Form of (General) Security Bond

KNOW all men by these presents that I/we, AB (Principal)_____ s/o______r/o_____CD (1st surety)_____ s/o_____r/o_____ EF (2nd surety) s/o_____r/o_____am/are held and firmly bond to the Governor o Uttar Pradesh in the sum of Rs._____to be paid to the said Governor’s assigns for which payment well and truly to be made I/we bind myself/oursehncPor yorour heirs, executors, administrators and representatives* (jointly and severally) s

WHEREAS the above bounden AB_____was on the_____day of_____ 19, appointed to and anqve hods and exercises the office of_____;

AND WHEREAS by virtue of such office the said AB has, and by virtue of any other office to which the said AB may here after eilippoined from time to time, is likely to have, among other duties the care of, and respobrty fotr the safe and proper storing and keeping, money, currency notes, stamps and ogoo ds and property belonging to the Government of Uttar Pradesh (hereinafter calle "the Government") in the places appointed for the custody thereof; of †_____

AND WHEREAS the said AB is bound, whenever called upon so to do, to show to his superior officer that any such property entrusted to his care and keeping 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 of the said AB’s said appointment and of any other appointment which he may hold hereafter 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 the extent of Rs._____as set forth in the Schedule hereto) [or has placed on fixed deposit in the_____to the credit of the_____for the time being of Uttar Pradesh the sum of Rupees_____(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 against all loss or damage which it might suffer by

*To be struck off if there are no sureties.

†Here detail money. Government currency, notes, stamps, goods, chattels or effects stored of received at.

reason of the said property or any part thereof being wasted, embezzled, stolen, misspent or lost, dishonestly, negligently or otherwise by the said AB ;

AND WHEREAS the said A B (and the said C D and E F as the said A B’s sureties) has/have entered into the above written bond in the penal sum of Rs._____ conditioned for the due performance by the said A B of the duties of his said office and of any other office which the said A B may for the time being hold under Government 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 A B_____ ;

NOW the condition of the above written bond is such that if the said A B while he has held the office_____and of any other office which he may hold hereafter always duly performed and fulfilled the duties of such office and the other duties aforesaid or if the said A B (and the said C D and EF) shall indemnify the Government from all and every loss and damage caused to the Government from any act, omission, neglect of the said A B in the course of discharge of his duties of any office under Government to which he may from time to time be appointed 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 Governor of the sum of Rs._____or any part thereof in accordance with the terms and conditions hereof the said A B/C D/E F hereby transfer (s) to the Governor ALL that the property described in the schedule hereto 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 A B /C D/E F hereby convenant (s) with the Government 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 sum as aforesaid ;

[PROVIDED ALWAYS and it is, hereby agreed and declared that neither of them the said C D and E F 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 month’s 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 A B until the expiration of the said period of six months ;]

AND it is hereby agreed and declared by and between the said A B (and the said C D and E F as the said A B’s. sureties) and the Governor that on the termination of the service under Government of the said A B the above named moneys (or securities) 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 A B and which may not have been discovered until after the termination of the service of the said A B and if any breach of the condition 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 effect the right of the Governor of Government to take proceeding upon the said bond against the said A B [C D and E F] ;

*PROVIDED ALSO that if within the period of six months aforesaid the said A B is re-employed the liability of the surety shall continue unless he legally withdraws from his suretyship ;

(†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 at the request of the said A B 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 there of is lost by reason 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 liabile for such loss and the said A B 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 to the amount lost in such manner as aforesaid ;

PROVIDED ALSO that the interest on the said sum be paid over to the said A B when realized if the Government think fit to do so.

*This proviso is to be used in cases where a Government servant is employed temporarily for broken periods in each year such as extra kurk amins in the Revenue Department.

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

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

IN WITNESS to the above written bond and to all the terms and conditions hereinbefore contained I/we have hereunto set my/our hands this_____ day of_____19 , corresponding to Saka Samvat_____.

The Schedule herein referred to

Signed by A B_____in the presence of_____ and of_____.

Signed by C D_____in the presence or_____ and of _____

Signed by E F_____in the presence of_____ and of _____