Form No 25-D
(See PARAGRAPH 242)
Form of Bond to be executed by two permanent Government Servants as Sureties of a temporary Government servant granted an advance for purchase of land and/or building or construction repair of a house.
AN AGREEMENT made on the...............day of.........in the year...........corresponding to Saka Samvat................ BETWEEN.............a temporary 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 the First Surety and the Second Surety 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 the temporary servants of the Government of Uttar Pradesh have been allowed the Facility of advance for the purchase of land on which to construct a house/for the contruction of a houe / for the purchase of a house/for the repair of a house inter alia on condition that the temporary Government servant shall furnish two sureties who shall be permanent servants of the Government of Uttar Pradesh but the Sureties shall stand discharged after the Borrower becoms permanent and after the land/house has been mortgaged by the Borrower to the satisfaction of the Government on the form as may be applicable prescribed in the F. H. B. Vol, 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 :—
*(1) to purchase for the purpose of erecting a house thereon the piece of land bearing No.................situate in.......................in the registration district of...............sub-district...................thana...................containing...................more or less and bounded on the North by....................on the South by....................on the East by.........................on the West by........................
*(2) to construct a house on the piece of land No...............siuate in................the registration district....................sub-district..................thana...................containing..................more or less and bounded on the North by.........................on the South by...................on the East by......................on the West by.......................
*(3) to purchase a house with land appurtenent there to bearing No..................situate in...................in the registration district of...............sub-district....................thana...................measuring................more or less and bounded on the North by..................on the South by.......................on the East by.....................on the West by......................
*(4) to repair the house bearing No.................situate in.........................in the registration district of...................sub-district ....................................... thana.......................................................bounded on the North by............................................. on the South by...................................................................................................... on the East by..................................................... on the West by..........................................................
AND, WHEREAS, the said loan is being paid under the................................................................... provisions of the Account Rules of the Government (hereinafter referred to as the said Rule which expression shall include any amendments or additions thereto for the time being in force) and on the conditions hereinafter contained.
NOW THIS DEED WITNESSES as follows:—
1. In consideration of the sum of........................................................................................................... (in words.....................................................) agreed to be paid by the Government to the Borrower in one lump *sum/in the *instalments mentioned in the Schedule hereto the Borrower hereby covenants with the Governor as follows:—
(1) The Borrower shall within.......................................... month/months of the date of these presents expend the full amount of the said loan for the purpose aforesaid and if the actual expenditure is less than the loan, he shall repay the difference to the Governor forthwith.
(2) The Borrower shall repay to the Governor the said amount with interest calculated occording to the said Rules by monthly deductions from his salary as provided by the said Rules and hereby authorises the Government to make such deductions.
(3) The Borrower shall immediately after the drawal of the said loan or any part thereof commence and erect thereon a suitable residence for his own use and in the case of advance for repairs, shall immediately carry out the repairs.
(4) The Borrower shall within.............................................................. calendar months from the date of drawal of the loan or the first instalment thereof, as the case may be, execute a document mortgaging the said house/the said piece of land and the house to be erected theron to the Governor as securiy for the amount lent to the Borrower as aforesaid and interest in the form provided by the Rules.
*Delete whichever not applicable
2. If the Borrower commits breach of any condition of 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 hereby agree that they shall be jointly and severally liable to pay the said principal sum together with interest thereon aforsaid and hereby authorises the Government to make such deductions from their respective monthly salaries. Provided that the obligations of the sureties hereunder shall stand discharged after the Borrower becomes permanent and after the Borrower furnishes the registered mortgage deed in accordance with the provision herein contained.
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 dues hereunder from the Borrower and/or the Sureties as arrears of land revenue.
5. The Governor shall also be entitled to recover the balance of the said advance with interest remaining unpaid at the time of the Borrower’s retirement or death preceding retirement/ceasing to be in the service of the Government or death preceding such ceaser from the whole or any specified part of the gratuity that may be sanctioned to the Borrower and/or the Sureties.
6. The expression "the Borrower" and "the Sureties" shall unless there be anything repugnant to the subject or context include their respective heirs, legal representatives and successors and the expression "Governor" shall include 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:
(Correction Slip No. 33, dated September 15, 1983)
[Vitta (Lekha) Anubhag-1, File no. 15 (2) -80]