State of Uttar Pradesh - Act
Regulations For The Disbursement of Loans Under The Low Income Group Housing Scheme, 1968
UTTAR PRADESH
India
India
Regulations For The Disbursement of Loans Under The Low Income Group Housing Scheme, 1968
Rule REGULATIONS-FOR-THE-DISBURSEMENT-OF-LOANS-UNDER-THE-LOW-INCOME-GROUP-HOUSING-SCHEME-1968 of 1968
- Published on 1 January 1968
- Commenced on 1 January 1968
- [This is the version of this document from 1 January 1968.]
- [Note: The original publication document is not available and this content could not be verified.]
074.
1. Short title and commencement.
2.
3. Application of the money.
- The amount so received shall be applied to (i)acquisition and development of land by the Parishad ;(ii)construction of houses by the Parishad; and(iii)advancing loans to the following categories of persons/institutions on the conditions prescribed for each category:(a)For building and owning their houses. - Individuals with an annual income not exceeding Rs. 7,200.00 from all resources.(b)For the construction of houses to the following institutions for being let out on a no-profit no-loss basis to their own whole time employees eligible as per sub-para (a) above :(i)Public instructions run on a no-profit no-loss basis ;(ii)Non-governmental but recognized :4.
Loans will also be admissible to Local Bodies (Corporations and Municipalities and Improvement Trusts) for the construction of houses which will be whole-time employees and also to other persons eligible under sub-para (a) of Rule 3 above on a no-profit no-loss basis. The local bodies will have to contribute 20 per cent. of the cost of the houses from their own resources.5.
The loan for construction of houses under this scheme shall be given to a person or institution who owns a plot of land within a city or municipality freely and exclusively.6.
External development of the area in which the house/houses are proposed to be constructed out of loan is necessary before the loan is advanced or, at least, the external development should be assured before the construction is completed.7.
Maintenance of accounts. - The accounts in respect of the loans disbursed out of the amount received from the State Government under the Low Income Group Housing Scheme shall be maintained in a separate register.8.
Eligibility of individuals for loans. - (1) A person desirous of constructing a house for residential purpose within the limits of the City or Municipality or within such area outside the limits of the City or Municipalities as may be specified in the notification under section 354 of the U.P. Nagar Mahapalika Adhiniyam, 1959, or under section 3 of the U.P. Municipalities Act, 1916, as the case may be, will be, eligible for the loan provided that -9. Amount of loan.
10. Security for the loan.
- Every borrower shall be required to furnish the following security:11.
The rate of interest to be charged by the Board on loans granted by it shall not ordinarily exceed the rate of interest payable by the Board to the State Government, Life Insurance Corporation, etc., by more than 1/2 per cent. per annum.12. Repayment of the loan with interest thereon.
- The loan will carry interest, from the date on which it is advanced. The instalment of accumulated interest, calculated at the simple interest at the rate prescribed by the State Government shall be paid in one lump sum, within fifteen days after the expiry of eighteen months from the date of withdrawal of the first instalment of the loan. Each month thereafter, the principal together with interest thereon, shall be paid in 342 (maximum) monthly equated instalments, each such instalment being calculated as one-sixth of the half-yearly equated instalment (including principal and interest), for the repayment of the principal and interest at the prescribed rate within the maximum period prescribed in Rule 19.13. Forms of application.
- Application in the prescribed form as in Annexure 'A' and other forms for loans shall be available on payment of Rs. 2 from the office of the Housing Commissioner.14. Application for loans.
- All applications for loan shall be submitted to the Housing Commissioner on the prescribed form. Documents and certificates listed in the application form shall invariably accompany the application.15. Sanction for loan.
- The Housing Commissioner shall, after receipt of the applications, cause such scrutiny and inquiries to be made as he may deem proper. On completion thereof he shall pass necessary orders on the application.16. Priorities in advancement of loans.
- Priorities granting of loans shall be fixed in the following order:17. Disbursement of Loan. A - Loan for construction of a house.
18. Restriction of loans.
19. Repayment and further interest in case of default.
- Repayment shall be made in the manner laid down in Regulation 12. Each instalment shall become due on the first day of every month. If any instalment remains unpaid by the fifteenth day of the month, the borrower shall be liable to pay further interest on instalment at the rate of three per cent. per annum over and above the rate of interest leviable under Regulation 11 till repayment has been made. In case of any instalment remaining unpaid for six months or for breach of any provisions the entire outstanding amount of the loan with interest shall become payable forthwith and without prejudice to any other mode of recovery under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, or any other law for the time being in force, shall be recoverable as arrears land revenue.In case the recovery of the unpaid amount of the loan is not made for a period of three months from the date it fell due, the Housing Commissioner shall be at liberty to take unconditional possession of land and building covered by the loan besides taking such other action as may be open to him under the law and/or these regulations.In case where a borrower is desirous of altering the monthly equated instalments by offering to repay the loan in a period shorter than the originally stipulated one, he may, during the currency of the entire period of repayment, exercise a maximum of two options for altering the number and quantum of monthly equated instalments, exclusive of the first option exercised by him at the time of execution of the prescribed Agreement/Mortgage-cum- Surety Bond. Any such option to be exercised by a borrower, should be for curtailment and not for extension of the period of repayments. In such cases, the recovery of the balance amount of loan will be regulated as follows:20. Full repayment before thirty years.
- The loan shall be repayable within thirty years from the date on which the first instalment is advanced in the manner prescribed in Rule 12. However, it shall be open to a borrower to deposit the entire amount outstanding against him at any time during the terms of repayment of thirty years.21. Plans and specifications.
- The intending borrower shall submit with his application form building plan duly sanctioned by the Prescribed Authority/ Municipal Board or competent authority concerned and shall follow at least specifications enclosed with the application form.22.
The applicant shall complete the construction of the house by the end of the financial year in which the first instalment of the loan is advanced or by the specific date as may be determined by the Parishad at the time of sanctioning the loan.23.
The applicant shall get his house insured against risk of fire or any other risk with the Life Insurance Corporation of India for an amount not less than the amount of the loan and shall maintain the same for an amount not less than the principal and interest outstanding against him from time to time, as may provided for by the Parishad, at his own expenses and as provided for in the Mortgage Bond.24.
If there is no substantial progress within six months after the date of advance of the instalments of loan or if the progress made has no relation to the amount of money advanced, or if the applicant fails to observe these regulations or the conditions governing the loan, the Housing Commissioner shall be at liberty either to withdraw or suitably curtail the loan or withhold the payment of remaining instalment (s), if any, after giving reasonable notice in writing to the borrower.25.
The applicant shall utilise the amount advanced under the scheme for the purposes for which it is advanced and for no other purpose. He shall abide by the regulations as amended from time to time.26.
Except with the previous sanction in writing of the Housing Commissioner the applicant shall not transfer by way of sale, gift or mortgage the land and the building erected on it or any right or tile or interest therein till such time as the full amount of the loan and interest due has been paid to the Parishad.However, in special cases of hardship during the period of validity of the loan, the Housing Commissioner may permit sale of house and land provided that -27.
The applicant shall maintain a regular, accurate, separate and complete account of all expenses incurred and materials purchased in connection with the construction of the said house, and shall furnish such returns and information as may . be required by the Parishad from time to time and shall allow any person or persons authorised by the Parishad to inspect the building under construction and the building materials and stock built or purchased with the aid of the loan advanced to him.28.
The loanee shall maintain the house in good repair, and shall pay all rates and taxes regularly, and shall keep the house insured, at his own expense, with the Life Insurance Corporation of India only or with any other company approved of in writing by the Parishad, against such other risks, if any, as may be prescribed by the Parishad from time to time.29.
Till such time as the loan has been repaid in full with interest the loanee shall be required to obtain in writing permission of the Parishad to make any alteration in the house once constructed according to approved plan.30.
Action in case of breach of any of the terms. - In the event of breach of any of the terms and conditions contained in these regulations and in the instrument to be executed by the applicant, the entire amount of loan advanced shall become payable forthwith in lump sum and the Parishad shall be entitled to foreclose the mortgage, eject all occupiers of the house and take possession of the same :Annexure 'A'Application form for loan under the Low Income Group Housing SchemeNote. - Please give clear statements in columns provided in the form an enclose documents and certificates in support of your statement.Proof enclosure no...................1. Amount of loan applied for Rs.......................................
(in words) Rs...........................................................2. Name of applicant (In Block Letters).................................................Son of...........................................................
3. Permanent Address................................................ .
4. Postal Address......................... ......................... ..
Note. - (Any change in address be communicated to the sanctioning authority without delay).5. (i) Are you a Displaced Person migrating........................from Pakistan?
6. Are you a member of Scheduled Caste ?
If so please enclose a certificate issued by the District Harijan and Social Welfare Officer to this effect.7. Age of the applicant..........................years.
8. Annual income from all sources with source of income..................
(Note. - Documentary evidence of income assessed for purposes of Income tax or a certificate from the employer or any two responsible persons to the satisfaction of the Housing Commissioner to the effect that the borrower comes within the eligible income group should be attached.)9. Occupation with full particulars......................................
10. (i) If a Government servant, please stale...........whether you are in Central or State service.
11. Do you own a plot of land freely and.....................execlusively ?
If so, please give the following details.12. Estimate of cost with name and designation.................of technical person who has verified the estimate Rs...........(Enclosure no.)........of cost.
Certificate by Sri.....................(To be verified by a Technical person not below the rank of an Overseer).Designation.................... andAddress........................13. Has the plan of the proposed house been....................sanctioned
by the competent Authority ?(Please enclose the sanctioned plan with an attested copy of the sanction order)...........................Enclosure no.........................14. Is the proposed plot of land free from all..............encumbrances ?
(Please enclose original sale-deed and its one attested copy and a certificate of person who examined Registration Office record).Registration record verified by Sri...........15. Other liabilities of theapplicant, if any ................................
| 16. | Do you undertake to complete the construction ofthe house by the end of the financial year in which the firstinstalment of the loan is advanced or by the specific date may bedetermined by the Parishad at the time of sanctioning the loan ? | ............................ |
| 17. | Do you undertake to repay the loan together withinterest at such rate as may be prescribed by the Parishadthereon in 342 equated monthly instalments in a period notexceeding 30 years | ............................. |
| Note. - The loan will carry interest from the dateon which it is advanced. | ||
| (2) For the first eighteen months from the date ofadvancing the loan only simple interest, as provided, shall bepaid in monthly instalments commencing from the month followingand thereafter the principal and interest thereon shall be paidin equated monthly instalments within the maximum period of 30years. | ||
| 18. | Do you undertake to invest at least 20 per cent. ofthe total cost of the proposed house (inclusive of land) fromyour own resources ? | ............................. |
| 19. | Have you taken any other loan from the Governmentfor construction of a house or purchase of a house under anyHousing Scheme of the State or the Central Government either inyour own name or in the name of your wife/husband or dependentchild? If so, please given full particulars | ............................. |
| 20. | Have you previously availed yourself of any otherfinancial assistance either from the Central or State Governmentfor the construction or purchase of a house anywhere in India ?If so, please give full details | ................... ........ |
| 21. | Name (in Block letters), occupation and full postaladdress of the person (other than the borrower) whom the borrowerproposes to furnish security. | .......................... |
| 22. | Do you own any other house within the area whereyou propose to construct the house from the borrowed funds ? | ............................ |
| 23. | Do you own any other house/houses within the Stateof Uttar Pradesh ? | ............................ |
| If so, please give full particulars of thehouse/houses no./Khasra No. plot no./mohalla/Name ofCity/Town/Village/Pargana/Tahsil/District. | .......................... | |
| 24. | Is the proposed house is required for your bonafide residential purpose? | .......................... |
| 25. | Do you undertake to get the land and the houseconstructed thereon to be insured for the full amount against therisk of fire or any other risk, etc., at your own expense andkeep the Insurance policy alive for the full amount of thebalance of the principal and interest due thereon from time totime till the final repayment of the principal and interest dueat your own expense? | ............................ |
26. Declaration by the applicant. - I hereby declare that -
| Square feet | |
| (i) Living room | 120 |
| (ii) Multipurpose room including kitchan | 84 |
| (iii) Bath-room | 16 |
| (iv) W.C/Latrine | 12 |
| Total = | 232 |
9.
" wide and 3-¼" to 4" long R. C. C. shelves will be ½ thick and all the sides plastered with 1:6 cement mortar. The concrete for R.C. C. shall consist of 1 part cement, 2 parts coarse sand and 4 parts stone grits of 34 gauge.Rain water spouts -These will be of cast iron or asbestos pipes 4" diameter, Platforms 2' x 3' will be constructed on ground level below these spouts to catch the water. The platforms will be of 1:2:4. i.e and of 1" thickness over 3" lime concrete as in case of floors.Fire places and chullas flues -Fire places and chullas flues will have proper flues to make them smokeless, Design may vary according to requirements.Apron -3.
' wide and 4-½" thick (unramed thickness) rammed kankar or flat bricks laid in kankar lime of (1:6) cement and sand mortar over 3" lime concrete and pointed with 1:2 cement and sand mortar apron shall be provided in front and sides of the main building.Note - There will, however, be no objection if the borrower adopts equivalent or better specification for any particular item in the house.Annexure 'C'Law Income Group Housing SchemeMORTGAGE DEED(To secure loan taken for construction of house on the developed plot of land)THIS DEED OF MORTGAGE is made on the.........................day of........... one thousand nine hundred and..................BETWEEN Sri.................,aged....................years, son of Sri...............resident of........................., occupation.................(hereinafter called the Borrower)of the first part and the U.P. Avas Evam Vikas Parishad, Lucknow, a Parishad constituted under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 with its HEAD OFFICE at Lucknow (hereinafter called the Parishad") of the second part and Sri........................son of Sri........resident of.........................(hereinafter called the surety) of the third part.WHEREAS the Government of the U.P. have launched a Middle Income Group Housing Scheme to provided long term credit to the public in the Low Income Group to enable them to construct houses for their own use.AND WHEREAS a to facilitate the disbursement of the said loans to such persons as fulfill the requirements of the said scheme, the Government of U.P. has agreed to place funds in the hands of the Parishad (as interest-bearing loan to the Parishad) the Parishad has issued a leaflet containing the regulations governing advance of loans for construction of residential houses under the Low Income Group Housing Scheme as approved by the Parishad (hereinafter called "the said regulations" which expression shall include any amendments thereto for the time being in force);AND WHEREAS the Borrower is eligible to request for a loan under the said regulations.AND WHEREAS by an Agreement, dated.................... day of.............. 19..............and made between the Borrower of the one part and the Parishad of second part, the Parishad has agreed to advance and lend to the Borrower the sum of Rs.............(in words) Rupees.......... ......only for the purpose of construction of house on plot of land bearing.............situated in Mohalla.........., City/Town........, District........., described and entainted to be hereby transferred and a assured as security for such loan the Borrower agreed to execute a Mortgage in favour of the Parishad in the from of these presents;AND WHEREAS under the Agreement hereinbefore recited the Parishad also agreed to lend to the Borrower the sum of Rs.......(in words) Rupees..............only for the purpose of enabling the Borrower to construct a suitable residence for his own use on the land as aforesaid, and in pursuance of the said agreement the Borrower is to execute a mortgage in favour of the Parishad in the form of these presents;AND WHEREAS the surety has jointly and severally agreed to give security stand surety for the proper utilization and repayment of such loan in the manner hereinafter appearing in the said Regulations;NOW THIS DEED WITNESSES as follows :In pursuance of the hereinbefore recited Agreement made on the.........day of.............19............and in consideration of the sum of Rs........... (in words)Rupees...............only to be paid by the Parishad to the Borrower in the instalments mentioned in the Schedule to enable the Borrower to construct a suitable residence for his own use on the land as aforesaid, the Borrower hereby covenants with the Parishad as follows:2. For the consideration aforesaid the Borrower hereby transfers by way of simple mortgaged to the Parishad ALL that land described in the Schedule hereto along with the house to be constructed thereon and the materials stored thereon TO THE INTENT that the said premises shall remain and be charged as security for repayment to the Parishad of the said principal, money, interest; and cost in accordance with the covenants hereinbefore contained.
3. That if for any reason the Borrower abandons the idea of constructing the house or fails to construct the house within the period prescribed in that behalf under this deed or if and whenever the said repayment instalment of principal or any instalment of interest shall be in arrear and unpaid for a period of three calendar months whether the same shall have been lawfully demanded or not or if there shall be a breach or non- observance of any of the covenants by the Borrower herein contained or if the Borrower shall neglect to keep the mortgaged premises or any part thereof in good and substantial repair to pay the rent, rates, assessments, outgoings, dues and duties, if it appears to Parishad or the Housing Commissioner that false or misleading information or any material point was given by the Borrower at the time of obtaining loan or if there is a reasonable apprehension that the Borrower is unable to pay its debts then and in any such case the Parishad/Housing Commissioner may, notwithstanding anything to the contrary said in this deed, order the Borrower to repay in full forthwith the outstanding amount of the loan with interest.
4. That in the event of the failure by the Borrower to pay the amount of the loan or any part thereof remaining payable by him or the interest thereon either pursuant to an order of the Parishad or Housing Commissioner to pay the whole amount due or on the money's becoming payable by the Borrower otherwise, it shall be lawful for the Parishad without prejudice to any other remedy available to sell all or any of the property hereby mortgaged by the Borrower cither by public auction or private contract and to apply the sale proceeds towards repayment of the amount due from the Borrower including all cost, charges and expenses. In case, however, the realisation from the properly in manner aforesaid falls short of the amount due from the Borrower, the Parishad or the Housing Commissioner shall be entitled to recover the same personally from the Borrower as well as from the movable other immovable properly belonging to the Borrower.
5. That the Borrower shall insure the said house when constructed in the joint names of the Borrower and the Parishad in one of the subsidiaries of the Life Insurance Corporation to the extent of the loan paid for the construction of house or completion of purchase of land and construction of house thereon or purchase of a newly constructed house with land on which is stands against loss or damage by fire and/or any other risk and shall deliver the policy or policies to the Parishad. The Borrower shall deep such interest policy alive till the entire loan and the interest by virtue of these presents is paid off in full to the Parishad and till such time as the entire loan and interest is not paid will the Borrower/pay all permia and sums of money necessary for keeing such insurance on foot and deliver to the Parishad/Housing Commissioner the receipt for every such payment within seven days after the same shall have become due. If the Borrower shall neglect or refuse to effect such insurance as aforesaid or to keep the same on foot by making such payment as aforesaid or to deliver such receipt as aforesaid to the Parishad/Housing Commissioner it shall be lawful for the Parishad/Housing Commissioner, to insure all such property as aforesaid to the amount as aforesaid or to the amount of any deficiency and to pay all premia on such insurance. The Borrower on demand shall repay to the Parishad all moneys expended by the Parishad in or about such insurance as aforesaid and all other costs and expenses properly incurred by it/him and will pay interest at.............per cent per annum upon any such sum until the same shall have been repaid by the Borrower to the Parishad/Housing . Commissioner and the Parishad/Housing Commissioner shall be entitled to recover all such moneys from the Borrower along with the repayment instalments as arrears of land revenue.
6. IT IS HEREBY FURTHER AGREED AND DECLARED BY THE PARTIES hereto as follows:
7. In consideration of the Parishad granting a loan to the Borrower as aforesaid, the surety jointly and severally hereby guarantees the repayment of the same with interest thereon to the Parishad/Housing Commissioner in accordance with the terms and conditions hereinbefore mentioned and in the event of failure by the Borrower to repay the same, the Parishad shall be at liberty to obtain repayment of the same from the surety personally or his movable and immovable property as arrears of land revenue:
PROVIDED ALWAYS and it is hereby agreed between the parties hereto that the guarantee herein given shall determine upon the Borrower completing the construction of the house on the land hereby mortgaged; Provided HOWEVER that the value of such constructed house (excluding the cost of land) shall be Rs........ at least as provided in the said regulations.'8. The expression "the Borrower", "the Parishad" and "the sureties" hereinbefore used shall unless such an interpretation be inconsistent with the context include in the case of the former all persons and the heirs, successors, representatives and assigns: provided further that the Borrower includes of each and every person upon whose behalf the Borrower is now entitled to contract or to accept the benefit of a contract in relation to the transaction herein contained whether such person or persons are named herein or not.
9. Any disputes or difference, which may at any time arise between the parties hereto, their respective representatives or assigns, touching or arising out of or in respect of these presents or the subject-matter thereof (the settlement of which has not been hereinbefore provided for) shall be referred to an Arbitrator to be appointed by the Legal Remembrancer to the State Government and the decision of the Arbitrator shall be final and binding on the parties to this Agreement.
IN WITNESS WHEREOF the Borrower, the Surety and..............................for and on behelf of the Parishad have signed this deed on the day and year above written.The Schedule herein referred to(Details of the Land hereby Mortgaged)Plot No......................., in mohalla...................thana....................within of...............limits of........and bounded as follows:On the north byOn the south byOn the east byOn the west byDetails of the instalments in which the said loan shall be paid by the Parishad to the Borrower.First Instalment. - Equivalent at......................per cent. of the loan to be advanced on execution of this mortgaged-deed and after the Borrower satisfies the Housing Commissioner that he has invested at least an amount equal to 20 per cent. of the estimated cost of the proposed house.Rs.........................Second instalment. - Equivalent at.............per cent. of the loan to be advanced on the satisfaction of the Housing Commissioner to the effect that the construction has reached the plinth level.Rs...........................Third instalment.. - Equivalent to..................per cent. of the loan to be advanced on the satisfaction of the Housing Commissioner to the effect that the construction has reached the roof level.Rs...........................| Signed by......................... | the Borrower____________________ |
| the Surety. |