Amendment status not verified — confirm the current text below against the official source.
FURTHt::R CHARGE- Instrument of, that is to say, any instrument imposing a futher charge on mortgaged property- (a) when the original mortgage is one of tbe description refer- red to in clause (a) of ,\rticle No.40 (that is, with pos~es sion) ; Five rupees. Seven hundred and fift}' rupees. Five hundred rupees. The same duty as a conveyance (No.23) for a consideration equal to the value of the property of greatest value as ~et forth in such instrument. Tlte sarne duty as a conveyancr (No.23) for a consideration equal w 11tc amoum of the further charge secured by ~u c h justrument. ' 313 (Schedule /) llc:scn!Jlion ul I USi flllUUll !'roper starnp-duty II) (2) (b) when :.tt< .. h u1onga~e b om; of Llll: d<.::,cripLion rcll;rrcd to itJ cl,msc (b) of Atticlc No.40 (that i:,, wiihoul posscs~io tr)- (i) il"ut the tum: of cX('Ctttiun ofti,c instrument uf l .1 !her dutg(' P?:;se::;~ion ul' Lire prnpt.rL}' is g1vcu ur Hg!'tl'U to IJc gi \'Cll ttndct ~udr iustrumcltl. Tl.c same duly as a conveyance (I\ CJ.23) for a considern tion cy ual to the total amount of the chargc including the original mortgage and an) further charge already mack), less the dnty ulready paid on such nriginal mortgage and fur- ther charge. (ii) if posses~:ion is not Ml givcn Th~:. same dul) a::. Hom.l (:'\u.15) lor tl1e amrJttnt of the further charge set nrcd b) sueh imtnuncnt. :n. GrFl- ln:,trumcllt 01; not hciug a tLielltt:llt (Nu . .SU) n1 \Vii! ur 'l'ran~kr (l\o.G2). HIRING !\(JR.C.E~IEN'l or ,l;.;rcCillt:nt lor ·ce, .S'ee /\grcemull (No.!>). J-4. l NoEMNlTY Bor-;o {1\:; t •Gt:l'OR~lHI' Dl:.l:ll. ~ i tion-Dl'cd (:\o.~~). :~5. L:.:.sL, im· ! ndi!l~~ <.!It ttnderka~~. or sub-lca~c and •til}' <•gn:cnJr=.ll to kt 01 ::;ub- lel- (a)wlttTt: b} ,wl1 !e.t~c tltl' H:lll i:, n~ed and no pruninm i, pcaid or deliy,·rccl- (i) witcH· tl~t · k ,c pnrpt\J'I;. lo ht: fut a liTUJ ot· lc , lltan vnc yt·ar ; (i1) wlren: lha· l.·c~se pmpoll,; to l1e fin· a lt rm t•f trill lc:;s than t>llt: year 1>111 lh>l nt••n· lh<~P !ave year.> ; (iii) where the k<t~c ptrrports tu he 1;·1 it tCrlil txc(:cding h•c )1'.1r~ .lttd IIPl 1 X( ceding ten \(,U'• ; l'ho.:: s1.mc duty a:. a conveyance (l':o.n) for a ct111sidcralion equal to 1 hc \·alue 0f the property as set fort!J in ~~u ll imtrumcnt. l'he same d uty as a :;c<:urity Bond (:'\o.5 7) for the same amount. l'he !•amc duly as a Bottomry lionel (1\u.ltl) for the wbolc <tmount pay- uhk 01 tlcliH-rablt: uudcr suclr lca~c. 'i he ~·.au.t· du ty ~s a Boltonny Bond ( .'\o.l i.) Jut rl:c .11no11 n 1 or va luc of tlrt: ;\\ t·r;•gl' ;mnual 1 cnt rl'scrvnl. J h, '-<IIlii' dnly ;r-; ;, conveyance (~o.'2 3 ) lor a < o11sidcration t'<f''''l to the <tJlto•nH nr vulue of the aver<~tr~ ,, 11111 u:. I 1· JJI r 1 ·set vecl. J 314 (Schedule I) Description of instrument (1) (iv) where the lease purports to be for a term exceeding ten years, but not exceeding twenty years ; (v) where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years ; (vi) where the lease purports to be for a term exceeding thirty years, but not exceeding one hundred years ; (vii) where the lease purports to be for a term exceeding one hun- dred years or in perpetuity ; (viii) where the lease does not purport to be for any definite term; (b) where the lease is granted for a fine or premium, or for money advanced and where no rent is reserved ; (c) where the lease granted for a fine or premium, or for money advanced in addition to rent reserved ; Proper stamp-duty (2) The same duty as a (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved. The same duty as a conveyance (No.23) for a consideration equal to three times the amount or value· of the average annual rent reserved. The same duty as a conveyance (No.23) for a consideration equal to four times the amount or value of the average annual rent reserved. The same duty as a conveyance (No.23) for a consideration equal in the case of a lease granted solely for agricultural purposes to one· tenth and in other case to one-sixth of the whole amount of rents which would be paid or delivered in respect of the first fifty years of the lease. The same duty as a conveyance (No.23) for a consideration equal to three times the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease conti· nued so long. The same duty as a conveyance (No.23) for a consideration equal to the amount or value of such fine or premium or advance as set -tnrth "'~ in the lease. The same duty as a conveyance (No.23) for a consideration equal to the amount or value of such fine or premium, or advance as set forth in the lease, in addition to the duty which would have been payable on such lease, if no fine or premium or advance had been paid or deli· vered : Provided that, in any case when an agreement to lease is stamped with the advalorem stamp required for a lease, and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shaH nort exceed twelve annas. 315 (Schedule D Description of imtrument (I) Exemption (a) Lease, executed in the case of a cultivator and for the pur- poses of cultivation (including a lease of trees for the produc- tion of food or drink), without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year, or when the average annual rent reserved does not exceed one hundred rupees. In this exemption a lease for the purpose of cultivation shall include a lease of lands for cultivation together with a homestead or tank. (b) Lease of fisheries granted under the Burma Fisheries Act, 1905 (Burma Act III, 1905), or the Upper Burma Land and Revenue Regulation, 1889 (III of 1889). Explanation.- When a lessee under- to pay any recurring charge, such as ~:nuPrr'""'"nt revenue, the landlord's share or the owner's share of municipal or taxes, which is by law recoverable the lessor, the amount so agreed be paid by the lessee shall be deemed to part of the rent.