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State of Haryana - Section

Section 11 in The Haryana Legislative Assembly Speaker's and Deputy Speaker's (Advance for Motor Car) Rules, 1976

11. Repeal.

- The Punjab Legislative Assembly Speaker's (Advance for Motor- Car) Rules, 1955, in their application to the State of Haryana are hereby repealed.Form IAgreement to be executed at the time of drawing an advance for the purchase of motor-carAn agreement made this day of One thousand, nine hundred and ___________ Between Shri _______________ (hereinafter called the Borrower, which expression shall include his legal representatives and assignees) of the one part, and the Governor of Haryana (hereinafter called the Government) of the other part, "Whereas the Borrower has under the provisions of the rules regulating the grant of advance of loan to the Speaker, Deputy Speaker, Haryana Legislative Assembly for the purchase of motor-car made under the Haryana Legislative Assembly Speaker and Deputy Speaker Salaries and Allowances Act, 1975, applied to the Government for a loan of Rs. _______ (Rupees ______________ only) for the purchase of a motor-car and the Government have agreed to lend the said amount to the Borrower on the terms and conditions hereinafter contained;Now it is hereby Agreed between the parties hereto that in consideration of the sum of Rs. ______________ paid by the Government to the Borrower (the receipt of which the Borrower hereby acknowledges) the Borrower hereby agrees with the Government (i) to pay to the Government the said amount with interest calculated according to the said rules by monthly deductions from his salary as provided for by the said rules and hereby authorises the Government to make such deductions and (ii) within one month from the date of these presents or from the extended period, if any, to expend the full amount of the said loan in the purchase of a motor-car or if the actual price paid is less than the loan to repay the difference to the Government forthwith and (iii) to execute a document hypothecating the said motor-car to the Government as security for the amount lent to the Borrower as aforesaid and interest in the form provided by the said rules and it is hereby LASTLY AGREED AND DECLARED THAT IF THE motor-car has not been purchased and hypothecated as aforesaid within one month from the date of these presents or if the Borrower within that period becomes insolvent or relinquishes his office or dies, the whole amount of loan and interest accrued thereon shall become due and payable.In witness thereof the parties have hereunto set their hands the day and year first before written.Signed by the said in the presence of ______________________
(1)__________________________________________________
(2)______________________ (Signature and designation of the Borrower)(Signature of the witnesses)Signed by (name and designation)____________________________________________________for and on behalf of the Governor of Haryana in the presence of
(1)__________________________________________________
(2)__________________________________________________
(Signatures of witnesses) (Signature and designation of the officer).
Form IIMortgage bond for motor vehicle advanceThe Indenture made this __________ day of ________ One thousand, nine hundred and __________ between _________ (hereinafter called "the Borrower" which expression shall include his heirs, administrators, executors and legal representatives of the one part and the Governor of Haryana (hereinafter called "the Government" which expression shall include his successors and assignees of the other part;Whereas the Borrower has applied for and has been granted an advance of Rupees _________________ to purchase motor vehicle on the terms specified in rule 3 of the Haryana Legislative Assembly Speaker's and Deputy Speaker's (Advance for Motor-Car) Rules, 1976 (hereinafter referred to as "the said Rules"),And whereas one of the conditions upon which the said advance has been/was granted to the Borrower is/was that the Borrower will/would hypothecate the said motor vehicle to the Government as security for the amount lent to the Borrower;And whereas the Borrower has purchased with or partly with the amount so advanced as aforesaid the motor vehicle particulars whereof are set out in the Schedule hereunder given;Now, the indenture witnesseth that in pursuance of the said agreement and for the consideration aforesaid, the Borrower doth hereby convenant to pay to the Government the sum of Rs. __________ aforesaid or the balance thereof remaining the unpaid at date of these presents by equal payments of Rs. ____________ each on the first day of every month and will pay interest on the sum for the time being remaining due and owing calculated according to the said Rules and the Borrower doth agree that such payments may be recovered by monthly deductions from his salary in the manner provided by the said Rules and in further pursuance of the said agreement the Borrower doth hereby assign and transfer unto the Government the motor vehicle the particulars whereof are set out in the Schedule hereunto written by way of security for the said advance and the interest thereon as required by the said Rules.And the Borrower doth hereby agree and declare that he has paid in full the purchase price of the said motor vehicle and that the same is his absolute property and that he has not pledged and so long as any money remains payable to the Government in respect to the said advance, will not sell or pledge the said motor vehicle or part with the possession thereof; provided always and it is hereby agreed and declared that if any of the said instalments of principal or interest shall not be paid or recovered in the manner aforesaid within ten days after the same are due or if the Borrower shall die or at any time relinquish his office or if the Borrower shall sell or pledge the said motor vehicle or part with the possession thereof or become insolvent or make any composition or arrangement with his creditors or if any person shall take proceedings in execution of any decree or judgment against the Borrower, the whole of the said principal sum which shall then be remaining due and, unpaid together with interest thereon calculated as aforesaid shall forthwith become payable and it is hereby agreed and declared that the Government may on the happening of any of the events hereinbefore mentioned seize and take possession of the said motor vehicle and either remain in possession thereof without removing the same or else may remove and sell the said motor vehicle either by public auction or private contract and may out of the sale money retain the balance of the said advance then remaining unpaid and any interest due thereon calculated as aforesaid at all cost, charges, expenses and payment properly incurred or made in maintaining, defending or realising its rights hereunder and shall pay over the surplus, if any, to the Borrower, his executors administrators or personal representatives, Provided Further that the aforesaid power of taking possession or selling of the motor vehicle shall not prejudice the right of the Government to sue the Borrower or his personal representatives for the said balance remaining due and interest or in the case of the motor vehicle being sold the amount by which the net sale proceeds fall short of the amount owing AND the Borrower hereby further agrees that so long as any moneys are remaining due and owing to the Government, he, the Borrower will ensure and keep insured the said motor vehicle against loss or damage by fire, theft, or accident with an Insurance Company to be approved by the Accountant-General, Haryana and will produce evidence to the satisfaction of the Accountant-General, Haryana that the Motor Insurance Company with whom the said Motor Vehicle is insured have received notice that the Government is interested in the policy AND the Borrower hereby further agrees that he will not permit or suffer the said motor vehicle to be destroyed or injured or to deteriorate in a greater degree than it would deteriorate by reasonable wear and tear thereof AND further that in the event of any damage or accident happening to the said motor vehicle the Borrower will forthwith have the same repaired and made good.