In special circumstances an advance may be granted to an officer or servant for the purchase of a house in places where house rent is exceptionally high. Rules 495 to 505 shall, so far as may be apply to the grant of such advances; provided that the officer or servant shall be required not only to execute the mortgage-deed required by Rule 502 but also to deposit with the Council satisfactory evidence that he shall acquire by the purchase a goods, and safe title to the house.Advances for purchase of houses may not be drawn in full at once. Satisfactory evidence must be produced to show that the amount advanced has been spent on the purchase within three months of its drawal. [The recovery of advance so paid shall commence from the pay of the employee from the month following that in which it is drawn.] [Substituted vide H.U.D. Deptt Notification No. 32057/18.10.1979.].Form No.-IForm of mortgage bond for motor car/cycle advanceThis indenture made this.................day of................. between (hereinafter called the borrower of the one part and the Municipal Council (hereinafter called Council) of the other part.Whereas the borrower has applied for an advance to purchase the motor described in the Schedule hereto on the terms of provision contained in Rules 83 to 494 of the rules issued under the Orissa Municipal Act, 1950 (hereinafter referred to) as the said rules which expression shall where the context so admits include any amendment thereof or addition thereto for the time being in force. Now This Indenture Witnesseth that in consideration of the sum of Rs.............On or before the execution of these presents paid by the Council to the borrower (the receipt whereof the borrower hereby acknowledges) he the borrower both hereby assigns and transfers upto the Council all that motor car more particularly described in the 'Schedule' hereunder written by way of security for the said sum of Rs................and interest thereon calculated according to the said rules and the borrower both further agrees and declares that he will duly pay to the Council the sum of Rs................aforesaid or the balance thereof as shall not have repaid at the date of these presents by equal payments of Rs..................each on the first day of every month after the date of these presents and will pay interest on the sum owing calculated according to the said rules in the manner provided by the said rules; provided always and it is hereby agreed and declared that if the borrower shall at any time make default in the payment of the said instalments for the period of 10 days after the time herein before provided for payment thereof or if the borrower shall leave the service of the Council or die or if the borrower shall become insolvent or make any composition or arrangement with his creditors or if any one shall take proceedings in execution of any decree or judgement against the borrower the whole of the said principal sum which shall for the time being remain unpaid together with interest thereon calculated according to the said rules shall forthwith become payable and it is hereby agreed and declared that the Council may on the happening of any of the events hereinbefore mentioned seize and take possession of the said motor car and either remain in possession thereof without removing the same or else may remove and sell the said motor car either by public auction or private contract and may out of the sale moneys retain the principal sum aforesaid or so much thereof as may for the time being remain unpaid and interest thereon calculated according to the said rules all costs, charges, expenses and payments properly incurred or made in maintaining, defending or realizing his rights hereunder and shall pay over the surplus, if any, to the borrower, his executors, administrators or representative and the borrower hereby further agrees with the Board that he will not permit or suffer the said motor car to be destroyed or injured or to be deteriorate in a greater degree than would deteriorate by reasonable wear and tear thereof and will whenever the said motor car injured or deteriorated forthwith repair and make good the same and will keep the said motor car, insured against loss or damage by fire or accident.In witness whereof the said (borrower) both hereunto set his hand.The schedule above referred to Signed by the said (borrower)Signature of borrowerin the presence of..............and..............Form No.-IIForm of mortgage bond for house building advanceThe indenture made the..........................day of...............................Two thousand and...............Between............................ of an officer of the Municipal Council (hereinafter referred to as the mortgagor which term shall where the context so admits include his heirs, executors, administrators and assigns) of the one part and.........................(hereinafter referred to as the mortgage which term shall where the context so admits include his successor and assigns) of the other part.Whereas The Mortgagor is absolutely seized and possessed of or otherwise well entitled to the land hereditaments and premises hereinafter described and expressed to-be hereby conveyed, transferred and assured (hereinafter referred to as the said hereditaments).And Whereas the mortgagor has applied to the mortgagee for an advance of the sum of Rs................ for the purpose of enabling him to defray the expenses of as a suitable residence for his own use.And Whereas under the provisions contained in Rules 484 and 495 to 505 of the rules issued under the Orissa Municipal Act, 1950 hereinafter referred to as the said rules which expression shall where the context so admits, include any amendment thereof or addition thereto (for the time being in force) the mortgagee has agreed to advance to the mortgagor the said sum of Rs.............payable as follows that is to say the sum of Rs...........on or before the execution of these presents and balance unless and until the power of sale applicable hereto shall become exercisable by equal instalments payable quarterly, the first of such instalments be payable on the....................day of...........Now this Indenture Witnesseth that in pursuance of the said agreement in consideration of the sum of Rs.................. paid on or before the execution of these presents to the mortgagor by the mortgagee the receipt whereof the mortgagor both hereby acknowledged for the purpose of enabling the mortgagor to defray the hereinbefore recited expenses the mortgagor hereby covenants with the mortgagee to repay to the mortgagee the said sum of Rs. and such further sum as shall hereafter be paid by him to the mortgagor pursuant to the hereinbefore recited agreement in that behalf and..............interest thereon calculated according to the said rules on the...........pay of next and if the loan shall not be repaid on that date will pay interest in accordance with the said rules and this indenture also witnesseth that for the consideration aforesaid he the mortgagor both hereby convey, transfer and assure unto the mortgagee all that piece of land situate in the district of more registration district of sub-registration districts of containing more or less now in the occupation of the mortgagor and bounded on the North by.............on the South by............on the East by.................and on the West by.............together with the dwelling house and the out offices, stables, cook rooms and outbuildings now erected or hereafter to be erected on the said piece of land together with all rights easement and appurtenance to the said hereditaments or any of them belonging to Hold the said hereditaments with their appurtenances including all erections and buildings hereafter erected and built on the said piece of land unto and to use of the mortgagee absolutely subject to the proviso for redemption hereinafter contained provided Always that if and as soon as the said advance of rupees (and of such further sums may have been paid as aforesaid) made upon the security of these presents shall have been repaid and interest thereon calculated according to the said rules deduction of monthly instalments of the salary of the mortgagor as in the said rules mentioned or by any other means whatsoever then and in such case the mortgagee will upon the request and at the cost of the mortgagor recovery, re-transfer or reassure the said hereditaments unto and to the use of the mortgagor or as he may direct it is hereby agreed and declared that if there shall be any breach by the mortgagor of the covenants on his part herein contained or if he shall die or quit the service before the said sum of rupees................ (and any further sums as may have been paid as aforesaid) and interest thereon calculated according to the said rules shall have been fully paid off then and in any of such, cases it shall be lawful for the mortgagee to sell the said hereditaments or any part thereof either together or in parcels and either by public action or by private contract with power to buy in or rescind any contract for sale and to resell without being responsible for any loss which may be occasioned thereby And to do and execute all such acts and assurances for effectuating any such sale as the mortgagee shall think fit And it is hereby declared that the receipt of the mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom And it is hereby declared that the mortgagee shall hold the money to arise from any sale in pursuance of the aforesaid power Upon Trust in the first place there out to pay all the expenses incurred on such and in the next place to apply such moneys in or towards satisfaction of the moneys for the time being owing on the security of these presents and then to pay the surplus, if any, to the mortgagor and it is hereby agreed and declared that the said rules shall be deemed and taken to be part of these presents.The mortgagor hereby covenants with the mortgagee that the mortgagor will during the continuance of this security observe and perform all the provisions and conditions of the said rules on his part to be observed and performed in respect of these presents and the said hereditaments.In Witness whereof, the mortgagor both hereto set his hand the day year first above written.Signed by the said (mortgagor)In the presence ofFirst witness,AddressOccupationSecond witness.AddressOccupation(The deed should be registered)Form No.-IIIForm of mortgage bond for house building advances granted to officers who do not possess full proprietary rights in the land upon which they intend to build a houseThis Indenture made the...........................day of .................Between......................................of........................an officer of the Municipal Council of.............(hereinafter called the Mortgagor which term shall where not repugnant to the context includes his heirs, executors and administrators part and the Municipal Council of ...........................(hereinafter referred to as the mortgagee which term shall where not repugnant to the context include his successors and assigns) of the other part.Whereas the mortgagor is entitled to the piece of land, hereditaments and premises hereinafter described under a lease from dated.....................for a term of...........years expiring subject to a rental of Rs..............per.........And Whereas the mortgagor has applied to the mortgagee for an advance of sum of Rs............... per.............for the purpose of enabling him to defray the expenses of.............................as suitable residence for his own use.And Whereas under the provisions contained in Rules 484 and 495 to 505 of the rules issued under the Orissa Municipal Act, 1950 (hereinafter referred to as the said rules which expression shall where the context so admits include any amendment thereof or addition thereto for the time being in force and shall be deemed to form part of these presents) the mortgagee has agreed to advance to the mortgage or the said sum of Rs...............payable as follows that is to say the balance (unless and until the power of sale applicable hereto shall have become exercisable) by equal instalments payable quarterly the first of such instalments to be payable on the........day of..........Now This Indenture Witnesseth that in consideration of the said advance And in pursuance of the said agreement the mortgagor both hereby covenant with the mortgagee to pay the mortgagee the said sum of Rupees................. (and such further sums as shall hereafter be paid by him to the mortgagor pursuant to the hereinbefore recited agreement in that behalf) and interest thereon calculated according to the said rules on the day of next and if the loan shall not be repaid on that date will pay interest in accordance with the said rules.And This Indenture Also Witnesseth that for the consideration aforesaid the mortgagor both hereby demise let and transfer unto the mortgage All That piece of land situate in the registration district of sub-district, thana containing more or less and bounded on North by..........................on the South by .........................on the East by............................and on the West by................together with the dwelling house and the out officers, stables, cook rooms and out buildings and all kind used or intended to be used with the said dwelling house (lately erected together with all rights, easement and appurtenance to the same or any or them belonging To Hold the said premises including all erections and buildings hereafter erected on the said land unto the mortgagee, his successors and assigns for all the residue now unexpired of the said term of year granted by the said lease except the last day of the said term Provided Always that if and as soon as the said advance of Rs..............and of such further sums as may have been paid as aforesaid made upon the security of these present and interest thereon calculated according to the said rules shall have been repaid by the deduction of monthly instalments of the salary, of the mortgagor as in the said rules mentioned or by any other means whatsoever the demise hereby made shall be void AND the mortgagor hereby covenants with the mortgagee that the lease creating the term of State for which the said land is held by the mortgagor is now a good, valid and effectual lease and is in full force unforfeited and unsurrendered and free from encumbrances and in nowise become void or voidable and that all the rents reserved thereby and all the covenants, conditions and agreements contained thereon and on his part be paid, observed and performed have been paid, observed and performed up to the date of these presents And also that the mortgagor will at all times so long as any money remains due on the security of these presents pay, observe and perform or cause to be paid, observed and performed all the said rents, covenants, conditions, and agreements and will keep the mortgagee indemnified against all actions, proceedings, cost, charges, claims and demands if any to be incurred or sustained by the mortgagee by reason of the nonpayment of the said rents or non-observance of non-conditions, performance of such covenants of agreements or any of them And Also that the mortgagor now has good right and full powers to demise that said premises to the mortgage in manner aforesaid AND that it shall be lawful for the mortgagee to enter into and upon and to hold and enjoy the said demised premises during the terms hereby granted without any interruption or disturbance by the mortgagor or any person claiming through or in trust for him And that the mortgagor at the request and any time hereafter of the mortgagee will at his own cost execute do all such assurances and things as may be necessary or proper for more effectually vesting the said premises in the mortgagee in manner aforesaid as may by the mortgagee be reasonably required Provided Always and it is hereby agreed and declared that if there shall be any breach by the mortgagor of the contenants on this part herein contained or if he shall die or quit the service at any time before all sums due or payable to the mortgagee on the security of these presents shall have been fully paid off then and in any of such cases it shall be lawful for the mortgagee to sell the said premises or buildings or any part thereof either together or in parcels and either by public auction or by private contract with power to buy in or in to rescind any contract for sale and to sell without being responsible for any loss which may be occasioned thereby or to let the same for any term or period and to do and execute all such acts and assurances for effectuating any such sale or letting as the mortgagee shall think fit And it is hereby declared that the receipt of the mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom and it is hereby declared that after any sale of the premises or any part thereof under the aforesaid power the mortgagor shall stand possessed of the premises so sold for the last day of the term granted to him by the hereinbefore recited lease IN trust of the purchaser, his executors, administrators and assigns and disposed of as he or they may direct And it is hereby declared that the mortgagee shall hold any rents, profits, premiums, salami or money arising from the premises or from any such letting or sale as aforesaid Upon trust in the first place there out to pay all expenses attending such sale or otherwise incurred in relation to this security and in the next place to apply such moneys in or towards satisfaction of the moneys for the time being owing in the security of these present; and then to pay the-surplus, if any, to the mortgagor And It Is Hereby Declared that no lease made by the mortgagor of the said premises or any part thereof during the continuance of this security shall have effect unless the mortgagee shall consent thereto in writing In Witness whereof the mortgagor both hereunto set his hand the day and the year first above written.Signed by the said (Mortgagor)In the presence of -
