to perform different functions in the interest of public.
Stamp
vendor is a Public Servant:
Every person having permission to sell stamp paper is called stamp vendor.Government for specific area appoint stamp vendor to sell stamp paper and to receive a specific commission on the sale of stamp paper. The stamp vendor sells stamp paper and keep record of all the stamp paper sold along with the details or particulars of the persons who purchased stamp paper and he records the details of stamp paper and a brief of the purpose to issue such stamp paper in a specific register issued to him to keep the record of the stamp paper the stamp paper vendor is a public servant as he’s performing duty to sell stamp paper as stamp paper vendor in a specific locality for which he’s issued a stamp paper vendor license to do duty as stamp vendor.
Section
21 of the Pakistan penal code 1860:
Relevant content meaning:
Every officer whose duty is to take. Receive, keep or expand any property on the behalf of government to make any survey, assessment on the behalf of the government or execute any revenue process or to investigate or to a report or perform any public service duty on the behalf of government is a public servant.
Stamp
vendor Duties:
Rule 28 is related to the duties
of stamp vendor and rule 34(ii and iii)
is related to remuneration of the stamp vendor.
He can get commission on court fee and non judicial stamp paper according to the laws and will keep their recode.
Stamp
vendor is a public servant:
Superior court in his order declare that a stamp paper vendor is a public servant and he performs his duty on the behalf of the government and in a case where he violate the law then the stamp vendor must be penalized in a same manner as the law defines for the public servants . The case of stamp vendor in case of misconduct will be tried or proceed under the law in special court.
Case
Law:
1. In case case law,
Crown
vs. Abdul Rahman
PLD 1950 LH 361
To
determine whether a person is officer
(Public servant) or not section21 clause ninth of Pakistan penal code is laid down in the above mentioned case law
2.
Crl.Misc.No.9412-B-2011
In this reported judgment superior court The
Lahore High Court clearly mentioned that the appointment of the stamp paper
vendor made by the District Collector is in term of public servant udder the relevant
law.
The
stamp vendor is appointed under the Punjab stamp rules 1934 in exercising the
power by section 4 of the stamp act 1899 and clauses a, d section 27 and
subsection1 of the section 34 of the court fee act, 1870 by granting the license
to any person.
Brief History of the case:
An
fir was registered against a stamp vendor who applied for pre arrest bail
before sessions court and the concerned court refused to grant him interim pre
arrest bail declaring lack of jurisdiction, the accused then applied pre arrest
bail before high court and same was refused but court give him protective bail
and directed the accused to approach the special court.
Stamp
Vendor License:
A person who sells tickets and non judicial
stamp paper to public and earn commission on it.
Procedure
to Get License of stamp vendor:
A written application is given to district
collector for License of a specific area.
The
district collector on receiving of an application grant License according to
the availability of the vacancy.
How
to write Application for stamp vendor License:
To
the deputy commissioner/District collector sb city ABC.
Subject: Application for License of Stamp Vendor
Dear
Sir,
Respectfully
Sheweth,
1.
It’s humbly prayed that the applicant is resident
of House number……Street number………town.
District……..
2.
That the applicant is an educated person(mentiom here qualification) and continuously
working in district courts since ten (10)
years.
3.
That the applicant is well versed in operating the
computer.
4.
that the applicant in district court regularly writing
different applications, suits,registries,affidavits,
plaints,agreements, contract , and
also have experience of writing
different types of stamps papers.
5.
That the applicant wants to get stamp paper vendor
License to earn money, support his family
and especially to serve the humanity.
6.
That the area where applicant reside is a populated
area but in this area there is no stamp
vendor.
Prayer:
It’s humbly prayed that the stamp vendor
License kindly be issued, so that I can serve the locality
Thanks
anticipation
A………….son
of….B resident of House number………Street number……..Block……Town…district …
Id
card number………….
Mobile…
Stamp paper Vendor License |
Crl.Misc.No.9412-B-2011
In this reported judgment superior court The
Lahore High Court clearly mentioned that the appointment of the stamp paper
vendor made by the District Collector is in term of public servant udder the
relevant law.
The
stamp vendor is appointed under the Punjab stamp rules 1934 in exercising the
power by section 4 of the stamp act 1899 and clauses a, d section 27 and
subsection1 of the section 34 of the court fee act, 1870 by granting the
license to any person.
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