The North-West Frontier Province Finance Ordinance, 2002


NOTIFICATION
29th June, 2002.
No. LEGIS:l (14)/73-V/5070.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:-


THE NORTH-WEST FRONTIER PROVINCE FINANCE ORDINANCE, 2002.
N.-W.F.P. ORDINANCE NO. XXIII OF 2002.
AN
ORDINANCE
to revive and modify certain taxes and duties in the North-West Frontier Province.
WHEREAS it is expedient to revive and modify certain taxes and duties in the North-West Frontier Province;
AND WHEREAS the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended uptodate, and the Provisional Constitution Order No. 1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1.             Short title, extent and commencement.— (1) This Ordinance may be called the North-West Frontier Province Finance Ordinance, 2002.
(2)      It shall extend to whole of the North-West Frontier Province.
(3)           It shall come into force on the 1st day of July, 2002.

  1. Amendment of Act II of 1899.—Inthe Stamp Act, 1899 (II of 1899), for Schedule I, the Schedule specified in Appendix I to this Ordinance shall be substituted.
  2. Amendment of section 7 of N.-W.F.P. Act IV of 1990.In the North-West Frontier Province Finance Act, 1990 (N.-W.F.P. Act No. IV of 1990), in section 7, for the existing Table, the Table specified in Appendix II to this Ordinance shall be substituted.
  3. Tax on hotels.— There shall be levied and collected every year a tax on hotels, payable by the owner or management thereof at the rate of five per cent of the room rent per lodging unit per day, on the basis of fifty per cent of the total number of lodging units available in the hotel concerned; provided that the assessment in relation to a hotel at a hill station shall be made at the aforesaid rate for four months only in a year, that is from 1st day of May to 31st day of August (both days inclusive).

Explanation.—In this section, unless there is anything repugnant in the subject or context,—
(a)           "hotel" means an establishment where lodging with board or other service is provided for a monetary consideration, but shall not include—
(i)    any home or hostel maintained exclusively for aged or sick persons, or, as the case may be, for students, by or under the control of a charitable, medical or educational institution;
(ii)   any rest house, mess or other premises belonging to or in the possession of the Federal or a Provincial Government, where lodging, board or other service is provided for Government officials or members of the Defence Forces;

  1. "lodging unit* means a bed or other sleeping accommodation which is, or is intended to be, provided to a person staving over night in a room for lodging; and
  2. "room rent" includes fans, air-conditioning, light, heat, telephone, bedding and all other payments connected with the lodging unit, except the portion, if any, directly attributable to supply of foodstuff.

 

APPENDIX I
[See section 2]
"SCHEDULE-I
STAMP DUTY ON INSTRUMENTS [SEE SECTION 3]


Article No.

Description of instrument

Proper Stamp Duty

1.

ACKNOWLEDGEMENT of a debt exceeding twenty rupees in amount of value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book other than a banker's pass-book or on a separate piece of paper when such book or paper is left in the creditor's possession; provided that such acknowledgement does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property—

 

  1. where such amount does not exceed Rs. 100;
  2. where such amount exceeds Rs. 100/-
    but does not exceed Rs. 2,000.
  3. where such amount exceeds Rs. 2,000.

Three Rupees

Four Rupees

Eight Rupees      

2.

ADMINISTRATION BOND, including a bond given under section 291, 375 and 376 of the Succession Act, 1925, section 6 of the Government Saving Banks Act, 1873—

  1. where the amount does not exceed Rs. 1000;
  1. in any other case.

 

 

The same duty as on a Bond (No. 15) on such amount

One hundred and twenty five rupees.

3.

ADOPTION-DEED, that is to say, any instrument (other than a will) recording an adoption or conferring or purporting to confer any authority to adopt.
ADVOCATE See ENTRY AS AN ADVOCATE (No. 30)               

One hundred and twenty five rupees.

4.

AFFIDAVIT, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.
EXEMPTIONS
Affidavit or declaration in writing when made:-

  1. as a condition of enrolment under the
    Indian Army Act, 1911 or the Pakistan
    Army Act, 1952 or the Indian Air Force
    Act, 1932 or the Pakistan Air Force Act,
    1953;
  2. for the immediate purpose of being filed or
    used in any Court or before the officer of
    any Court; or
  3. for the sole purpose of enabling any person
    to   receive   any   pension   or   charitable allowance. 

Twenty five rupees.

5.

AGREEMENT OR MEMORANDUM OF AN AGREEMENT—

  1. To execute work—

(i) where the amount of contract does not exceed fifty thousand rupees;
(ii) where the amount exceeds fifty thousand rupees but does not exceed five hundred thousand rupees;
(iii) where the amount exceeds five hundred thousand rupees but does not exceed one million rupees;
(iv) where the amount exceeds one million rupees but does not exceed five million rupees;
(v) where the amount exceeds five million rupees.

  1. To procure Stores and Materials.

 

  1. If relating to the sale of a bill of exchange.
  2. If relating to the sale of Government
    security.

 

  1. If relating to the sale of a share in an
    incorporated company or other body corporate.
  1. If not otherwise provided for.

EXEMPTIONS

  1. Agreement or Memorandum of an agreement for or relating to the purchase or sale of goods or merchandise exclusively, not being a NOTE or MEMORANDUM chargeable under No.
    43;
  2. Made in the form of tenders to the Federal Government for or relating to any loan.

AGREEMENT TO LEASE, see LEASE (No. 35)

 

 

Two hundred and fifty rupees.

One thousand two hundred and fifty rupees.

One thousand eight hundred and fifty rupees

Six thousand two hundred and fifty rupees.
Eighteen     thousand     seven hundred and fifty rupees.
One rupee for every Rs. 100.00 or part thereof of the amount of the contract.

Three rupees.
Two rupees for every 10,000 rupees or part thereof of the value of the security, subject to a maximum of fifty rupees.
Two rupees for every rupees 5000 or part thereof of the value of the share.

Thirteen rupees.

6.

AGREEMENT RELATING TO DEPOSIT OF TITLE-DEEDS, PAWN OR PLEDE, that is to say, any instrument evidencing an agreement relating to—

  1. the deposit of title-deeds or instruments
    constituting or being evidence of the title to
    any   property   whatever   (other   than
    marketable security), or
  2. the pawn or pledge of movable property, where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be
    advanced by way of loan or an existing or future debt,—
  1. if such loan or debt is repayable on demand or more than three months from  the  date of the  instrument evidencing the agreement.

 

  1. If such loan or debt is repayable not more than three months from the date of such instrument.

EXEMPTION
Instrument of pawn or pledge of goods if unattested.

 

 

 

 

 

The same duty as on a Bill of Exchange [No. 13(a)] for the amount secured.

 

Half the duty payable on a Bill of Exchange [No. 13(a)l for the amount secured.

7.

APPOINTMENT IN EXECUTION OF A POWER
where made by any writing not being a will—

  1. of trustees
  2. of property, movable or immovable.

 

Sixty five rupees.
One hundred and twenty five
rupees.  

8.

APPRAISEMENT OR VALUATION made otherwise than under an order of the Court in the course of a suit—

  1. where the amount does not exceed Rs. 1,000;
  2. in any other case.

EXEMPTION

  1. Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or operation of law.
  2. Appraisement of crop for the purpose   of ascertaining the amount to be given to a landlord as rent.

 

At the rate of four percent.

One  hundred  and  twenty  five rupees.

8-A

Application made on plain paper.
(i)     for redressal of grievances
(ii)    for arms licences of non-prohibited bore.
(iii)  For arms licences of prohibited bore.
(iv) For form X and XII prescribed under the Arms Rules.

One  hundred  and  twenty  five rupees.

9.

APPRENTICESHIP-DEED, including every writing relating to the service or tuition of any apprentice clerk or servant, placed with any master to learn any profession, trade or employment not being ARTICLES OF CLERKSHIP (No. 11)
EXEMPTION
Instrument of apprenticeship executed by a Magistrate under the Apprentices Act, 1850 or by which a person is apprenticed by or at the charge of any public charity.

One hundred and twenty five rupees.

10.

ARTICLES OF ASSOCIATION OF A COMPANY

  1. where the company has no share capital or the nominal share capital does not exceed Rs. 2,500;
  2. where the nominal share capital exceeds Rs. 2,500 but does not exceed Rs. 100,000;
  3. where the nominal share capital exceeds Rs. 100,000 but does not exceed Rs. 1,000,000;

(d)     where the nominal share capital exceeds Rs. 1,000,000 but does not exceed Rs. 50,000,000;
(e)     where the nominal share capital exceeds Rs. 50,000,000.
EXEMPTION
Articles of any Association and not formed for profit and registered under section 42 of the Companies Ordinance, 1984. See also MEMORANDUM OF ASSOCIATION OF A COMPANY (No. 39),

 

One hundred and twenty five rupees.

Two hundred and fifty rupees.
Three hundred and seventy five rupees

One thousand two hundred and fifty rupees.
Three thousands one hundred and twenty five rupees.

11.

ARTICLES OF CLERKSHIP or contract whereby any person first becomes bound to serve as a clerk in order to his admission as an attorney in any High Court.
ASSIGNMENT See CONVEYANCE (No. 23), TRANSFER (No. 62) AND TRANSFER OF LEASE (No. 63), as the case may be ATTORNEY, See entry as an attorney (No. 30) and power of Attorney (No. 48) AUTHORITY TO ADOPT See ADOPTION DEED (No. 3)

Nine hundred and fifty rupees.

12.

AWARD, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made other­ wise than by an order of the Court in the course of a suit.

The same duty as on a Bond (No. 15) for the amount or value of the property to which the award relates as set forth in such award.

12-A

BANK GUARANTEE that is to say the guarantee to be issued by any schedule Bank.

One rupee for every one hundred rupees or part thereof of the value of the Guarantee.

13.

BILL, OF EXCHANGE as defined by section 2(2) not being BOND, bank note or currency note—
(a) where payable otherwise than on demand by not more than one year after date or sight—

 

 

Description of instrument                                                                         Proper Stamp Duty

 

It drawn singly.

If drawn in set of two, for each part of the set.

if drawn in set of three, for each part of the set.

If the amount of the bill does not exceed Rs. 200.

Thirty paisa.

Thirteen paisa.

Ten paisa.

If it exceeds Rs. 200 but does not exceed Rs. 400.

Fifty Paisa.

Twenty Five paisa.

Fifteen paisa.

If it exceeds Rs. 400 but does not exceed Rs. 600.

Seventy five paisa.

Forty paisa.

Twenty five paisa.

If it exceeds Rs. 600 but does not exceed Rs. 800.

One rupee.

Fifty paisa.

Forty paisa.

If it exceeds Rs. 800 but does not exceeds Rs. 1000.

One rupee and twenty five paisa.

Sixty five paisa.

Fifty paisa.

If it exceeds Rs. 1000 but does not exceed Rs. 1200.

One rupee and fifty
paisa.

Seventy five paisa.

Sixty paisa.

If it exceeds Rs. 1200 but does not exceed Rs. 1600.

Two rupees

One rupee

Seventy paisa.

If it exceeds Rs. 1600 but does not exceed Rs. 2500.

Three rupees and twenty five paisa.

One rupee and seventy five paisa.

One rupee and twenty five paisa.

If it exceeds Rs. 2500 but does not does exceed Rs. 5000.

Six rupees and fifty paisa.

Three rupees and fifty paisas.

Two rupees and fifty paisa.

If it exceeds Rs. 5,000 but does not exceed Rs. 7,500.

Ten rupees.

Four rupees and seventy five paisa.

Three rupees and twenty five paisa.

If it exceeds Rs. 7,500 but does not exceed Rs. 10,000.

Thirteen rupees.

Six rupees and fifty paisa

Four rupees and fifty paisa.

If it exceeds Rs. 10,000 but does not exceed Rs. 15,000.

Twenty rupees

Ten rupees

Six rupees and fifty paisa.

If it exceeds Rs.  15,000 but does not exceed Rs. 20,000.

Twenty five rupees.

Thirteen rupees.

Eight rupees and fifty paisa.

If it exceeds Rs. 20,000 but does not exceeds Rs. 25,000.

Thirty five rupees.

Sixteen rupees.

Eleven rupees.

If it exceeds Rs. 25,000 but does not exceed Rs. 30,000.

Forty rupees.

Twenty rupees.

Thirteen rupees.

and for every additional Rs. 10,000 or part thereof in excess of Rs. 30,000.

Thirteen rupees.

Seven rupees.

Five rupees.

 

(b) where payable more than one year after date or sight.

One half of the duty payable on a Bond (No. 15) for the same amount.

15.

BOND as defined by section 2(5) not being a DEBENTURE (No. 27) and not being otherwise provided for by this Act, or by the Court Fees Act, 1870.
(a)     when  covered by  the  category  of bonds specified in such  clauses  (a)  and  (b)  of section  2(5)  and issued by public sector corporations or by financial institutions approved by or under the regulatory control of the State Bank of Pakistan, the Federal Government or a Provincial Government.
(b)              Other bond not covered by (a) above—

(i) On first transaction at 0.33% of the amount or value secured;
(ii) On each subsequent transaction at 0.15% of the amount or value secured.

 

Where the amount or value secured does not exceed Rs. 10.

Thirty five paisa.

Where it exceeds Ra. 10 but does not exceed Rs. 50.

One rupee and fifty paisa.

 

Where it exceeds Rs. 50 but does not exceed Rs. 100.

Two rupees and fifty paisa.

 

Where it exceeds Rs. 100 but does not exceed Rs. 200.

Five rupees.

 

Where it exceeds Rs. 200 but does not exceed Rs. 300.

Seven rupees.

 

Where it exceeds Rs. 300 but does not exceed Rs. 400.

Ten rupees.

 

Where it exceeds Rs. 400 but does not exceed Rs. 500.

Thirteen rupees.

 

Where it exceeds Rs. 500 but does not exceed Rs. 600

Fifteen rupees

 

Where it exceeds Rs. 600 but does not exceed Rs 700.

Eighteen rupees.

 

Where it exceeds Rs. 700 but does not exceed Rs. 800.

Twenty rupees.

 

Where it exceeds Rs. 800 but does not exceed Rs. 900.

Twenty three rupees.

 

Where it exceeds Rs. 900 but does not exceed Rs. 1000

Twenty five rupees.

 

And for every Rs. 500 or part thereof in excess of Rs. 1,000.

Thirteen rupees

 

See ADMINISTRATION BOND (No. 2) BOTTOMRY BOND (No. 16) CUSTOMS BONE (No. 26)

 

 

INDEMNITY BOND (No. 34) RESPONDENTS BOND (No. 56) SECURITY BOND (No. 57)

 

 

EXEMPTION
Bond when executed by any person for the purpose of guaranteeing that the local income derived from private subscription to a Charitable dispensary or hospital or any other object of public utility shall not be less than a specified sum per mensem.

 

16.

BOTTOMRY BOND, that is to say, any instrument whereby the master of a sea-going ship borrows money on the security of the ship to enable him to preserve the ship or prosecute her voyage.

The same duty as on a Bond (No. 15) for the same amount.

 

17.

CANCELLATION- Instrument of (including anyinstrument by which any instrument previously executed is cancelled), if attested and not otherwise provided for.
See also RELEASE (No. 55), REVOCATION OF SETTLEMENT (No. 58-B), SURRENDER OF LEASE (No. 61) REVOCATION OF TRUST (No. 64-B).

Sixty five rupees.

18.

CERTIFICATE OF SALE. (in respect of each property put up as separate lot and sold) granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer-

  1. Where the purchase money does not exceed Rs. 10.
  2. Where the purchase money exceeds Rs. 10 but does not exceed Rs, 15.

 

(b) in any other case   ...

 

 

Two rupees.

Three rupees.

 

Three per cent.

19.

CRTIFICATE OR OTHER DOCUMENT evidencing the right or title of the holder thereof, or any other person either to any shares, scrip or stock in or of any incorporated Company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body.
See also LETTER OF ALLOTMENT OF SHARES (No. 36)

Twenty five rupees.

20.

CHARTER PARTY, that is to say, any instrument (except an agreement for the hire of a tugsteamer) whereby a vessel or some specified principal part thereof is let for the specified purposes of the charterer, whether" it includes a penalty clause or not.

Fifteen rupees.

21.

CHEQE PAY ORDER OR BANK DRAFT.

One rupee.

22.

COMPOSITION DEED, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of inspector or under letters of licence for the benefit of his creditors.

Two hundred and fifty rupees.

23.

CONVEYANCE as defined by section 2(10) not being a TRANSFER charged or exempted under No. 62.

  1. in case of agriculture land

 

  1. in case of immoveable property in an urban area

 

  1. in any other case.

Explanation-I: For the purpose of sub-article (b)
(1)       "Urban area" shall mean—
(i) an area as defined under the West Pakistan Urban Immoveable Property Tax Act, 1958; and
(ii) any built up area including land situated within or adjoining such area, specified by notification by Government to be an urban area for the purpose of this clause.
Explanation-II: For the purpose of such clause (ii) "built up area" shall mean land which is occupied as site of a building or enclosure and is not used for agricultural purpose or a purpose sub-servient to agriculture.
(2) duty chargeable in respect of instruments relating to property in an urban area specified by the Government under clause (1) shall be effective from the date such area is specified as urban area.
Explanation-III: Any reference in Schedule I to Article 23 shall mean a reference to sub-Articles (a) and (c) only:

  1. "rural  area" means an area not within the boundaries of a City, Municipality or Cantonment Board;
  2. "agricultural land" means any land in the rural area other than a village abadi or a town.

CO-PARTNERSHIP — DEED, See PARTNERSHIP (No. 46).

 

Three rupees for every one hundred rupees or part thereof of the value of land.
Three rupees for every one hundred rupees or part thereof of the value of the property.
Three rupees for every one hundred rupees or part thereof of the value of the property.

24.

COPY OR EXTRACT certified to be a true copy or extract by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees.

  1. if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed four rupees.
  2.  In any other case.

EXEMPTION

  1. Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose;
  2. Copy of, or extract from, any register relating to births,   baptisms, namings, dedications, marriages (divorces), deaths or burials.

 

Three rupees.
Fifteen rupees.

25.

counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid—

  1. if the duty with which the original instrument is chargeable does not exceed four rupees;
  2. in any other case.

EXEMPTION
Counterpart of any lease granted to a cultivator when such lease is exempted from duty.

 

The same duty as is leviable on the original.

Fifteen rupees.

26.

CUSTOMS-BOND—

  1. where the amount does not exceed Rs, 1,000
  1. in any other case.

 

The same duty as on a Bond (No. 15) for such amount.
One hundred and twenty five rupees.

27.

DEBENTURE (whether a mortgage debenture or not), being a marketable security transferable—

  1. when issued by public sector corporation/ organizations or by financial institutions approved by or under the regulatory control of, the State Bank of Pakistan, the Federal Government or a Provincial Government and transferred by endorsement or by a separate instrument;

 

  1. when transferred by endorsement or by a separate instrument other than those mentioned at (a) above;
  2. when transferred by delivery—

Where the amount or value secured does not exceed Rs. 50.
Where it exceeds Rs. 50 but does not exceed Rs. 100.
Where it exceeds Rs. 100 but does not exceed Rs. 200.
Where it exceeds Rs. 200 but does not exceed Rs. 300.
Where it exceeds Rs. 300 but does not exceed Rs. 400.
Where it exceeds Rs. 400 but does not exceed Rs. 500.
Where it exceeds Rs. 500 but does not exceed Rs. 600.
Where it exceeds Rs. 600 but does not exceed Rs. 700.
Where it exceeds Rs. 700 but does not exceed Rs. 800.
Where it exceeds Rs. 800 but does not exceed Rs. 900.
Where it exceeds Rs. 900 but does not exceed Rs. 1000.
And for every Rs. 500 or part thereof in excess of Rs. 1,000.

 

(i) One first transaction at 0.33% of the amount in value secured.
(ii) On each subsequent transaction at 0.15% of the amount in value secured.

The same duty as on a Bond (No. 15), for the same amount.

Two rupees.

Four rupees.

Eight rupees.

 

Twelve rupees.

Fifteen rupees.

 

Twenty rupees.

Twenty three rupees.

 

Twenty five rupees.

Thirty rupees.

 

Thirty five rupees.

Forty rupees.

 

Twenty rupees.

27-A

PARTICIPATION TERM CERTIFICATE
Explanation.—The term "Debenture" includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.
EXEMPTION:
A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of the debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part their property to trustees for the benefit of the debenture-holders; provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.
See also BOND (No. 15, and SECTIONS 8 and 55)
DECLARATION OF ANY TRUST, See Trust (No. 64)

The same duty as is leviable on a Debenture of the same value.

28.

DELIVERY ORDER IN RESPECT OF GOODS, that is to say, any instrument entitling any person therein named, or his assigns or the holder thereof, to the delivery of any goods lying in any dock or port, or in any ware house in which goods are stored or deposited on rent or hire, or upon any wharf, such instrument being signed by or on behalf of the owner of such goods upon the sale or transfer of the property therein, when such goods exceed in value twenty rupees.
DEPOSIT OF TITLE-DEED [See AGREEMENT relating to DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (No. 6)].
DISSOLUTION OF PARTNERSHIP, See PARTNERSHIP (No. 46).

Seven rupees.

29.

DIVORCE. — Instrument of, that is to say, any instrument by which any person effects the dissolution of his marriage.
DOWER. Instrument of See SETTLEMENT (No.58).
DUPLICATE-See COUNTERPART (No. 25)

Forty rupees.

30.

ENTRY AS AN ADVOCATE, OR ATTORNEY ON THE ROLL OF ANY HIGH COURT— under the Legal Practitioners and Bar Councils Act, 1965—

  1. in the case of an Advocate.
  1. in the case of an Attorney;

 

EXEMPTION
Entry of an Advocate or Attorney on the roll of any High Court when he has previously been enrolled in a High Court.

 

One thousand and three hundred rupees.
One thousand and three hundred rupees.

31.

EXCHANGE OF PROPERTY—Instrument of—

  1. when executed in respect of agricultural land.

 

  1. when executed in respect of immoveable property in an Urban Area as defined in No.23.
  1. In any other case.

EXTRACT See Copy (No. 24).

Two rupees and fifty paisa for every one hundred rupees or part thereof of the value of the property.
Ten rupees for every one hundred rupees or part thereof of the value of the property.
Seven rupees for every one hundred rupees or part thereof of the value of the property.

32.

FURTHER CHARGE—Instrument of, that is to say, any instrument imposing a further charge on mortgaged property—

  1. when the original mortgage is one of the description  referred to  in  clause  (a)  of Article No. 40 (that is, with possession);
  2. when such mortgage is one of the description referred to in clause (b) of Article No. 40(that is, without possession)—

 

(i) If at the time of execution of the instrument of further charge possession of the property is given or agreed to be given under such instrument;

 

 

 

(ii)  If possession is not so given.

 

The same duty as on a Conveyance (No. 23) for a consideration equal to the amount of the further charge secured by such instrument.

The same duty as on a Conveyance (No. 23) for a consideration equal to the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage and further charge.

The same duty as on a Bond (No. 15) for the amount of the further charge secured by such instrument.

33.

GIFT-Instrument of, not being a SETTLEMENT (NO. 58) OR WILL OR TRANSFER (NO. 62)—
(a)   (i)    when executed in favour of legal heirs in respect of Agricultural Land;

 

(ii) in any other case, in respect 01 Agricultural Land;

 

(b)   other property.

 

HIRING AGREEMENT or agreement of service, See AGREEMENT (No. 5).

 

One rupee and twenty five paisa for every one hundred rupees or part thereof, of the value of the property as set forth in such instrument.
Two rupees and fifty paisa for every one hundred rupees or part thereof, of the value of the property.
Four rupees for every hundred rupees or part thereof, of value o1 the property.

34.

INDEMNITY BOND
INSPECTION-DEED, See COMPOSITION-DEED (No. 22).
INSURANCE, See POLICY OF INSURANCE (No. 47).

The same duty as on a Security Bond (No. 57) for the same amount.

35.

LEASE, including an under lease or sub-lease and any agreement to let or sub-let—
(a)     where by such lease the rent is fixed and no
premium is paid or delivered—
(i) where the lease purports to be for a term of less than one year;

 

(ii) where the lease purports to be for a term of not less than one year but not more than three years;

 

(iii) where the lease purports to be for a term in excess of three years, but not more than twenty years;

 

(iv) where the .lease purports to be for a term in excess of twenty years or in perpetuity;

 

 

(v) where the lease does not purport to be for any definite term;

 

 

(b)  (i)   where the lease is granted for money advanced                    and   where   no   rent   is reserved;

 

 

(ii) where the lease is granted for a fine or premium   and where no rent is reserved;

 

(c)    (i)  where the lease is granted for money advanced in addition to rent reserved;

 

 

 

 

 

 

(ii) where the lease is granted for a fine or premium in additional to rent reserved.

 

 

 

 

 

 

EXEMPTION
Leases, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production 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.

 

Attachments

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