FORM NO. 2-A

(PARAGRAPH 69)

Form of Security Bond for a particular Post

KNOW all men by these presents that I/we AB (Principal)_____ s/o_____r/o_____and CD (1st Surety)_____ s/o_____r/o_____and EF (2nd surety) _____s/o_____r/o_____ am/are held firmly bound to the Governor of Uttar Pradesh in the sum of Rs................to be paid to the said Governor, his successors or assigns for which payment well and truly to be made I/we bind myself/ourselves our heirs, executors, administrators, and representatives (* jointly and severally).

WHEREAS the above bounden AB_____was on the_____day of_____, appointed to and now holds and exercises the office of_____;

AND, WHEREAS by virtue of such office the said AB_____has, amongst other duties, the care of and responsibility for the safe and proper storing and keeping in the places, appointed for the custody thereof, of_____;Ü

AND, WHEREAS the said AB is bound whenever called upon so to do to show to his superior officers that the said property is at all times intact in the places aforesaid and is bound to keep true and faithful account of the said property;

AND, WHEREAS in consideration to the appointment of the said AB to his said office the said AB has delivered to and deposited with_____cash to the extent of Rupees _____(or has delivered to and deposited with and endorsed to_____ Government securities to extent of Rs._____as set forth in the Schedule hereto) [or, has placed on fixed deposit in the_____limited to the credit of the_____ for the time being of Uttar Pradesh the sum of Rs._____] (Rs._____), [or, the said AB/CD/EF has/have agreed to mortgage the property described in the Schedule hereto] for the purpose of in part securing and indemnifying the Government of Uttar Pradesh (hereinafter called "the Government"), against all loss or damage which it might suffer by reason of the said property or any part thereof being wasted, embezzled, stolen, misspent or loss, dishonestly, negligently, or otherwise by the said AB ;

 

*To be struck out if there are no sureties.

ÜHere detail money. Government, currency notes, stamps, goods, chattels or effects stored and received at.

AND, WHEREAS, the said AB (and the said CD and EF as the said ABís sureties) has/have entered into the above written bond in the penal sum of Rs............................ conditioned for the due performance by the said AB of the duties of his said office and the other duties appertaining thereto, or which may be lawfully required of him and for the indemnity of the Government against loss from the acts or defaults of the said AB ;

NOW, the condition of the above-written bond is such that if the said AB has, while he has held the office of_____always duly performed and fulfilled the said duties of the said office and the other duties aforesaid or if the said AB (and the said CD and EF) shall indemnify the Government from all and every loss and damage which during the time the said AB has held, executed and enjoyed the said office has happened, then the above written bond or obligation shall be void and of no effect otherwise the same shall be and remain in full force and virtue ;

AND, THESE PRESENTS ALSO WITNESS that in pursuance of the aforesaid agreement and for the consideration aforesaid and as security for the payment to the Government of the said sum of Rs._____or any part thereof in accordance with the terms and conditions hereof the said AB/CD/EF hereby transfer(s) to the Governor all that the property described in the Schedule hereto to the intent that the same will remain and be charged by way of simple mortgage as security for the payment to the Governor of the said sum of Rs._____AND the said AB/CD/EF hereby covenant(s) with the Governor that the said property is free from encumbrances AND that for the purpose of recovering the said sum of Rs._____or any such lesser sum as may from time to time become due under the above written bond the Governor or any officer of the Government duly authorized in this behalf may without prejudice to the right conferred by the Public Accountants Default Act, 1850, from time to time as occasion shall require without the intervention of any court sell the property or any part thereof or take the rents and profits thereof for his own use until he shall have thereby or otherwise recovered such sums as aforesaid;

PROVIDED ALWAYS and it is hereby agreed and declared that neither of them the said CD and EF shall be at liberty to terminate their suretyship except upon giving to the District Officer for the time being of_____or the Government six calendar monthís notice in writing of his or their intention so to do, and their joint and several liability under this bond shall continue in respect of all omissions and defaults on the part of the said AB until the expiration of the said period of six months ;

AND it is hereby agreed and declared by and between the said AB (and the said CD and EF as the said ABís sureties) and the Governor, that on the vacation by the said AB of his said office of_____the above named ("moneys" where cash is deposited) ("securities" where promissory notes are deposited) shall not be at once returned to him (or them) but shall continue to be held in the manner aforesaid for the term of six months as security against any loss that may have been incurred by the Government owing to the neglect or default of the said AB and which may not have been discovered until after the vacation of his office by the said AB and if any breach of the conditions of the said bond is discovered after the repayment (or return) of the said money (or securities) (or release of the said mortgage) such repayment (or return) (or release) shall not affect the right of the Governor or Government to take proceedings upon the said bond against the said AB (CD and EF) :

*PROVIDED ALSO that the officer in whose name the said sum is placed on deposit in manner aforesaid may with the sanction of the Government and at the request of the said AB withdraw the said sum and place the same in like manner as aforesaid in the State Bank of India or the Allahabad Bank or Central Bank of India :

PROVIDED ALSO that if the said sum or any part thereof is lost by reasons of the failure or defalcation of the Bank in which such sum is at any time deposited neither the Governor nor the Government nor any officer serving under the Government shall be in any way liable for such loss and the said AB shall immediately furnish to the Governor either in cash or in such other form as may be sanctioned by the Government orders or regulations then in force security equivalent in value of the amount lost in such manner as aforesaid :

PROVIDED ALSO that the interest on the said sum may be paid over to the said AB when realized if the Government thinks fit to to do so ;

AND the said AB (and the said CD and EF as the said ABís sureties) do hereby agree and declare that without prejudice to any remedy provided by this bond, the Government, may on the certificate of Secretary to the State Government in the Administrative Department which shall be final, conclusive and binding on the said AB (and the said CD and EF) recover all dues hereunder from AB (and CD and EF) jointly or severally as arrears of land revenue.

IN WITNESS to the above written bond and to all the terms and the conditions hereinbefore contained I/We have hereunto set my/our hands this_____day of _____19 . corresponding to Saka Samvat_____.

*To be used only when money is placed on deposit receipts.

The Schedule herein referred to

Signed by AB____________________in the presence of___________________ and of _________________________

Signed by CD_________________________in the presence of________________ and of _________________________

Signed by EF _____________________in the presence of__________________ and of _________________________