Insert the following Form after the Form 22-D.
FORM NO. 22-E
( See PARAGRAPH 244-E )
Form of Tripartite Agreement to be executed at the time of drawing an advance by a State Government servant for purchase of flat under the "SELF FINANCING HOUSING SCHEME" of the.......................................................................................
( Name of the Board or Authority as the case may be )
THIS AGREMENT made this.........................day of.........................
One Thousand Nine Hundred............................................ between Shri..............................son of.........................residing at...................at present serving as ........................................................( hereinafter called "the First Party" which expression shall unless excluded by or repugnant to the context be deemed to include his/her heirs, executors, administrators and legal representatives) of the first part AND ................(Name of the Board or Authority as the case may be) a statutory body having its office at................................(hereinafter called "the Second Party") of the second part and the Governor of Uttar Pradesh (hereinafter called "the Third Party") of the third part.
WHEREAS, the First Party desires to purchase a readybuilt house (which term shall inolude a readybuilt flat) from the Second Patty under its Self Financing Housing Scheme (hereinafter referred to as ‘the said Scheme’) which envisages allotment of readybuilt houses after a period of..............years and payment of the cost of the house in instalments as mentioned hereinafter.
AND, WHEREAS, the First Party has under the provisions of the rules framed by the Government of Uttar Pradesh (hereinafter called "the Government") to regulate the grant of advances to the State Government servant for building houses, etc., (hereinafter referred to as "the said Rules" including any modifications thereof) applied to the Government for an advance of Rs............to purchase a house under the said Scheme and the Government have sanctioned an advance of Rupees ..........................to the First Party vide letter no .........dated......................of ......... (sanctioning authority) a copy of which is annexed to these presents for the purpose aforesaid on the terms and conditions set forth therein.
NOW THIS DEED WITNESSES AS FOLLOWS:–
1. In consideration of the sum of Rs,..............(Insert amount already deposited) already deposited by the First Party as initial amount of registration deposit with the Second Party under the said scheme for the purchase of a readybuilt house and the sum of Rs...............(insert the amount of advance sanctioned) to be paid by the Government directly to the Second Party on behalf of the First Party, it is hereby agreed to by and between the parties hereto as follows:—
(1)(a) On the receipt of an assurance from the Second Party that the house will be allotted to the Government Servant, the First Party herein, the amount of House Building Advance permissible under the said Rules having been sanctioned to the First Party will be released on his furnishing requisite security of two permanent Government Servants as required under the Rules and the actual payment will be made to the Second Party directly by the Government as follows:—
As provided in the said scheme—
(1)........................
(2)........................
(3)........................
(4)........................
(b) When the First Party mortagaes the house as required in sub-clause (3) the sureties mentioned in the case preceding sub-clause (1) (a) will stand discharged.
Note—The final price of the house will be determined by the Second Party and the balance of the will be paid by the First Party and before delivery of possession of the house to the First Party.
The amount in excess of House Building Advance permissible and sanctioned to the First Party will be borne and paid by the First Party to the Second Party directly so as to make the payment in full to the Second Party in manner as mentioned hereinbefore.
In case there is any delay in the payment of any instalment by the Government or the First Party, in either case it will be treated a default on the part of the, First Party and the First Party shall be liable to pay a penalty at......%per annum for the period of delay on delayed payment to the Second Party.
(2) The Second Party will maintain a separate account for the First Party and adjust the payment of advances received by it from the Government against the cost of the particular category of house applied for by him.
(3) On completion of the house the Second Party will hand over its possession to the First Party forthwith along with the title in the land underneath or appurtenant, thereto, such title being on lease hold right basis, and the First Party will within............... days of the handing over of such possession, mortgage the house to Third Party as security for the said advance. He shall also furnish all such information and papers as may be required by the Government in connection thererwith.
(4) The First Party shall repay to the Government the said amount of Rs..........................................(insert full amount sanctioned with interest calculated in accordance with paragraph (6)(a) mentioned below in..................... (number of instalments to be filled in) monthly instalments,of Rs......................each from his salary payable in and from the month of............................ One thousand Nine Hundred......................or the month following the obtaining of possession of the house, whichever is earlier and the First Party hereby authorises the Government to make such deductions from his monthly salary, leave salary and subsistance allowance bills.
(5) If the First Party wants to withdraw from the said scheme or fails to pay the balance amount representing the difference between the House Building Advance sanctioned by the Government and the actual cost of the house, or quits or removed from the service of the Government or dies before he receives actual possession of the house from the Second Party, the amount of the House Building Advance will be refunded forthwith by the Second Party to the Government. The amount of initial deposit of Rs...............................................(Amount already deposited to be inserted) only will be refunded to the First Party or his legal heirs by the Second Party after deducting such amount as may be payable by him as provided in the said scheme. Provided always that in case the First Party quits or is removed from the service of the Government or dies, the Second Party may in its absolute discretion, allow the First Party or his legal heirs, if they choose so, as the case may be, to deposit the amount refunded to the Government as mentioned hereinabove after getting an undertaking from the First Party or his legal heirs, as the case may be to pay such further sum or sums as may have been payable by First Party under these presents to the Second Party and in such case the terms of this agreement as applicable to the Second Party and the First Party shall continue and shall always be deemed to have continued as binding between them irrespective of the fact that in relation to the Government this agreement has come to an end.
(6)(a) The First Party shall pay to the Government interest on House Building Advance at the following rates:—
(i) On first Rs, 25,000 @ %p.a.
(ii) On next @ %p.a.
(iii) On next @ % p.a.
(b) If the Second Party does not deliver possession of the house to the First Party within two and a half years of the payment of the first instalment by the Government to the Second Party, the Second Party shall pay interest to the Government at the rate of 7 per cent p.a after the expiry of tho aforesaid period till the delivery of the possession of the house to the First Party on the amount paid by the Government to the Second Party.
2. The Stamp Duty, if any, payable on these presents shall be borne and paid by the Government.
3. IN WITNESS WHEREOF THE FIRST PARTY has hereunto set his hand and Shri....... of the........ (Board or Authority as the case may be) has hereunto set his hand and Shri.......in the office of........ for and on behalf of the Governor of U.P. has hereunto set his hand on the respective dates given under their signatures.
(Signature of First Party)
First Witness :
Address
Occupation
Second Witness :
Address
Occupation
Signed by Sri.......... of the.............
(Board or Authority as the case may be) in the presence of :—
1.
2.
Signed by Shri.........in the office of..........for and on behalf of the Governor of U. P.
SCHEDULE OF THE PROPERTY
All that house no.............
(C.S. no. 31, dated September 15, 1983)
[Vitta (Lekha) Anubhag File No. 15 (2)-80]