1.   This  Act  may  be cited  as  the Stamp  Duty  Act,  2017 and  shall  come  into operation  upon bei_ng assented  to by the President.

2.     l n th is Act u n less the context otherwise  requires:

"acknowledgement" means a note of acknowledgement  whereby  any debt or demand or any part thereof is ei ther acknowledged to have been created or

i s discharged  or satisfied  as the case may be;

"affixed" in relation  to a n adhesive  stamp,  means securely  fixed by means of an adhesive paste;

"applicant" means a  person  who applies  for  an agreement of   composition under this Act and i nc ludes his personal representatives and atlorneys;

"arms  length''  means  an  internationally   accepted   and  preferred  basis  for determining the transfer  price or l:l transaction berweer. associated  persons.

"attested" means countersigned by the Competent  Authority  i n the prescribed manner i n token of due payment  of the stamp duty;

"authorized officer" means any offtccr authorized under the provisions  of this Act by the Commissioner or any other authority  empowered to do so,  to carry out any function  under the provisions of thi s Act;

"banker" a nd "bank" include  any corporation, society,  pat1nership  or  person carry ing on the business of banking in Zanzibar;

"Bill of  Exchange'· includes  a draft,  order, cheq ue, letter  of  credit  and  any other document entitl ing or purporting to entitle any person w hether na med therein or not to pay ment by any other person of. or to draw upon any other person  for, any sum of money;

"Bill  of Lading"  includes any  receipt  given  in lieu thereof  from   the master, mate,  owner  or  agem of  a n y vessel  and  is  not  to  be stamped  after  the execut i on thereof.

"business" includes any activity carried on with a view to profi t or gain and also includes  trade, commerce, or manufacture of goods;

"cert ificate of no objection" means a certificate    issued  by tht  Commissioner under this Act to certify the value of any property intended  to be sold;

"chargeable" means  cha rgeable  to stamp  duty  under  this Act or  chargeable under  any  other  l aw in force  in Zanzibar  a t  the releva n t  time  before  the commencement of this Act;

"charging rates" mea ns the rate imposed  under section 3 of the Act;

"charter-party" includes a ny agreement  or contract for the charter of any vessel or aircraft or any memorandum, letter or other writing  between the captain, master, owner or agent of any vessel and any other person for,  or relating to the freight or con veya nce beyond Zanzi bar of a ny money,  goods or effects on boa rd of such vessel;

"cheque'' means a bill of exchange drawn on a specified  banki ng establ ishment and is payable on demand and not otherwise;

"Commissioner"'  means  the Commissioner  for  Zanzibar Revenue   Board  or any person to whom the Commissioner has delegated any of the functions tmder this Act;

''Conveyance" includes a conveyance on sale and  every instrument by which property whether movable or immovable is transferred by voluntary disposition   and which is not specificall y provided for by the Schedule under this Act; and also a decree or order for or having the effect of an order for foreclosure;

"competent authority" means the officer appointed by the Government to exercise the powers of Competent Authority under this Act. by whatever designation;

''company" includes a compa ny incorporated in Zanzibar or if incorporated outside Zanzibar, registered with the Executive Director of Business and Property Registration Agency Zanzibar;

"Court" means a court of law having jurisdiction over the area where the taxpayer or the person concerned normally resides or carries on his business or profession;

"defaulting taxable person" means a taxable person who fails to pay the stamp duty chargeable under this Act, within the prescribed time and in  the prescribed manner;

"designated appellate authority'' means an appellate tax authority as established by an Act enacted by the House of Representatives;

"duly stamped" means that the instrument bears an adhesive or impressed stamp of not Jess than the proper amount and that :;uch stamp has been cancelled and attested in the prescribed manner;

"duty" means any duty leviable by means of stamps under this Act or any other enactment;

"date of acquisition'·means. in the case of the acquisition of property by way of a transaction, the date on which the transaction was entered into, irrespective of whether the transaction was conditional or not or was entered into for the benefit of a company already registered or on behalf of a company still to be registered and, in the case of the acquisition of property otherwise than by way of a transaction, the date upon which the person who so acquired the property became entitled to claim it;

"executed" and "execution" when used with reference to instruments means signt:d and sealed  respectively;