State of Uttar Pradesh - Act
The Regulations For Disbursement of Loans Under The Middle Income Group Housing Scheme, 1968
UTTAR PRADESH
India
India
The Regulations For Disbursement of Loans Under The Middle Income Group Housing Scheme, 1968
Rule THE-REGULATIONS-FOR-DISBURSEMENT-OF-LOANS-UNDER-THE-MIDDLE-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.]
073.
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 house- Individuals with an annual income exceeding Rs. 7,200.00 but not exceeding Rs. 15,000 from all sources.(b)for construction of house by the following institutions for being let out on no profit no loss basis to their own whole time employees eligible as per sub-para (a) above:(i)Public institutions run on a no profit no loss basis;(ii)Non-governmental but recognised -4.
Loan will also be admissible to Local Bodies (Nagar Mahapalika, Nagar Palikas and Improvement Trusts), for the construction of houses which will be sold (either outright or on hire-purchase basis) or let out by them to their own wholetime employees and also to other persons eligible under sub- para (a) of Rule 3 above on no-profit no-loss basis.Subject to the condition that not more than 33 1/3 per cent of the houses will be allotted to employees of Central and State Government including employees of semi-Government institutions and local bodies.5. Maintenance of accounts.
- The accounts in respect of the loans disbursed out of the amount "received from the State Government under the Middle Income Group Housing Scheme shall be maintained in a separate register.6. Eligibility of individuals for loans.
7. Amount of loan.
8. Security for the loan.
9. Rate of interest of the loan.
- The rate of interest to be charged by the Board on loans granted by it shall not ordinarily exceed the interest payable by the Board to the State Government, Life Insurance Corporation, etc., by more than half per cent, per annum.10. Repayment of loan with interest thereon.
11. Application for loans.
- All applications for loan shall be submitted to the Housing Commissioner in the prescribed form which may be obtained from the office of the Parishad on payment of rupees two only. Documents and certificates mentioned in the application form shall invariably accompany the application.12. Sanction for loan.
- The Housing Commissioner shall, after receipt of the applications, causes such scrutiny and inquiries to be made as he may deem proper and on completion thereof he shall pass necessary orders on the applications.13. Priorities in advancement of loans.
- Priorities in granting of loans shall be fixed in the following order :14. Disbursement of loan-A. Loan for construction of a house.
15. Restrictions of loans.
16. Repayment and further interest in case of default.
- Repayment shall be made in the manner laid down in Rule 10. 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 such instalment at the rate of three per cent. per annum over and above the rate of interest leviable under Rule 9 till repayment has been paid. In case of any provisions of the rules 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 of land revenue.In case the unpaid amount of the instalment 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 it under the law and/or these rules.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 repayment. In such cases, the recovery of the balance amount of loan will be regulated as follows:17. Full repayment before 23-1/2 years.
- (i) The loan shall be repayable within 23-1/2 years from the date on which the first instalment is advanced in the manner prescribed in the sub-rule (2) of Rule 10. However, it shall be open to a borrower to deposit the entire amount outstanding against him together with interest due at any time during the term of repayment.18. Plans and specifications.
- The intending borrower shall submit with his application form building plan duly sanctioned by the Prescribed Authority/ Municipal Board or other competent authority concerned and shall follow at least the specification enclosed with the application form.19. Insurance of house against loss or damage by fire.
- The borrower shall at his own expense get insured the house against fire with the Life Insurance Corporation of India, within one month from the date of completion of the house 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.20.
The State Government may relax any of the above rules as it may, having regard to natural justice in special circumstances of a case, consider proper.21.
The applicant shall complete the construction of the house within one year of the date of the drawal of the first instalment of the loan or by a specific date not beyond two years of the date of drawal of the first instalment of the loan as may be determined by the Parishad at the time of sanctioning the loan.22.
If there is no substantial progress in construction within six months after the date of advance of the instalment (s) of loan or if the progress made has no reasonable relation to the amount of money advanced, or if the applicant fails to observe these rules or any other condition governing the loan the Housing Commissioner shall be at liberty to recover the outstanding amount of the loan already advanced together with interest due in one lump sum and to withhold the payment of remaining instalment (s), if any, after giving reasonable notice in writing to the borrower.23.
The applicant shall utilise the amount advanced under the scheme only for the purpose for which it is advanced and for no other purpose.24.
Except with the previous sanction in writing of the Parishad, the applicant shall not transfer by way of sale, gift or mortgage or otherwise the land and the building erected or purchased by the borrower or any right or title or interest therein till such time as the full amount of the loan and interest due has been repaid to the Parishad.25.
The applicant shall maintain a regular, accurate, separate and complete account of all expenses incurred and stocks 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 same. The applicant shall at all reasonable times permit any person or persons authorised by the Parishad to inspect the building under construction and the building materials and stocks built or purchased with the aid of the loan advanced to him.26.
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 or in writing by the Parishad, against such other risks, if any, as may be prescribed by the Parishad from time to time.27.
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.28. Action in case of breach of any of the terms.
- In the event of breach of any of the terms or conditions contained in these rules 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 for loan under the Middle Income Group Housing SchemeNote - Please give clear statements in columns provided in the form and enclose documents and certificates in support of your statements.Proof Enclosure No........................| 1. | Amount of loan applied for (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 theSanctioning Authority without delay). | ||
| 5. | (i) Are you a displaced person migrating from Pakistan? | ............................ |
| (ii) If so, have you taken any loan for a house under theRelief and Rehabilitation Scheme? | ............................ | |
| (iii) Has a house been allotted to you under the said scheme? | ............................ | |
| (Note.- Please enclose certificate issued by the DistrictRelief and Rehabilitation Officer in support of your statement). | ||
| 6. | Age of the applicant. | ........................years |
| 7. | Annual income from all sources with source of income | ............................ |
| (Note)-- Documentary evidence of income assessed for thepurpose of income-tax or a certificate of Income from theemployer to the effect that the borrower has been assessed toincome-tax and that he is eligible for grant of loan under theseregulations will be taken in proof of the income of the intendingborrower). | ||
| 8. | Occupation with full particulars | ............................. |
| 9. | If a Government servant, please state whether you are inCentral or State service. | ............................ |
| Also please give the name of your Department/Office | ............................ | |
| 10. | Do you own a plot of land freely and exclusively either inyour own name or in the name of your wife/husband or in the nameof a dependent child? | ............................ |
| (i) Full particulars of the site of the plot, i.e., KhasraNo./PlotNo./Mohalla/Colony/Street/City/Municipality/Village/Paragana/Tahsil/District | ............................ | |
| (ii) Total area of the Plot (in square feet) | .......................(Sq. feet). | |
| (iii) Plinth area of the Plot (in square feet) | ......................(Sq. feet). | |
| 11. | Estimate of cost with name and designation of Technical personwho has verified the estimate of cost. | Rs......(Enclosure No.......) |
| Certificate by Sri................................... | ||
| (To be verified by a Technical person not below the rank of anOverseer). | ||
| Designation..................andAddress..................... | ||
| 12. | Is the proposed house situated within the limits of the cityor Municipality or Cantonment Area ? | ....................... |
| If outside these limits, is the proposed site situated withinthe area outside the limits of the city or Municipality as may bespecified in the Notification under section 354 of the UttarPradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act No. II of1959), or under section 3 of the U.P. Municipalities Act, 1916? | ....................... | |
| (Give full particulars of the site of the plot, i.e., KhasraNo./Plot No./Mohalla/Colony/Street/City/Municipality/Village,Tahsil and District) | ....................... | |
| 13. | Has the plan of the proposed house been sanctioned by thecompetent authority? | ....................... |
| (Please enclose the sanctioned...............Enclosure No.plan with an attested copy of the sanction order) | ||
| 14. | Is the proposed plot of land free from all encumbrances? | ....................... |
| (Please enclose original sale-deed and its one attested copyand a certificate of a person who examined Registration officerecord). | ||
| Registration record verified by | ||
| Sri.........................Address)..... .............Enclosure No....... ........ | ||
| 15. | Other liabilities of the applicant, if any. | ....................... |
| 16. | Do you undertake to complete the construction of the housewithin twelve months of the receipt of the first instalment ofthe loan? | ....................... |
| 17. | Do you own any other house within the area where you proposeto construct the house from the borrowed amount? | ....................... |
| If so, please give full particulars of the said house, i.e.,No. of Plot/locality/Mohalla/street/colony, etc. | ....................... | |
| 18. | Do you own any other house/houses within the State of UttarPradesh? | ....................... |
| If so, please give full particulars of the house/houses i.e.,No./LocaIity/Mohalla/Colony/Khasra Plot No./Name ofCity/Town/Village/Pargana/Tahsil/District | ....................... | |
| 19. | Have you taken any other loan from the Government for theconstruction of a house or purchase of a house under any HousingScheme of the State or the Central Government either in your ownname or in the name of your wife/husband or dependent child? | ....................... |
| If so, please five full details | ............................. | |
| 20. | Have you previously availed yourself of any other financialassistance either from the Central or State Government for theconstruction or purchase of a house anywhere in India? If so,please give full details | ....................... |
| 21. | Do you undertake to invest at least 20 per cent. of the totalcost of the proposed house (inclusive of the land) from your ownresources? | ....................... |
| 22. | Do you undertake to repay the amount of the loan with interestthereon at such rates as may be prescribed by the Parishad in 282equated monthly installments within a period not exceeding 23years? | ....................... |
| [Notes. - (1) The loan will carry interest from the date onwhich it is advanced. | ||
| (2) For the first twelve months from the date of advancing theloan only simple interest as provided shall be paid in monthlyinstallments commencing from the month following and thereafterthe principal and interest thereon shall be paid in equatedmonthly installments within the maximum period of 23-1/2 years.] | ||
| 23. | Name (in block letters), ................ occupation and fullpostal address of the person (other than the borrower) whom theborrower proposes to furnish security | ....................... |
| 24. | Do you undertake to get the land and the house constructedthereon to be insured for the full amount of the loan 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 due.at your own expense? | ....................... |