State of Haryana - Act
The Haryana Legislative Assembly (Facilities to Members) Rules, 1979
HARYANA
India
India
The Haryana Legislative Assembly (Facilities to Members) Rules, 1979
Rule THE-HARYANA-LEGISLATIVE-ASSEMBLY-FACILITIES-TO-MEMBERS-RULES-1979 of 1979
- Published on 4 December 1979
- Commenced on 4 December 1979
- [This is the version of this document from 4 December 1979.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Haryana Legislative Assembly (Facilities to Members) Rules, 1979.2. Definitions.
- In these rules, unless the context otherwise requires, -Part I – House Building Advance
3. Application for house building advance.
- [Section 4]. - (1) A member desiring to obtain a house building advance shall make an application in form I, in duplicate, complete in all respects and duly certified by the Deputy Commissioner, to the Secretary. He shall also furnish an affidavit to the effect [-] [Haryana Notification No. GSR 129/HA 9/79/S. 8/Amd (i)/80 dated 11.12.1980.] that he has not availed himself of any house building loan under any other scheme of any State Government or of the Government of India.3A. [ Application for advance for purchasing a built house. - (1) A member desiring to obtain an advance for purchasing a built house shall make an application to the Secretary in form II-A in duplicate, complete in all respects duly certified by the Deputy Commissioner. He shall also furnish an affidavit to the effect that he has not availed himself of any advance for the construction of a house or for purchasing a built house or for effecting major repairs to his house under these rules or any other scheme of any State Government or of the Government of India.
3B. Application for advance for effecting major repairs.
4. Mortgage deed, surety bond and agreement deed.
- [Section 5]. - (1) After the requisite funds have been earmarked by the Finance Department, intimation in this regard will be sent to the Secretary and to the prospective Borrower who shall mortgage the plot on which the house is proposed to be constructed as also all structures to be constructed thereon [or the house wherein major repairs are to be carried out, as the case may be, to the Government in Form-III and got the mortgage deed registered with the registering authority concerned.] [See Haryana Government Gazette, Extra. dated 16.12.1980, P. 1311.]5. Sanction of house building advance.
- [After all the formalities mentioned in rules 3 or 3-A or 3-B, and 4 have been completed the Speaker may sanction an amount of [repayable advance] [See Haryana Government Gazette, Extra. dated 16.12.1980, P. 1311.] to the applicant as under :-6. [ Debit of expenditure. [Substituted by Haryana Notification No. GSR 16/HA 9/79/S. 8/2001 dated 28.6.2001.]
[Section 8.] - The amount of advance so sanctioned shall be debitable to the following head of account :-7610. - Loans to Government Servants etc. - 201- House Building Advance (iii) Advances to Ministers, State Ministers, Deputy Ministers, Presiding Officers and State Legislators (Non-Plan) Expenditure.]
7. Disbursement of advance. - [Section 5.] - (1) After the advance has been sanctioned by the Speaker, the Secretary shall disburse the amount to the borrower in the following manner, namely :-
8. Completion Certificate.
- [Section 8]. - (1) The Borrower shall furnish to the Secretary a completion certificate within a period of a year from the date of payment of the last instalment of the [-] [See Haryana Government Gazette, Extra. dated 16.12.1980. P. 1311.] advance. This completion certificate should be authenticated by a qualified engineer of the local body, in whose jurisdiction the house has been constructed. In case there is no qualified engineer in the local body, the aforesaid certificate of completion will be obtained from an engineer authorised by the Deputy Commissioner.8A. [ Eligibility of balance amount of advance for house building. [Added by Haryana Notification No. GSR 84/HA 9/79/S.8/98 dated 31.7.1998.]
[Section 3]. - A member, who has drawn an advance of rupees three lacs for building a house and who has not furnished a completion certificate as required under rule 8, shall be eligible to draw the balance of rupees one lac for said purpose.] [See Haryana Government Gazette, Extra. dated 16.12.1980. P. 1311.]9. Repayment of house building advance.
- [Section 8]. - (1) The recovery of the [-] [See Haryana Government Gazette, Extra. dated 16.12.1980. P. 1311.] advance shall be made by the Secretary in monthly instalments of [at the rate of [two per cent] of the permissible advance] [Substituted by Haryana Notification No. GSR 82/HA 9/79/S.8/1988 dated 21.10.1988.] from the salary or [Compensatory allowance/constituency allowance/telephone allowance/travelling and daily allowances/ sumptuary allowance/office allowance] [Substituted by Haryana Notification No. GSR 16/HA 9/79/S. 8/2001 dated 28.6.2001.] or from any other amount payable to the Borrower.10. Misutilisation of house building advance.
- [Section 8]. - (1) In case of misutilisation of the [-] [See Haryana Government Legislature Supplement Part III dated 16.12.1980, P. 1311.] advance, the Borrower shall be called upon to refund the entire amount of advance along with the interest due thereon in lump sum.11. [ Head of Account. [Substituted by Haryana Notification No. GSR 16/HA 9/79/S.8/2001 dated 28.6.2001.]
[Section 8]. - The amount of repayment received from the Borrowers will be credited to the Head of Account "7610-Loans to Government Servants etc. - 201 - House Building Advance (iii) Advances to Ministers, State Ministers, Deputy Ministers, Presiding Officers and State Legislators (Non-Plan) Receipts" under intimation to the Secretary.]12. Account of recovery.
- [Section 8]. - The account of recovery of the [-] [See Haryana Government Legislature Supplement Part III dated 16.12.1980, P. 1311.] advance shall be maintained by the Secretary.13. Safe custody and cancellation of mortgage deed and surety bond.
- [Section 8]. - The mortgage deed and [personal bond] [See Haryana Government Legislature Supplement Part III dated 16.12.1980, P. 1311.] shall be kept in safe custody of the Secretary. When the advance and the interest due thereon have been fully repaid, the mortgage deed and the [personal bond] [See Haryana Government Legislature Supplement Part III dated 16.12.1980, P. 1311.] shall be returned to the Borrower duly cancelled after obtaining a certificate from the Accountant-General as to the complete repayment of the house building advance and interest.Part II – Motor Car Advance
14. Advance for purchase of motor car.
-[Section 4]. - [(1) The total amount to be advanced to the prospective Borrower for the purchase of a motor car shall not exceed rupees [one lakh] [Substituted by Haryana Notification No. GSR 82/HA 9/79/S. 8/88 dated 21.10.1988.] or the anticipated price of the motor car, whichever is less. If the actual price is less than the advance drawn, the balance shall forthwith be refunded to the Government.[Explanation. - In case the borrower has already applied for loan and in anticipation of the grant of car advance to be sanctioned to him, has purchased a car and made payment of its price to the dealer, he shall still be entitled to the grant of the car advance.] [Explanation Substituted by Haryana Notification No. GSR 63/HA 9/79/S.8/86 dated 5.19.1986.][Provided that a member shall be entitled to a total repayable advance of [sixteen lakhs rupees] [Substituted by Haryana Notification No. GSR 82/HA 9/79/S. 8/88 dated 21.10.1988.] and fifty thousand under this rule and rule 5 together]14A. Eligibility of balance amount of advance for purchase of car.
[Section 3]. [Added by Haryana Notification No. GSR 84/HA 9/1979/S.8/98 dated 31.7.1998.] - A member who has drawn an advance of rupees two lacs for the purchase of car and the price of car exceeds rupees two lacs, he shall be eligible to draw the balance of rupees two lacs out of rupees four lacs or the price of car whichever is less.] [Substituted by Haryana Notification No. GSR 16/HA 9/1979/S. 8/2001 dated 28.6.2001.]15. Application for motor-car advance.
[Section 4]. - (1) A member shall make an application for motor car advance in Form VI in duplicate, to the Secretary.16. Surety bond and agreement deed.
- [Section 5]. - (1) After the requisite funds have been earmarked by the Finance Department, intimation in this regard will be sent to the Secretary and to the prospective borrower who shall submit to the Secretary a personal bond in Form VIII [-] [See Legislature Supplement Part III dated 16.12.1980, P. 1311.]17. Sanction of motor car advance.
- [Section 5]. - After all the formalities mentioned in rules 15 and 16 have been completed, the Speaker may sanction the motor car advance to the prospective Borrower subject to the limit prescribed in rule 14 under intimation to the Government.[18. Debit of expenditure. [Section 8]. - The amount of motor car advance so sanctioned shall be debitable to the following head of account :-"7610-Loans to Government Servants etc. - 201-House Building Advance-(iii) Advances to Ministers, State Ministers, Deputy Ministers, Presiding Officers and State Legislators (Non-Plan) Expenditure.]19. Disbursement of advance.
[Section 5]. - After the advance has been sanctioned by the Speaker, the Secretary shall disburse the amount of the advance against a stamped receipt.20. Period within which negotiations for purchase of motor car may be completed
[Section 8]. - The Borrower shall complete the negotiations for the purchase of [motor car] [See Legislature, Supplement Part III dated 16.12.1980, P. 1311.] and make final payment for the purchase of the [motor car] [See Legislature, Supplement Part III dated 16.12.1980, P. 1311.] within one month of the date on which he draws the motor car advance, failing which the full amount of the advance drawn, with interest thereon till the date of refund, will be repaid to the Government unless the period for purchase of [motor car] [See Legislature, Supplement Part III dated 16.12.1980, P. 1311.] is extended by the Speaker.21. Insurance of motor car.
[Section 5]. - The motor car purchased with the advance shall be insured against full loss by fire, theft and accident. The insurance policy shall contain a clause as specified in Form X by which the insurance company agrees to pay to the Government, instead of the owner, any sums payable in respect of loss or damage to the motor car which is not made good by repair, reinstatement or replacement. Such insurance should be effected within one month of the date of the purchase of the motor car.22. Hypothecation deed.
-[Section 8]. - After the purchase of motor car has been effected and final payment thereof has been made, the Borrower shall hypothecate the motor car to the Government in Form XI as security for the said advance. The cost price of the motor car shall be entered in the schedule attached to the hypothecation deed.23. Repayment of advance.
- [Section 6]. - (1) The recovery of the motor car advance shall be made [in monthly instalments of two per cent] [Substituted by Haryana Notification No. GSR 84/HA 9/79/S.8/98 dated 31.7.1998.] from the salary or compensatory/telephone allowance [travelling allowance/daily allowance/constituency allowance/sumptuary allowance/office allowance] [Substituted by Haryana Notification No. GSR 16/HA 9/79/S.8/2001 dated 28.6.2001.] or any other amount payable to the Borrower.24. Misutilisation of motor car advance.
- [Section 8]. - (1) In the case of misutilisation of the motor car advance, the Borrower shall be called upon to refund the entire amount of advance alongwith the interest due thereon in lump sum.26. Account of recovery.
[Section 8]. - The account of recovery shall be maintained by the Secretary.27. Safe custody and cancellation of mortgage deed and surety bond.
[Section 8]. - The hypothecation deed and personal bond shall be kept in safe custody of the Secretary. When the advance with interest due thereon have been fully repaid, the hypothecation deed and the surety bond shall be returned to the Borrower duly cancelled after obtaining a certificate from the Accountant-General as to the complete repayment of the motor car advance and the interest accrued thereon.Form I(See rule 3)Form of application for grant of house building advance under the Haryana Legislative Assembly (Facilities to Members) Act, 1979.| 1. | Name of the applicant (in block letters) | ||
| 2. | Father's name/husband's name (in case of married ladyapplicant) | ||
| 3. | Designation and address of the applicant | ||
| 4. | Exact size and location of the plot whereon a residential houseis proposed to be built. Place where the plot is situated andsurrounded by : | ||
| North | South | ||
| East | West | ||
| 5. | The plan of the house should be attached |
5A. [ In case the residential plot has been allotted by the Haryana Urban Development Authority. -
6. Total amount of loan applied for building the house. (Estimated cost of construction of the house and detailed estimate in support thereof duly approved by a qualified engineer or any other engineer authorised by the Deputy Commissioner to be furnished)
7. [ I certify that I have not so far applied for or obtained any advance for the construction of a house.] [Substituted by Haryana Notification No. GSR 15/HA 9/79/S.8/81 dated 10.2.1981.]
8. I also certify that I have not availed myself to any house building loan under any other scheme of any State Government or of the Government of India or an autonomous body controlled or substantially financed by the State or Central Government.
9. I hereby certify that I am a full-fledged owner of the plot of land mentioned at Serial Number 4, above, and this plot is free from all encumbrances and is required for bona fide personal residence.
ORI certify that I am an allottee of the plot of land mentioned at Serial Number 5A above, on terms and conditions of allotment letter No. ______ Dated ______.The house to be constructed thereon is required for bona fide personal residence.Place :Dated :Signature of applicant10. *(Certificate by the Deputy Commissioner of the District whereas the land as mentioned against Serial Number 4 of the application is situated).
I _________________, Deputy Commissioner of ____________ District hereby certify that Shri ___________ is the sole owner in possession of the land mentioned at Serial Number 4 of the application and this land is free from all encumbrances.Signature of the Deputy Commissioner with seal of his office.OR*(Certificate by the Estate Officer, Haryana Urban Development Authority by whom the plot at Serial Number 5A has been allotted).I _______________, Estate Officer, Haryana Urban Development ____________ hereby certify that the plot at Serial Number 5A of the application has been allotted to Shri _____________ on the terms and conditions contained in allotment letter No. _________________ dated. _________________.Place :Date :Signature of the Estate Officer, Haryana Urban Development Authority with seal of his office.*(Score out whichever is not applicable).]Form II(See rule 3)(Certificate by the Secretary, Haryana Vidhan Sabha in the case of Speaker/Deputy Speaker or a member).Certified that ______________________ is Speaker/Deputy| Place : | Secretary, |
| Date : | Haryana Vidhan Sabha. |
| 1. | Name of the applicant (in block letters) | ||
| 2. | Father's Name/Husband's Name | ||
| (in case of married lady applicant) | |||
| 3. | Designation and address of the applicant | ||
| 4. | Particulars of the house to be purchased and surrounded by | ||
| North | South | ||
| East | West | ||
| 5. | Full particulars of the person or of the authority e.g. EstateOfficer, Housing Board, etc. from whom the house is to bepurchased. | ||
| (In case the built house is to be purchased froma private person a certificate from the Deputy Commissioner to theeffect that the vendor is absolute owner of the house and that itis free from all encumbrances should be attached) | |||
| 6. | The plan of the house to be purchased. | ||
| 7. | Certified copy of the agreement made with the owner of thehouse to be purchased. | ||
| 8. | Settled price of the house to be purchased. | ||
| 9. | Total amount of the advance applied for. | ||
| 10. | Whether the affidavit stipulated in rule 3-A has beenfurnished. |
| Place : | Signature of applicant. |
| Date : |
| Place : | Secretary, |
| Date : | Haryana Vidhan Sabha. |
| 1. Name of the applicant : | ||
| (in block letters) | ||
| 2. Father's Name/Husband's name : | ||
| (in case of married lady applicant) | ||
| 3. Designation and address of the applicant. | ||
| 4. Particulars of the house and place where the house issituated and surrounded by :- | ||
| North | South | |
| East | West | |
| 5. Proof of ownership of the house referred to at 4 above. | ||
| 6. Amount of loan applied for :- | ||
| (i) major repairs | ||
| (ii) additions | ||
| (iii) alterations | ||
| In the house referred to at 4 above. |
7. Whether the affidavit stipulated in rule 3-B has been furnished.
I further certify that I am a fullfledged owner of the house referred to 4 above and it is free from all encumbrances. (A certificate from the Deputy Commissioner should also be furnished to the effect that the applicant is absolute owner of the house in question and it is free from all encumbrances).| Place : | Signature of applicant. |
| Date : |
1st. witness _________________________
Address/occupation __________________2nd. witness _________________________
Address/occupationSigned by the said (mortgagor) in the presence ofNote. - 1. The deed should be registered.2. There must be two witnesses to a mortgagee.
*Delete whichever is not applicable.[Form IV] [See Haryana Legislature Supplement Part III dated 16.12.1980, P. 1311.](See rule 4)(Personal Bond)This deed is made on the _________ day of _________ between ____________ son of _______________ and resident of ___________________ (hereinafter referred to as the borrower which expression shall include his legal representatives and assignees) of the one part and the Governor of Haryana (hereinafter referred to as the Government which expression shall include his successors and assignees) of the other part.Whereas an advance of Rs. ________ has been sanctioned to _______________ son of ____________ and resident of _____________________ (borrower) for construction of house/for purchasing a built house/for major repairs, on the terms and conditions contained in the rules and the agreement dated _____________ and/or the mortgage deed, dated ______________ for performance and observance by him of the conditions of the agreement, dated _________ and/or of the mortgage deed, dated ___________.Now this deed witness and the parties hereto hereby agree that in pursuance of the said agreement and in consideration of the sum of Rs. ______ advanced by the Government, as loan, the borrower hereby agrees that he shall duly, faithfully and punctually perform all the conditions set out in the agreement, dated _________ and/or mortgage deed, dated __________ and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or becoming insolvent or for any cause whatsoever before the entire amount due to the Government on account of the principal and interest under the said agreement and/or the mortgage deed, is paid off the Government shall be at liberty to recover the entire amount due to the Government by sale or otherwise as considered appropriate, of the property mortgaged with the Government or from any other assets of the borrower.In witness whereof the parties have signed this bond on the dates respectively mentioned against their signatures in the ________ year of the Republic of India.Witnesses :1. __________________
2. __________________
Signature of the borrower.acceptedSigned for and on behalf of the Governor of Haryana.Strike off the purposes of loan which are not applicable.Form V(See rule 4)Agreement to be executed by a member at the time of drawing an advance for the construction of house/purchase of a built house/major repairs to house)An agreement made on day of ________________ one thousand nine hundred and ___________________ between Shri ______________________ (hereinafter called the 'Borrower' which expression shall include his legal representatives, legal heirs and assignees 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 under the provisions of the Haryana Legislative Assembly (Facilities to Members) Rules, 1979 regulating the grant of advance to a member for the construction of a residential house/for purchasing a built house/for major repairs to his house under the Haryana Legislative Assembly (Facilities to Members) Act, 1979, applied to the Government for a loan of Rs. _____________ (Rs. _______________ only) for the construction of a house/for purchasing a built house/for major repairs to his house 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 in ___________ monthly instalments of [rupees one thousand or rupees six hundred each as the case may be] [Substituted by HGG No. GSR 39/HA 9/1979/S.8/1984 dated 24.5.1984.] excluding the instalment(s) of interest calculated according to the said rules, from the salary/compensatory allowance/telephone allowance/travelling allowance/[daily allowance/constituency allowance/sumptuary allowance and office allowance] of the Borrower. It is further agreed that in case the Borrower ceases to be a member before the advance and interest are fully repaid, the outstanding balance together with the interest shall be recovered in instalments of [rupees one thousand or rupees six hundred each as the case may be] [Substituted by HGG No. GSR 39/HA 9/1979/S.8/1984 dated 24.5.1984.] P.M. from the [pension/family pension and dearness allowance] which has become due to the Borrower and also from any of his other assets; and (ii) to execute a document within a period of one year from the date of the payment of last instalment of the advance for constructing a house/or for carrying out major repairs to his house, or within one month of payment of advance for the purchase of a built house hypothecating the house constructed or the house in which major repairs are made, or the house purchased, with the said advance to the Government as the security or 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 house has not been mortgaged as aforesaid or if the Borrower within that period becomes insolvent or dies, the whole amount of loan and interest accrued thereon shall become due and payable.In witness thereof the parties above mentioned have hereunto set their hands to this deed on the day and year first before written.Signed by the borrower in the presence of witnesses :-1. Name of the applicant
(in block letters)2. Designation and address.
3. Anticipated price of the motor car.
4. Amount of advance required.
5. Number of instalments in which the advance is desired to be repaid.
6. Whether advance for similar purpose was obtained previously and if so -
7. Whether the intention is to purchase a new motor car through a person other than a regular or reputed dealer or agent.
8. Are any negotiations or preliminary enquiries being made so that delivery may be taken of the vehicle within one month from the date of drawl of the advance.
9. I certify that I have not so far applied for or obtained any advance for the purchase of motor car.
| Dated the | Signature of the Applicant. |
| Designation and Address. |
| Place : | SECRETARY, |
| Date : | Haryana Vidhan Sabha. |