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State of Punjab - Section

Section 13A in The Punjab Legislative Assembly (Grant of Advance to Deputy Ministers) Rules, 1979

13A. [ Certificate in case of conversion of a petrol driven vehicle to a diesel driven vehicle. [Inserted vide Notification GSR61/PA22/65/S.5 dated 8.9.1986.] - (a) Certified that I shall get the Motor-Car or Jeep converted to a diesel driven vehicle within a period of one month from the date of drawal of advance;

(b)Certified that I shall hypothecate the petrol driven Motor-Car or a Jeep before the drawal of the advance for its conversion to diesel driven vehicle;
(c)Certified that I shall get insured comprehensively the petrol driven Motor-Car or Jeep from the date of drawal of the advance for its conversion to a diesel driven vehicle.]
Form 'G'(See rule 7)Form of Hypothecation deep for advance for purchase of Motor-Car, Jeep, Motor Cycle, Scooter conversion of petrol driven Motor-Car or Jeep to a Diesel Driven vehicleThis 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 Punjab (hereinafter called "the Governor" which expression shall include his successors and assigns) of the other part. Whereas the Borrower has applied for and has been granted an advance of Rupees _________________ to purchase a motor-car under the Punjab Legislative Assembly (Grant of Advance to Deputy Ministers) Rules, 1979 (hereinafter referred to "as the said rules" which expression shall include any amendment thereof or addition thereto for the time being in force) on the terms and conditions contained in this Agreement dated _________________ (hereinafter referred to as the Agreement)And Whereas one of the conditions upon which the said advance was granted to the Borrower is that the Borrower would hypothecate the said motor-car/Jeep/motor cycle Scooter or for conversion of and is petrol driven motor- car or Jeep to a diesel driven vehicle] to the Governor as security for the amount advance to the Borrower,And Whereas the Borrower has purchased with or partly without the amount so advanced as aforesaid the Motor-car/Jeep motorcycle Scooter or for conversion of petrol driven motor-car or Jeep to a diesel vehicle particulars whereof are set out in the Schedule hereunder written.Now this indenture witnesseth that in pursuance of the Agreement and for the consideration aforesaid the Borrower doth hereby covenant to pay the Governor the sum of Rs. _________________ aforesaid or the balance thereof remaining unpaid at the date of these presents by equal instalments 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 from him by monthly deduction according to the said rules, and in further pursuance of the Agreement the Borrower doth hereby assign and transfer unto the Governor Motor-car/Jeep motorcycle Scooter or for conversion of petrol driven motor-car or Jeep to a diesel driven 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 hereby agrees and declares that he/she has paid in full the purchase price of the said Motor-Car/Jeep/motor-cycle Scooter or has incurred full cost for conversion of petrol driven Motor-Car or Jeep to a diesel driven vehicle and that the same is his/her absolute property and that he has not pledged and so long any money remains payable to the Governor in respect of the said advance he will not sell, pledge or part with the property in or possession of the [said Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.]Provided Always and it is hereby agreed and declared that if any of the said instalments of the principal sum or interest shall not be paid or recovered in manner aforesaid within ten days after the same are due or if the Borrower shall die or be disqualified to be member of the Punjab Vidhan Sabha or if Borrower shall sell or pledge or part with the property in or possession of the [said Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] or become insolvent or make any composition or arrangements 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 Governor may on the happening of any of the events hereafter mentioned seize and take possession of the said [Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] either remain in possession thereof without removing the same or else may remove and sell the [said motor car/Jeep/Motor cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR 61/PA.22/56/S.5 dated 8.9.1986.] either by public auction or private contract and may out of the sale moneys, retain the balance of the said advance then remaining unpaid and any interest due thereon calculated as aforesaid and all cost, charges, expenses and payments properly incurred or made in maintaining, defending or realising his rights hereunder and shall pay over the surplus, if any to the Borrower, his/her executors, administrators or personal representatives : Provided further that the aforesaid power of taking possession or selling of the [said Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] shall not prejudice the right of the Governor, to sue the Borrower or his personal representatives for the said balance remaining due and interest or in the case of the [Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] 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 Governor, the Borrower will insure comprehensively and keep insured the Motor-car against loss or damage by fire, theft or accident with an Insurance Company to be approved by the Accountant General Punjab that the Motor Insurance Company with whom [said Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] is insured have received notice that the Governor is interested in the policy and the Borrower hereby further agrees that he will not permit or suffer he [said Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] to be destroyed or injured or to deteriorate in a greater degree that 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-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.] the Borrower will forthwith have the same repaired and made good.The ScheduleDescription of [Motor-Car/Jeep/Motor-Cycle/Scooter or converted diesel driven vehicle] [Vide Notification No. GSR61/PA22/56/S.5 dated 8.9.1986.]Maker's NameDescriptionNo. of CylindersEngine No.Chasis No.In witness whereof the said _________________ (Borrower's name) and _________________ for and on behalf of the Governor have hereunto set their respective hands the day year first above written.Signed by the said in the presence of