MORTGAGE-DEED, not being an agreement relating to Deposit of Title Deeds, Pawn or Pledge or Hypothecation (No. 6), Bottomry Bond (No. 16), Mortgage of a Crop (No. 40), Respondentia Bond (No. 56) or Security Bond of Mortgage Deed (No. 57)

1. (a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; The same duty as is leviable on a conveyance under clause (a),
2. (b) or (c), as the case may be, of Article 22, for the amount secured by such deed.
3. (b) when possession is not given or agreed to be given as aforesaid. 0.3% of the amount secured by such deed, subject to minimum of one thousand rupees and maximum of twenty lakh rupees. Explanation I.—A mortgagor who gives to the mortgagee a power of attorney to collect rents, or a lease of the property mortgaged or part thereof, is deemed to give possession within the meaning of this Article. Explanation II.—Where in the case of an agreement to mortgage the amount or part thereof sought to be secured by such an agreement is advanced or disbursed to the mortgagor without execution of a mortgage-deed, then such an agreement to mortgage shall, notwithstanding anything contained in clause (6) of section 2, become chargeable under this Article as mortgage-deed on the date of making of such advance or disbursement either in part or in whole;
4. (c) when a collateral or auxiliary or additional or substituted security, or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stamped. Five hundred rupees. Explanation.—For the purpose of this clause, “the principal or primary security” shall mean, the security created under clause (a) or (b). Exemptions

1. (1) Instruments executed by persons taking advances under the Land Improvement Loans Act, 1883 (19 of 1883), or the Agriculturists’ Loans Act, 1884 (12 of 1884) or by their sureties as security for the repayments of such advances.
2. (2) Letter of hypothecation accompanying a bill of exchange.

40. MORTGAGE OF A CROP, including any instruments evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage––

1. (a) when the loan is repayable not more than three months from the date of the instrument—
   • (i) for every sum secured not exceeding two hundred rupees; One rupee.
   • (ii) for every two hundred rupees or part thereof secured in excess of two hundred rupees; One rupee.
2. (b) when the loan is repayable more than three months, but more than eighteen months, from the date of the instrument—
   • (i) for every sum secured not exceeding one hundred rupees; One rupee.
   • (ii) for every one hundred rupees or part thereof secured in excess of one hundred rupees. One rupee.

1. (a) of any goods, exceeding in value of twenty rupees; One rupee.
2. (b) of any stock or marketable security exceeding in value of twenty rupees. Subject to a maximum of fifty rupees, one rupee for every ten thousand rupees or part thereof of the value of the stock or security.

ORDER FOR THE PAYMENT OF MONEY. See Bill of Exchange (No. 13).