APPENDIX VI

[REFERRED TO IN PARAGRAPH 103 (d) ]

(Form of Bond of Indemnity for drawing pay, pensions, annuities, etc.)

THIS INDENTURE made the..................day of.................. one thousand nine hundred and.....................corresponding to Saka Samvat...........................between the *State Bank of India, constituted under the State Bank of India Act, 1955 through its..................Branch.

*.................................... a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 through its..................Branch

*............................., a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 through its....................................Branch.

*.............................a banking company as defined in the Banking Regulation Act, 1949 through its..............Branch, (hereinafter referred to as "the Bank," which expression shall where the context admits be deemed to include their executors and administrators or representatives and their successors-in-business under the same or any other style or name) of the one part and THE GOVERNOR OF UTTAR PRADESH (hereinafter referred to as "the Governor") of the other part.

WHEREAS the Bank has been in the habit of receiving on account of their customers pay, pensions, annuities, allowances or other payments from funds administered by the Governor including payments made on behalf of other Governments from the various officials whose duty it is to disburse such payments/the Accountant General upon the production at the time of such payment of a certificate to the effect that the person on whose behalf such payment was claimed was then alive and, in the case of a pensioner, also of a certificate of non-employment according to prescribed rules.

*Delete whichever not applicable.

AND WHEREAS in order to have time and expense in obtaining payment of such sums the Governor has agreed to allow such payments to be from time to time made as they fall due without requiring the production of the said certificates save a certificate of non-employment according to prescribed rules signed by a representative of the Bank upon being indemnified by the Bank against any loss by reason of such payments as aforesaid on account of any officer who may at the date of such payment be deceased and upon the Bank entering into such an agreement as is hereinafter contained which the Bank has agreed to do.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the premises the Bank for themselves and their successors hereby covenant with the Governor and his successors that so long as the Governor shall allow such payments as aforesaid to be made without requiring the production of the certificates hereinbefore referred to, subject nevertheless as hereinafter provided, the Bank will within seven days from the date of the death of any customer for the receipt of or on whose behalf the Bank may have received any such payments as aforesaid communicate the date of such death to the official for the time being responsible for the payments to such deceased officer and further that the Bank will immediately after the expiration of the said period of seven days repay and refund to the Governor so much of any money which may have been received from such disbursing official as aforesaid on behalf of such deceased customer as aforesaid as shall be in excess of the amount of the pay, pension, annuity allowance or other payment, as the case may be, to which such deceased customer was entitled up to the date of his decease. In case the Bank fails to communicate the date of death of such deceased customer to the official for the time being responsible for the payment of such deceased officer and also fails to repay and refund to the Governor within the aforesaid period of seven days the whole of such money which was drawn in excess of the amount actually due to the deceased the Bank will have to pay to Governor in addition to the amount overdrawn interest up to a maximum rate of 6 per cent per annum as decided by the Governor in each case, from the date following the death of the customer to the date money is refunded to the Governor.

PROVIDED ALWAYS AND IT IS HEREBY AGREED and declared that the arrangement hereby made shall be determined except by express notice in that behalf given as next hereinafter provided.

PROVIDED ALWAYS AND IT IS HEREBY FURTHER AGREED and declared that either the Bank or the Governor shall be entitled to determine the arrangement hereby made on giving to the other fourteen days’ notice in writing in that behalf and on the expiration of such fourteen days this arrangement shall determine and the liability of the Bank under the covenants herein contained shall cease in respect of any such payments as aforesaid made after that date but nothing herein contained shall be deemed to exonerate or release the Bank from their liability under the covenant herein contained in respect of any such payments as aforesaid made prior to that date PROVIDED ALWAYS and it is hereby further agreed and declared that in the case of pensions the Bank will according to prescribed rules once in every year furnish to the Governor or the official or officials responsible for the payment of such pensions a certificate by one of the persons prescribed by the said rules of the life of each pensioner whose pension is paid to the Bank and a certificate of non-employment signed by the pensioner himself AND FURTHER that nothing herein contained shall be demeed to preclude the Governor or any of the said officials whose duty it is to make such payments as aforesaid from requiring the production of certificates in proof of the life of any particular person or persons entitled to receive such payments as aforesaid if the Governor or the Official/the Accountant General shall deem it necessary nor shall the Bank’s arrangement made by these presents be deemed to be thereby terminated. AND it is hereby agreed and declared that the Governor may on the certificate of the Secretary to the Government of Uttar Pradesh in the Administrative Department (which shall be final, conclusive and binding on the Bank) recover all dues hereunder as arrears of land revenue.

IN WITNESS WHEREOF.......................for and on behalf of the Bank has signed this deed on the day and year first above written.

Signed by...........................

for and on behalf of the Bank.

In the presence of

(1)....................................

Address...........................

(2)....................................

Address...........................