FORM NO. 25

[See CHAPTER XI, PARAGRAPH 245-N (3)]

Form of Mortage Bond for Personal Computers Motor Car/Boat/Cycle/Scooter Advance

THIS INDENTURE made this _____day of_____ one thousand, nine hundred and______corresponding to Saka Samvat_____BETWEEN_____son of _____ resident of_____(designation)_____ (hereinafter called "the Borrower") of the one part and THE GOVERNOR OF UTTAR PRADESH (hereinafter called "the Governor") of the other part.

WHEREAS, the Borrower has applied/ applied for and has been granted an advance of Rupees_______________________ to purchase Personal Computers Motor Car/Boat/Cycle/Scooter on the terms of paragraph 245/246 of the Account Rules of the Government of Uttar Pradesh (hereinafter referred to as "the said Rules", which expression shall include any amendment thereof or addition thereto for the time being in force) AND WHEREAS one of the conditions upon which the said advance has been/was granted to the Borrower is/was that the Borrower will/ would hypothecate the said


Personal Computers Motor Car/Boat/Cycle/Scooter to the Governor as security for the amount lent to the Borrower AND WHEREAS the Borrower has purchased with or partly with the amount so advanced as aforesaid the Personal Computers Motor Car/Boat/Cycle/Scooter particulars whereof are set out in the Schedule hereunder written.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and for the consideration aforesaid the Borrower doth hereby covenant to pay to the Governor the sum of Rs._____aforesaid by equal payments of Rs._____ each on the first day of every month and will pay interest on the sum for the time being remaining due and owing calculated according to the said Rules and the Borrower doth agree that such payments may be recovered by monthly deductions from his salary in the manner provided by the said Rules, and in further pursuance of the said agreement the Borrower doth hereby assign and transfer unto the Governor the Personal Computers Motor Car/Boat/Cycle/Scooter the particulars whereof are set out in the Schedule hereunto written by way of security for the said advance and the interest thereon as required by the said Rules.

And the Borrower doth hereby agree and declare that he has paid in full the purchase price of the said Personal Computers Motor Car/Boat/Cycle/Scooter and that the same is his absolute property and that he has not pledged and so long as any moneys remain payable to the Governor in respect of the said advance will not sell, pledge or part with the property in or possession of the said Personal Computers Motor Car/Boat/Cycle/Scooter PROVIDED ALWAYS and it is hereby agreed and declared that if any of the said instalments of principal or interest shall not be paid or recovered in manner aforesaid within ten days after the same are due or if the Borrower shall die or at any time cease to be in the service or if the Borrower shall sell or pledge or part with the property in or possession of the said Personal Computers Motor Car/Boat/Cycle/Scooter or become insolvent or make any composition or arrangement with his creditors or if any person shall take proceedings in execution of any decree or judgement against the Borrower the whole of the said principal sum which shall then be remaining due and unpaid together with interest thereon calculated as aforesaid shall forthwith become payable AND IT IS HEREBY AGREED and declared that the Governor may on the happening of any of the events herein before mentioned seize and take possession of the said Motor/Car/Boat/Cycle/Scooter and either remain in possession thereof without removing the same or else may remove and sell the said Personal Computers Motor Car/Boat/Cycle/Scooter and either by public auction or private contract and may out of the sale moneys retain the balance of the said advance then remaining unpaid and any interest due thereon calculated as aforesaid and all costs, charges, expenses and payments properly incurred or made in maintaining, defending or realizing his rights hereunder and shall pay over the surplus, if any to the Borrower, his executors, administrators or personal representative PROVIDED FURTHER that the aforesaid power of taking possession or selling of the said Personal Computers Motor Car/Boat/Cycle/Scooter shall not prejudice the right of the Governor, to sue the Borrower or his personal representative for the said balance remaining due and interest or in the case of the Personal Computers Motor Car/Boat/Cycle/Scooter being sold the amount by which the net sale-proceeds fall short of the amount owing AND the Borrower hereby further agrees that so long as any moneys are remaining due and owing to the Governor he, the Borrower, will insure and keep insured the said Car/Motor/Cycle/Boat/scooter against loss or damage by fire, theft or accident with an Insurance Company to be approved by the Accountant General, Uttar Pradesh, and will produce evidence to the satisfication of the Accountant General that the Motor Insurance Company with the whom the said Motor Car/Boat/Cycle/Scooter is insured have received notice, that the Governor is interested in the Policy AND the Borrower hereby further agrees that he will not permit or suffer the said Motor Car/Boat/Cycle/Scooter to be destroyed or injured or to deteriorate in a greater degree than it would deteriorate by reasonable wear and tear thereof AND further that in the event of any damage or accident happening to the said Personal Computers Motor Car/Boat/Cycle/Scooter the Borrower will forthwith have the same repaired and made good. AND the Borrower hereby also agrees and declares that Governor may, on the certificate of the Secretary to the State Government in the Administrative Department, which shall be final, conclusive and binding on the Borrower, recover all dues here under as arrears of land revenue.

IN WITNESS whereof the said (Borrower) hath hereunto set his hand the day and the year first above written.

THE SCHEDULE

Description of Motor Car/Boat/Cycle/Scooter

Maker’s name.

Description.

Number of cylinders.

Engine number.

Chassis number.

Cost price.

Signed by the Borrower.

Two witness—(1) In the presence of

Address _____________

 

Occupation __________

(2) and of

Address _____________

 

Occupation __________