FORM NO. 25-E

(See PARAGRAPH 244-E)

Form of Bond to be executed by two permanent Government servants as sureties of a temporary/permanent government servant granted an advance for purchase of a house under the "Self Financing Housing Scheme" of the.................................................(Name of the Board or Authority as the case may be)

AN AGREEMENT made on the....................................day of..........................................in the year. corresponding to Saka Samvat the.........................day of................................................................. BETWEEN........................................................................................................................................... a temporary/permanent servant of the Government of Uttar Pradesh serving as............................... in the office of the................................................................................................................................. son of..................................................................and resident of............................................................ (hereinafter called ‘the Borrower’ and Sri.......................................................................................... a permanent servant of the Government of Uttar Pradesh serving as................................................. in the office of the.............................................................................................................................. son of............................................................and resident of................................................................. (hereinafter called ‘the First Surety’) and Sri.,................................................................................ a permanent servant of the Government of Uttar Pradesh serving as......................................................................................................................in the office of the,.......................................................... son of.............................................................and resident of................................................................ (hereinafter called ‘the Second Surety’) (both of whom are hereinafter collectively referred to as "the Sureties") of the one part and the Governor of Uttar Pradesh (hereinafter called ‘the Governor’) of the other part;

WHEREAS, servants of the Government of Uttar Pradesh have been allowed the facility of advance for the purchase of a house under the "Self Financing Housing Scheme" of the............................................................................................................................. (Name of the Board or Authority) inter alia on condition that the Government servant shall furnish two sureties, who shall be permanent servants of the Government of Uttar Pradesh, and who shall stand discharged after the house is mortgaged by the Borrower to the satisfaction of the Government on the appropriate form prescribed in the Financial Handbook, Volume V, Part I.

AND WHEREAS, at the request of the Borrower the Government of Uttar Pradesh (hereinafter ‘called ‘the Government’) has agreed to grant him an advance of Rs...........................to enable him to purchase a ready built house (which term shall include a ready built flat) bearing no.................. situate in.....................................in the registration district of.............................................................. sub-district.................................................thana.................................................................................... measuring...............................................................................................approximately.

AND WHEREAS, the said loan is being paid directly to the said Board/Authority on behalf of the Borrower on the conditions contained in this Agreement an in the Tripartite Agreement dated.................... entered into between the Borrower, the Governor and the Board/Authority.

NOW THIS DEED WITNESSES as follows:—

1. In consideration of the sum of Rs..................................................................................................... (in words.................................................................................) agreed to be paid by the Government to the Borrower (the payment of which shall be made directly to the Board/Authority on behalf of the Borrower) in the installments mentioned in the Schedule hereto the Borrower-hereby covenants with the Governor as follows :

(1) The Borrower shall repay to the Governor the said amount with interest calculated according to the provisions of the Account Rules of the Government (hereinafter called ‘the said Rules’ which expression shall include any amendments or addition thereto for the time being in force) by monthly deductions from his salary as provided by the said Rules and the Borrower authorises the Government to make such deductions.

(2) The Borrower shall within............................................................................................................. calendar months from the date of getting possession of the House execute a document mortgaging the said house to the Governor as security for the amount lent to the Borrower and interest, in the form provided by the said Rules.

2. If the Borrower commits breach of any condition of the aforesaid Tripartite Agreement or this Agreement or if the Borrower becomes insolvent or ceases to be in the service of the Government or dies the whole amount of the loan and interest accrued thereon shall immediately become due and payable.

3. The Sureties agree that they shall be jointly and severally liable to pay the said principal sum together with interest thereon and authorise the Government to make necessary deductions from their respective salaries. But the sureties shall stand discharged, when the Borrower executes mortgage in accordance with clause (2) of this deed.

4. The 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 and the Sureties, recover all amounts due under this deed from the Borrower and/or the Sureties jointly or severally as arrears of land revenue.

5. If the Borrower dies while in service of the Government or ceases to be in the service of the Government by retirement or otherwise, and an amount is due from him under this deed, the Governor may recover such amount from the gratuity payable to the Borrower or to the undischarged Sureties or to one or more of them,

6. The expressions "the Borrower" and "the Sureties", unless there be anything repugnant to the subject or context, include the respective heirs, legal representatives and successors, and the expression "Governor" includes his successors and assigns.

In witness whereof the Borrower and the Sureties have hereunto set their respective hands the day and year first above written.

The schedule herein referred to—

Signed by the Borrower:

In the presence of—

1.

Address:

2.

Address:

Signed by the First Surety:—

In the presence of—

1.

Address:

2.

Address:

Signed by the Second Surety:—

In the presence of—

1.

Address:

2.

Address:

(C. S. No 34, dated September 15, 1983 )

[Vitta (Lekha) Anubhag-1, File no. 15 (2)-80]