State of Uttar Pradesh - Act
The U.P. Avas Evam Vikas Parishad (Raising of Loans) Rules 1972
UTTAR PRADESH
India
India
The U.P. Avas Evam Vikas Parishad (Raising of Loans) Rules 1972
Rule THE-U-P-AVAS-EVAM-VIKAS-PARISHAD-RAISING-OF-LOANS-RULES-1972 of 1972
- Published on 11 March 1972
- Commenced on 11 March 1972
- [This is the version of this document from 11 March 1972.]
- [Note: The original publication document is not available and this content could not be verified.]
072.
In exercise of the powers under clauses (v), (w) and (y) of sub-section (2) of section 94, read sub-section (3) of section 58 and sections 59 and 60 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (U.P. Act No. I of 1966) the Governor is pleased to make the following rules regarding raising of loans by the Board.1. Short title and commencement.
2. Definitions.
- In these rules unless there is anything repugnant in the subject or context,3. Powers of the Board to raise loans.
4. Time for repayment of money borrowed under Rule 3.
- The time for repayment of any money borrowed under rule 3 shall in no case exceed thirty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the State Government extend beyond the unexpired portion of the period for which such previous loan was sanctioned.5. Borrowing in credit from bank or corporation by the Board.
- Whenever the borrowing of any sum of money has been approved by the State Government under sub-section (3) of section 58 of the Act, the Board may instead of borrowing such sum or any part thereof from the public, take credit from any bank or any Corporation owned or controlled by the Central Or State Government on a cash account to be kept in the name of the Board to the extent of such sum or part thereof, and may with the previous sanction of the State Government grant mortgages of all or any of the properties vested in the Board by way of security for such credit.6. Limit or borrowing Powers.
- The maximum amount of loan which the Board may raise shall not exceed such amount as may be fixed by the State Government in this behalf from time to time.7. Financial arrangement with any bank or other financial institutions.
8. Repayment of loans.
- Every loan raised by the Board shall be repaid in the stipulated manner within the time approved therefor.9. Debentures.
- Whenever the borrowing of any sum of money has been approved by the State Government by the issue of debentures, the Board shall issue debentures of such amount as may be fixed by the State Government within the limit under rule 6.10. Form, signature, exchange, transfer and effect of debentures.
11. Registration and transfer of debentures.
12. Debentures issued to two or more persons jointly.
13. Receipt by joint-holder for interest or dividend.
- Where two or more persons are joint-holders of any debenture or security issued or granted under the Act, any payment made to any one of such person therein of any dividend or interest payable in respect of such debenture or security shall be a full discharge of the liability of the Board in respect of such dividend or interest.14. Issue of duplicate debentures.
15. Renewal of debentures.
16. Liability in respect of debenture renewed.
17. Discharge in certain cases.
18. Indemnity.
- Notwithstanding anything in rule 15 the Housing Commissioner may in any case arising thereunder -19. Printing of debentures.
20. Establishment, maintenance and application of sinking fund.
21. Power to discontinue payment into sinking fund.
- Notwithstanding anything contained in rule 20 if at any time the sum standing at credit of the sinking fund established for repayment of any loan is of such amount that if allowed to accumulate at the rate of interest determined under sub-rule (2) of rule 20 it will be sufficient to repay the loan at the end of the period agreed upon by the Board, then the Board may discontinue further annual payment into such fund.22. Investment of Sinking Fund.
23. Annual examination of sinking funds.
24. Power of Board to consolidate loans.
25. Priority of payments for interest and repayment.
- All payments due from the Board for interest on a repayment of Government and other loans shall be made in priority to all other payments due from the Board.26. Attachment of Boards fund in default of repayment of loans.
27. Manner of attachment of Board's fund.
- The attachment of funds under rule 26 shall be made by the State Government in the following manner:28. Annual statement by trustees.
- The two trustees referred to in rule 22 shall at the end of every year submit to the State Government and the Board a Statement showing -(a)the amount which has been invested during the year under rule 22;(b)the date of the last investment made previous to the transmission of the statement;(c)the aggregate amount of the securities held by them;(d)the aggregate amount which has, up to the date of the statement, been applied under sub-rule (3) of rule 20 or towards repaying loans; and(e)the aggregate amount already paid into each sinking fund.29. Procedure for obtaining sanction of the State Government under rule 3.
30. Register of sinking fund.
- Where a sinking fund has been established under rule 20 a register of sinking fund shall be maintained in Form 'B' appended to these rules and separate pages shall be allotted for each loans.FORM A(See Rule 10)The U.P. Avas Evam Vikas ParishadIssue of..........Debentures of Rs...........each numbered to bearing interest at Rs......percent per annum payable on the...........day of......and the.....day of in each year.The issue is made pursuant to the provisions of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (Act I of 1965) and the rules made by the State Government under section 59 read with section 94 (2) (w) of the said Act published in Official Gazette on the..........day of............DebentureNo..........................................Rs...........................1. The Avas Evam Vikas Parishad Incorporated under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, will on the..............day of........... pay to..........or other the registered holder thereof (hereinafter called the debenture-holder which expression shall where the context so admits include his personal representatives) the sum of Rs...................
2. The Avas Evam Vikas Parishad will until payment of the said sum of Rs............... pay to the debenture-holder interest thereon at the rate of Rs ......per cent per annum by equal half yearly payments on the..............day of...........and the.......day of..............in each year, the first payment to be made on the.......... ......day of... ...............next and to be calculated from the.....................day of......................
3. The Avas Evam Vikas Parishad hereby charges with the said payments so much of the proceeds of the rates, fees and other dues payable to the parishad by virtue of the Act aforesaid as shall suffice to satisfy the claim under this debenture.
Given under the common seal of the Parishad this...........day of.......(Adhyaksh)(Housing Commissioner or ex-officio member).SealNOTES.-| Interest | Payment At Rs. | Per Half Yearly | Transferred |
| Ending 19........ | Adhyaksh | Transferred To ................This Day Of ................ | |
| Ending 19........ | Adhyaksh | by | |
| Ending 19........ | Adhyaksh | Transferred To ................This Day of................. | |
| Ending 19........ | Adhyaksh | by |
| Date | Serial No. of installment | receipts | Interest received on investment | Total current | Progressive | Signature of Housing Commissioner | Investment made | Market value | Signature of Housing Commissioner | Un-invested cash balance | Balance as per Bank Account of Sinking Fund | Total of Columns 14 and 15 | Value of remaining installment | Total columns 18 and 19 | Signature of Housing Commissioner | Deficit or excess | Signature of Housing Commissioner | remarks | ||||||
| Amount | Contributed | Amount | Page No. of investment register | Current | progress | Deficit | Excess | |||||||||||||||||
| Voucher No. | Amount | Cost | Nominal value | Cost | Nominal value | |||||||||||||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |