Section 35

Section 35 of the Assam Stamp (Amendment) Act, 1950. Lease, including an underlease 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 The same duty as a Bottomry Bond for a term of less than one year ;

Lease, including an underlease 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 The same duty as a Bottomry Bond for a term of less than one year ; (No.16) for the whole amount payable or deliverable under such lease.

(ii) where the lease purports to be The same duty as a Bottomry Bond for a term of not less than one (No.16) for the amount or value of the average annual rent reserved. year but not more than five years ;

(iii) where the lease purports to be The same duty as a conveyance for a term exceeding five (No.23) for a consideration equal years and not exceeding ten to the amount or value of the average annual rent reserved. years ;

(i) if possession is not so given (No.23) for a consideration equal to the value of the property as set forth in such instrument. The same duty as a security Bond (No.57) for the same amount.

(iv) where the lease purports to be The same duty as a conveyance for a term exceeding ten years, (No.23) for a consideration equal to twice the amount or value of the average annual rent reserved. but not exceeding twenty years ;

(v) where the lease purports to be The same duty as a conveyance for a term exceeding twenty (No.23) for a consideration equal to three times the amount or value- of the average annual rent reserved. years, but not exceeding thirty years ;

(vi) where the lease purports to be The same duty as a conveyance for a term exceeding thirty years, but not exceeding one hundred years ;

(vii) where the lease purports to be for a term exceeding one hundred years or in perpetuity ; (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.

(viii) where the lease does purport to be for any definite term ; 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 continued so long.

(b) where the lease is granted for The same duty as a conveyance a fine or premium, or for money advanced and where no rent is reserved ; (No.23) for a consideration equal to the amount or value of such fine or premium or advance as set forth in the lease.

(c) where the lease granted for a The same duty as a conveyance fine or premium, or for money advanced in addition to rent reserved ; (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 delivered :

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 shall nort exceed twelve annas. ta Go of ra frc to be in in CO Do an cre all (a) Lease, 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. 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 undertakes to pay any recurring charge, such as Government revenue, the landlord's share of cesses, or the owner's share of municipal rates, or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to je part of the rent.

Section 35, The Assam Stamp (Amendment) Act, 1950 (Act 7 of 1950).