FORM No. 10

[See Subsidiary Rule 157-A (4) (a) (IV)]

Bond for temporary government servants granted extraordinary leave for Study in India or abroad

KNOW ALL MEN BY THESE PRESENTS THAT I, Mr./Mrs./Miss.....................(Principal), s/o, w/o, d/o,......................of..........at present employed as....................in the Department/Office of.........................AND Mr.......................s/o..................r/o.........................(Surety) do hereby bind ourselves and our respective heirs, executors and administrators, to pay to the Governor of Uttar Pradesh, his successors and assigns (hereinafter called "the Government") on demand the sum of Rs. (*) (Rupees..........................................................................) and other expenses, if any, which the Government may incur on the Principal together with interest thereon computed from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave has been sanctioned, or, if payment is made in a country other than in India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India.

NOTE—The expression "Bank rate" mentioned above means the rate made public by the Reserve Bank of India as the standard rate at which it is prepared to buy or rediscount bills of exchange or other commercial paper eligible for purchase under the Reserve Bank of India Act.

WHEREAS the Government has, at the request of the above Principal Mr./Mrs./Miss............................,employed as a................................granted him/her regular leave, followed by extraordinary leave without pay and allowances, for a period of.........................................months..............days with effect from..........................................in order to enable him/her to study at.................

AND WHEREAS the Government has appointed/will have to appoint a substitute to perform the duties of..................................................(designation) during the period of absence of the Principal on extraordinary leave.

AND WHEREAS failure on the part of the Principal to resume duty on the expiry of the period of the extraordinary leave shall be deemed as resignation of the Principal from the service of the Government, but such deemed resignation shall in no way release the Principal or the Surety from their liability hereunder.

AND WHEREAS it has been agreed between the above Principal and Surety of the one part and the Government of the other part that for the better protection of the interest of the Government, the said Principal and the Surety should execute such bond as above written and with such condition as is hereunder written.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT IN THE event of the above Principal, Mr./Mrs./Miss.........................................failing to rejoin, on the expiry of the period of extraordinary leave, the post originally held by him/her and serve the Government after rejoining for such period not exceeding a period of

(†).....................................................years as the Government may require or refusing to serve the Government in any other capacity as may be required by the Government on a salary to which he/she would be entitled under the rules the said Principal and/or Surety or their respective heirs, executors and administrators shall forthwith pay to the Government on demand the said sum of Rs. ( * )....................................................(Rupees....................................................) and other expenses, if any, which the Government may incur on the Principal together with interest thereon as aforesaid.

AND upon the Principal and/or Surety making such payment, the above written obligation shall be void and of no effect. otherwise it shall be and remain in full force and virtue.

PROVIDED THAT the liability of the Principal and/or the surety hereunder shall not be impaired or discharged by reason of the deemed resignation of the Principal upon his failure to resume duty on the expiry of the period of the extraordinary leave.

PROVIDED ALWAYS that the liability of the Surety hereunder shall not be impaired or discharged by reason of time being granted or for any forbearance, act or omission of the Government or any person authorised by them (wither with or without the consent or knowledge of the surety) nor shall it be necessary for the Government to sue the Principal before suing the Surety for amounts due hereunder.

THIS BOND shall in all respects be governed by the laws of India for the time being in force and the rights and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate courts in India.

The stamp duty shall be borne by the Government.

IN WITNESS to the above written bond, the Principal and the Surety have hereunto set their hands on the dates mentioned against their respective signatures.

Signed by

(*) The amount entered should be equal to ten times the pay which the government servant is drawing at the time of proceeding on leave.

(†) The duration of stipulated service under the Government after return from leave should not be less than three years.