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State of Madhya Pradesh - Section

Section 10 in The M.P. Refugees Rehabilitations (Loans) Rules, 1963

10.

The notice to be served on the borrower under Section 9 of the Act shall be in Form No. 4.Form No. 1(See Rule 6)Application for grant of loan to refugees belonging to urban areas in West PakistanToThe Deputy Commissioner,..............................................Sir,I beg to apply for the loan, the particulars of which are given below :-
I. (1) The particulars of the applicant-  
    (a) Name of applicant ...............
    (b) Father's name ...............
    (c) Age of the applicant ...............
    (d) Previous address in Pakistan ...............
    (e) Present address ...............
    (f) Refugee Registration No., date and place ...............
    (g) Applicant's occupation in Pakistan ...............
    (h) Previous annual income in Pakistan ...............
    (i) Was the applicant paying income-tax in Pakistan, if so, howmuch, and the last date of payment with Treasury Receipt? ...............
  (2) Particulars of trade, etc., for which the loan is applied. ...............
  (3) (a) The place where the application intends to start his trade andin case the applicant has started his trade, etc., that place withfull particulars must be mentioned. ...............
    (b) Whether the applicant is in possession of any site for thetrade, for which the loan is applied. ...............
  (4) The amount of the loan applied for ...............
  (4A) Period and manner of repayment of loan by the applicant ...............
  (5) The names of the dependent members of the applicant's familywith age and their relationship to the applicant ...............
  (6) Is any member of the applicant's family carrying on a trade,etc., or employed in Indian Union? If so, give full particulars. ...............
  (7) Has the applicant or any member of his family previouslyapplied for loan, under the above or any other scheme in theIndian Union (including State). If so, when and with what result. ...............
  (8) The present monthly income of the applicant ...............
  (9) Any matter which the applicant wants to mention. ...............
II. I shall apply the loan, for the purpose mentioned in Paragraph I (2) above and that I or anybody on my behalf or any member of my [family] [Family includes wife, sons, daughters, unmarried sisters, dependent parents and brother.] or any person their behalf has not applied in the Indian Union (including States) or received any loan under the above or any other scheme.III. I have decided to settle finally in Madhya Pradesh.IV. In case the loan or any part thereof is used for any other purpose than that specified in the application or is not used within a period of.............days, the loan will be deemed to have been misappropriated, in which case the whole loan shall become recoverable as arrears of land revenue.V. I agree to hypothecate to the Government all the goods purchased out of the amount of the loan granted to me.VI. I agree to abide by the terms and conditions of the scheme as amended from time to time by the Government...................................Signature or thumb impression of the applicant.AffidavitI..................................... son of.............................................................................. now resident of...................... do hereby solemly affirm and declare that the contents of the application are correct and true to the best of my knowledge and belief and that I have not concealed or withheld any fact.Place..........Date............................................Signature or thumbimpression of the applicant.Attestation by any Magistrate-Certificate No. 1I,........................................ son of........................................................................resident of.......................(Pakistan),.................(Previous occupation)............... (Present occupation), resident at .....................................for....................(period). He is a person of good character and was solvent in Pakistan to the extent of Rs......................Place....................Date........................................(Signature)Certificate No. 2I,.......................son of.......................resident of.....................resident at....................do hereby certify that I know (applicant), son of ........................ resident of....................for............(period). He is a person of good character and was solvent in Pakistan to the extent of Rs...................Place....................Date........................................(Signature)Form No. 2(See Rule 7)Mortgage DeedThis deed is made this ......................... day of ........... 19.........between..........................son of.......................(hereinafter called the borrower) of the one part and the Governor of the Madhya Pradesh (hereinafter called the creditor) of the other part :Whereas the borrower has applied to the creditor for the advance of a loan of Rs...............................repayable with interest at 3 per cent/4 per cent per annum by instalments hereafter specified :Now this deed witnesseth as follows :-In consideration of the sum of Rs advanced by the creditor to the borrower, the receipt of which the borrower does not hereby acknowledge, the borrower hereby covenants with the creditor as follows :-
(1)The borrower shall utilise the loan for the purpose of carrying on trade or business in this.........................district.
(2)Within three days of the purchase of this stock in trade, the borrower shall furnish to the Controlling Authority a statement of the stock purchased by him.
(3)The borrower shall furnish to the Controlling Authority such periodical statements and returns as he may, from time to time, direct.
(4)In the event of the borrower committing a breach of any of the conditions of this agreement, the Governor may determine this agreement and thereupon the loan or such part thereof as may be outstanding together with interest shall become recoverable in one instalment.
(5)The borrower shall duly and punctually pay to the creditor the said sum of Rs...................with interest accruing thereon at the rate of 3 per cent/4 per cent per annum computed from one year/three years after the date hereof by monthly/quarterly instalments of principal and interest combined amounting to Rs............each payable as underFirst instalment to be paid on...................and subsequent monthly/quarterly instalments on .................. day of every.............., till the repayment of the entire amount.
(6)If any of the instalments is not paid on the due date as provided in sub-clause (1) the whole amount then remaining due to the creditor under this deed on account of the principal and interest shall thereupon become payable at once and the borrower shall be liable to pay interest at 6 per cent per annum on that amount from the date of such default till it is paid off.
(7)For the consideration aforesaid the borrower hereby transfers by way of simple mortgage all the property, goods and effects which the borrower may acquire with the aid of the loan advanced to him by the creditor, to the intent that the said property shall remain hypothecated with the creditor, for the purpose of recovering the sum of Rs..................or any such lesser sum as may become due by the borrower to the creditor by virtue of this deed and that the creditor may enforce against the said property or any part thereof all or any of the remedies of the holder of a simple mortgage.
(8)The covenants and declarations contained in the application for loan, Form I shall form part of and be read with this deed and notwithstanding anything contained herein above, any misstatement in the said application shall render the borrower liable to return the entire amount at once.
(9)Any amount due from the borrower under this agreement shall be recoverable as an arrear of land revenue.
(10)The stamp duty, if any, payable in respect of this deed shall be paid by the Government.
(11)The expression "borrower" herein used shall, where the context so admits include his heirs, executors, administrators, representatives and assignees, and the expression "creditor" shall, where the context so admits include his successors in office and assignees.In witness whereof the parties have put their hands hereinto the.........................day of............Witness-
  ................................
….................. Signature of borrower.
Address........................ Address...................
..................................... ..............................
..................................... ..............................
  Signature ofcreditorAddress..............................................................................
Form No. 3(See Rule 7)Surety BondThe indenture made on this..............day of ......................... between the Governor of Madhya Pradesh (hereinafter called the Governor), of the first part, and-
(1).....................................
(2).....................................(hereinafter called the sureties), of the second part, witnesseth as under:-Whereas the State Government have sanctioned a Rehabilitation loan of Rs......................in favour of refugee Shri................................now residing in............................., and in consideration thereof, the sureties bind themselves severally and jointly to pay the amount of the loan, with interest, loss, damages and costs of till kinds whatsoever, to the State Government in case the refugee above-named fails to repay the loan to the State Government, as stipulated in the Bond executed by the said refugee for repayment of the same. It is hereby agreed that the term "Governor shall include his successors in office and assignees and the term "sureties" shall include their heirs, executors, administrators, representatives and permitted assignees;In witness whereof, the parties hereto have put their signature, the year and date written in each case.Witness-..........................Signature of Surety No. (1)
(1) ......................   ......................
(2) ......................   Signature of Surety No. (2)
Signed at ...................... No. (3)..................
  ...................... No. (4)..................
  ...................... No. (5)..................
CertificateCertified that refugee......................... to whom the rehabilitation loan of Rs............................... has been sanctioned by the Deputy Commissioner............................. has secured business ..........................premises described below, and is in actual possession of the same-Corporation No. ............................Circle No...................................Situation...................................Bhopal, dated...............................Inspector (C.R.R.C.)Form No. 4(See Rule 10)NoticeBhopal, dated the 19,ToShri ............................................................................................................................Where as there is credible information in possession of the Controlling Authority that you have contravened the provisions of the Act; and whereas it is desirable to hear you in person; Now, therefore you are hereby called upon to show cause (with all material evidence on which you wish to rely) why orders should not be passed for recovery of the entire amount of loan Section 9(1) of the Act.The hearing of your case is fixed before the undersigned on........................at.........................Grounds-Failure to comply with the terms of the bond with the Controlling Authority in the matter of loan (as an illustration)...............................Controlling AuthorityForm No. 5(See Rule 7)Mortgage DeedThis deed is made this.............................day of..........19............between................................son of (hereinafter called the borrower) of the one part and the Governor of the Madhya Pradesh (hereinafter called the creditor) of the other part;Whereas the borrower has applied to the creditor for the advance of a loan of Rs..................repayable with interest at 3 per cent/4 per cent per annum by instalments hereafter specified :Now this deed witnesseth as follows :-In consideration of the sum of Rs....................... advanced by the creditor to the borrower, the receipt of which the borrower does not hereby acknowledge, the borrower hereby covenants with the creditor as follows :-
(1)The borrower shall utilise the loan for the purpose of construction of house/shop in the..........................district.
(2)Within three days of the construction of house/shop, the borrower shall report to the Controlling Authority.
(3)The borrower shall furnish to the Controlling Authority such periodical statements and returns as he may, from time to time, direct.
(4)In the event of the borrower committing a breach of any of the conditions of this agreement, the Governor may determine this agreement and thereupon the loan or such part thereof as may be outstanding together with interest shall become recoverable in one instalment.
(5)The borrower shall duly and punctually pay to the creditor the said sum of Rs.....................with interest accruing thereon at the rate of 4 per cent per annum monthly/quarterly instalment of principal and interest combined amounting to Rs.................each payable as under :First instalment to be paid on and subsequent monthly/quarterly instalments on .................. day of every.............., till the repayment of the entire amount.
(6)If any of the instalments is not paid on the due date as provided in sub-clause (1) the whole amount then remaining due to the creditor under this deed on account of the principal and interest shall thereupon become payable at once and the borrower shall be liable to pay interest at 6 per cent per annum on that amount from the dale of such default till it is paid off.
(7)For the consideration aforesaid the borrower hereby transfers by way of simple mortgage all the property, goods and effects which the borrower may acquire with the aid of the loan advanced to him by the creditor, to the intent that the said property particularly described in the schedule below shall remain hypothecated with the creditor, for the purposes of recovering the sum of Rs...............or any such lesser sum as may become due by the borrower to the creditor by virtue of this deed and that the creditor may enforce against the said property or any part thereof all or any of the remedies of the holder of a simple mortgage.
(8)The covenants and declarations contained in the application for loan, Form I shall form part of and be read with this deed and notwithstanding anything contained herein above, any misstatement in the said application shall render the borrower liable to return the entire amount at once.
(9)Any amount due from the borrower under this agreement shall be recoverable as an arrear of land revenue.
(10)The stamp duty, if any, payable in respect of this deed shall be paid by the Government.
(11)The expression "borrower" herein used shall, where the context so admits include his heirs, executors, administrators, representatives and assignees, and the expression "creditor" shall, where the context so admits include his successors in office and assignees.