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Haryana Legislative Assembly (Facilities to Members) Rules, 1979

The Haryana Legislative Assembly (Facilities to Members) Rules, 1979

Published vide Haryana Government Gazette LSP 3 dated 4.12.1979 Page 913, Notification No. GSR 126/HA 9/79/S. 8/79 dated 28.11.1979

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  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, -

(a) "Act" means the Haryana Legislative Assembly (Facilities to Members) Act, 1979;

(b) "Borrower" means a person who has been sanctioned an advance under the Act'

(c) "Deputy Commissioner" mean the Deputy Commissioner of the district wherein the House is [proposed to be built, purchased or repaired] with the aid of the advance by a Borrower;

(d) "form" means a form appended to these rules;

[(gg) "motor car" shall have the same meaning as assigned to it in the Motor Vehicles Act, 1939;

(ggg) "major repairs" means the repairs, including additions and alterations, the estimated cost of which is not less than twenty thousand rupees.]

(h) "Secretary" means the Secretary of the Haryana Legislative Assembly;

(i) the expressions not defined in these rules will have the meaning assigned to them in the Haryana Legislative Assembly (Facilities to Members) Act, 1979.

Part I

House Building Advance

  1. 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 [-] 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.

(2) On receipt of the application for a house building advance, the Secretary shall, after satisfying himself that the application is complete in all respects and the member is eligible for grant of a house building advance, record a certificate in form II, and forward the same to the Government.

(3) On receiving the application for a house building advance, the administrative department may refer the application to the Finance Department, for getting the necessary funds for payment of the advance earmarked as is done in the case of a Class I Officer of the State Government of Haryana.

[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.

(2) On receipt of the application for purchasing a built house, the Secretary shall, after satisfying himself that the application is complete in all respects and that the member is eligible for grant of the advance applied for, record a certificate in form II-B and forward the same to the Government.

(3) The application for purchasing a built house will then be referred by the administrative department to the Finance Department for getting the appropriate funds for the advance earmarked.

3B. Application for advance for effecting major repairs. - (1) A member desiring to obtain an advance for effecting major repairs to his house shall make an application to the Secretary in Form II-C, in duplicate complete in all respects and 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 purchasing a built house or for building a house or for major repairs to his house under these rules or any other scheme of any State Government or of the Government of India.

(2) On receipt of the application for major repairs, the Secretary shall after satisfying himself that the application is complete in all respects and that the member is eligible for grant of the advance applied for, record a certificate in Form II-D, and forward the same to the Government.

(3) The application for major repairs will then be referred by the administrative department to the Finance Department for getting the appropriate funds for the advance earmarked.]

  1. 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.]

(2) The prospective Borrower shall submit to the Secretary a personal bond in Form IV [-].

(3) An agreement deed in Form V shall be executed by the prospective Borrower and submitted to the Secretary along with [-] a copy of registered mortgage deed.

[(3-A) In the case of an advance for purchasing a built house the borrower shall submit to the Secretary a personal bound in Form IV and also an agreement deed in Form V. The house to be purchased shall be mortgaged to Government within month of its purchase.]

(4) The Secretary will have the authority to accept [the personal bond] and execute the agreement deed on behalf of the Governor of Haryana.

  1. 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]to the applicant as under :-

(a) for construction of house the estimated cost of the construction or [rupees twelve lakhs] whichever is less, in two equal instalments.

(b) for purchase of a built house, the settled purchase prices of the house or [rupees twelve lakhs] whichever is less, in lump sum;

(c) for major repairs to the house, the estimated cost thereof or rupees sixty thousand, whichever is less, in two equal instalments.]

[Provided that a member who has drawn repayable advance for purchasing a built house or for building a house for the first time he may draw repayable advance for second time as per entitlement excluding the amount of the sale proceeds of the first house :

Provided further that the total amount of repayable advance under this rule and rule 14 together shall not exceed rupees sixteen lakhs.]

[6. Debit of expenditure. [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.]

  1. 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 :-

(a) in the case of purchase of a built house, the sanctioned amount of the advance in lump sum, against duly stamped receipt;

(b) in the case of building a house, or for major repairs first instalment of 50 per cent for starting the construction or major repairs, and second instalment of 50 per cent after obtaining proof from the Borrower that, in the case of building a house, the roof has been constructed after obtaining proof from the Borrower that, in the case of effecting more repairs, the amount of first instalment has been spent. Stamped receipt shall be obtained each time in token of disbursement of the advance.]

  1. 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 [-] 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.

[(2) The borrower, shall, within one month of the drawal of advance for purchasing a built house, purchase the house and furnish to the Secretary a certified copy of the sale deed and shall also mortgage the said house to the Government within the prescribed period.]

[8A. Eligibility of balance amount of advance for house building. [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.]

  1. Repayment of house building advance.- [Section 8].- (1) The recovery of the [-]advance shall be made by the Secretary in monthly instalments of [at the rate of [two per cent] of the permissible advance] from the salary or [Compensatory allowance/constituency allowance/telephone allowance/travelling and daily allowances/ sumptuary allowance/office allowance] or from any other amount payable to the Borrower.

(2) The deduction will commence from the first issue of salary or compensatory allowance, or other allowances after the said advance or [first instalment thereof] is drawn.

(3) Simple interest will be charged on the amount of the advance at the rate fixed by the Government, from time to time, for house building advances to the Government servants.

(4) The amount of interest will be recovered by the Secretary in one or more instalments as may be decided by the Government, commencing from the month following that in which the repayment of the principal has been completed.

Explanation. - The amount of the advance to be recovered shall be fixed in whole rupees except in the case of the last instalment when the remaining balance including any fraction of a rupee shall be recovered.

[(5) In case the borrower ceases to be a member before the advance and interest thereon are fully repaid, the outstanding balance together with the interest thereon shall continue to be recovered at the rate hithertofore from the [pension/family pension and dearness allowance] which has become due to the borrower unless he has voluntarily made payment of the remaining instalments in lump sum or otherwise. In case there is any deficiency or shortfall in recovering the amount of the advance, the borrower shall be required to make payment through his own resources. In case where he does not comply with the conditions of the repayment the provisions of the mortgage deed shall be invoked immediately.]

[(6) Notwithstanding any thing contained in sub-rule (1) and (5) the rate of recovery of advance for major repairs will be six hundred rupees per month.]

[Provided that a borrower who has obtained advance prior to the 17th April, 1984 the recovery shall be made according to the pre-amended rules i.e. at the rate of seven hundred rupees per month.]

  1. Misutilisation of house building advance.- [Section 8].- (1) In case of misutilisation of the [-] advance, the Borrower shall be called upon to refund the entire amount of advance along with the interest due thereon in lump sum.

[(2) Penal interest at 2½ per cent over and above the normal rate of interest shall also be recovered from the Borrower mis-utilizing the advance, from the date of its drawal till the date of recovery from him of the entire principal and interest and will be credited in head of account "0049-Interest-Receipts, Interest-Receipts of State/Union Territory Government-Other Receipts-Interest on House Building Advance (G.O.)]

[11. Head of Account. [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.]

  1. Account of recovery.- [Section 8].- The account of recovery of the [-] advance shall be maintained by the Secretary.
  2. Safe custody and cancellation of mortgage deed and surety bond.- [Section 8].- The mortgage deed and [personal bond] 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] 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

  1. 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] 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.]

[Provided that a member shall be entitled to a total repayable advance of [sixteen lakhs rupees] and fifty thousand under this rule and rule 5 together]

[(2) Notwithstanding anything contained in sub-rule (1) the member shall be eligible to draw car advance in a tenure of the Vidhan Sabha which may be for a period of five years or less subject to the following conditions :-

(i) that the Borrower has refunded the amount of first motor car advance in full alongwith the interest thereon to the Government;

(ii) that the amount of sale proceeds left over after the repayment of the principal amount and interest thereon plus amount of advance shall not exceed the cost of the motor car to be purchased or rupees four lacs, whichever is less; and

(iii) that an attested copy of sale deed of the sale of previous car shall be enclosed with the application for the second motor car advance.]

14A. Eligibility of balance amount of advance for purchase of car. [Section 3]. - 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.]

  1. 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.

(2) On receipt of the application for the motor car advance, the Secretary shall, after satisfying himself that the application is complete in all respects and the member is eligible for the grant of the said advance, record a certificate in Form VII and forward the same to the Government.

(3) On receiving the application for a motor car advance, the administrative department shall refer the application to the Finance Department for getting the necessary funds for payment of the motor car advance earmarked [-]

  1. 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 [-]

(2) An Agreement in Form IX shall be executed by the prospective Borrower and submitted to the Secretary [-]

(3) The Secretary will have the authority to accept the [personal bond] and to execute the agreement deed on behalf of the Governor of Haryana.

  1. 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.]

  1. 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.
  2. 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]and make final payment for the purchase of the [motor car] 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]is extended by the Speaker.
  3. 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.
  4. 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.
  5. Repayment of advance.- [Section 6].- (1) The recovery of the motor car advance shall be made [in monthly instalments of two per cent] from the salary or compensatory/telephone allowance [travelling allowance/daily allowance/constituency allowance/sumptuary allowance/office allowance] or any other amount payable to the Borrower.

(2) The deduction will commence from the first issue of salary or compensatory allowance or other allowances after the advance is drawn.

(3) Simple interest will be charged on the amount of the advance at the rate fixed by the Government for car advances to Government servants.

(4) The amount of interest will be recovered in one or more instalments as may be decided by the Government, commencing from the month following that in which the repayment of the principal has been completed.

Explanation. - The amount of advance to be recovered shall be fixed in whole rupees except in the case of last instalment when the remaining balance including any fraction of a rupee shall be recovered.

[(5) In case, the borrower ceases to be a member before the advance and interest thereon are fully repaid, recovery shall continue to be made at the rate hithertofore from the [pension, family pension and dearness allowance] which has become due to the borrower or from any of his other assets unless he has voluntarily made payment of the remaining instalments in lump sum or otherwise. In case there is any deficiency or shortfall in recovering the amount of the advance the borrower shall be required to make the balance payment through his own resources. In case, where he does not comply with the conditions of the repayment the provisions of the mortgage deed shall be invoked immediately.]

(6) In case of Chief Minister, a Minister, a State Minister, a Deputy Minister, the Chief Parliamentary Secretary or a Parliamentary Secretary, the amount of deduction in lieu of recovery of the advance shall be made from his salary bills and intimation to that effect shall be sent to the Secretary regularly.

[Provided that a borrower who has obtained advance prior to the 17th April, 1984 the recovery shall be made according to the pre-amended rules i.e. at the rate of five hundred rupees per month.]

  1. 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.

[(2) Penal interest at 2½ per cent over and above the normal of interest shall also be recovered from the Borrower mis-utilizing the advance, from the date of its drawal till the date of recovery from him of the entire principal and interest and will be credited in head of account "0049-Interest-Receipts, Interest-Receipts of State/Union Territory Government-Other Receipts-Interest on House Building Advance (G.O.).]

[25. Head of account. [Section 8]. - The amount will be credited in the head of account "7610-Loans to Government Servants etc.-202-Advance for purchase of motor conveyances-(ii) Advances for purchase of motor conveyances-Advances to Ministers, State Ministers, Deputy Ministers, Presiding Officers and State Legislators (Non-Plan) Receipts" under intimation to the Secretary.]

  1. Account of recovery.[Section 8].- The account of recovery shall be maintained by the Secretary.
  2. 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 lady applicant)
3. Designation and address of the applicant
4. Exact size and location of the plot whereon a residential house is proposed to be built. Place where the plot is situated and surrounded by :
North South
East West
5. The plan of the house should be attached

(If the house proposed to be constructed is located in an urban area, the plan should be duly sanctioned by the competent local authority.)

[5A. In case the residential plot has been allotted by the Haryana Urban Development Authority. -

(i) full particulars of the authority by whom the plot has been allotted;

(ii) the plot No. with area thereof and the place where it is situated;

(iii) amount of initial payment made towards the price of the plot;

(iv) date of taking possession of the plot;

(v) date of permission of the Haryana Urban Development Authority to mortgage the plot to the Government;

(vi) date of sanction of the plan of the house proposed to be constructed. (Letter from the concerned Authority in support of (ii), (iii), (iv), (v) and (vi) alongwith the letter of allotment and sanctioned plan be also attached)].

  1. 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.]

  1. 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.
  2. 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 fidepersonal residence.

OR

I 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 applicant

  1. *(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

(Name)

Speaker/Member of the Haryana Legislative Assembly and is drawing Rs. ________________ P.M. as Salary/Compensatory Allowance/Constituency Allowance/Telephone Allowance/Daily Allowance/[Sumptuary Allowance and Office Allowance]

It is also certified that his term of membership will expire on ___________ and an amount of Rs. _____________ if advanced to him as house building advance will be recovered from his Salary/Compensatory Allowance/Constituency Allowance/Telephone Allowance[Sumptuary Allowance and Office Allowance] etc. during his term of membership and thereafter from his pension/[family pension and dearness allowance] or from his other assets.

Place : Secretary,
Date : Haryana Vidhan Sabha.

[Form II-A]

(See rule 3-A)

Form of application for grant of advance for purchasing a built house.

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. Estate Officer, Housing Board, etc. from whom the house is to be purchased.
(In case the built house is to be purchased from a private person a certificate from the Deputy Commissioner to the effect that the vendor is absolute owner of the house and that it is 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 the house 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 been furnished.

 

Place : Signature of applicant.
Date :

Form II-B

(See rule 3-A)

Certified that ______________________ is Speaker/Deputy Speaker/Member

(name)

of the Haryana Legislative Assembly and is drawing Rs. __________ per month as salary/compensatory allowance/constituency allowance/telephone allowance/daily allowance/sumptuary allowance and office allowance.

It is certified that his term of membership will expire on ______________ and that an amount of Rs. ______________ if advanced to him for purchasing built house will be recovered from his salary/compensatory allowance constituency allowance/telephone allowance etc. during his term of membership and thereafter from his [pension/family pension and dearness allowance] etc. from his other assets.

Place : Secretary,
Date : Haryana Vidhan Sabha.

Form II-C

(See rule 3-B)

Form of application for an advance for carrying out major repairs to the house owned by the applicant.

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 is situated 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.

(Details and estimated cost for major repairs to be carried out in the house and detailed estimate in support thereof duly approved by a qualified engineer or any other engineer authorised by the Deputy Commissioner by furnished. If the house wherein major repairs are to be carried out located in an Urban Area, the plan should be duly sanctioned by the competent local authority).

  1. 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 :

[Form II-D]

(See rule 3-B)

Certified that _________________ is Speaker/Deputy Speaker/Member of the Haryana Legislative Assembly and is drawing Rs. _____________ per month as salary/compensatory allowance/constituency allowance/telephone allowance/daily allowance/sumptuary allowance and office allowance.

It is also certified that his term of membership will expire on _____________ and an amount of Rs. ______________ for major repairs, if advanced to him will be recovered from his salary/compensatory allowance/constituency allowance/telephone allowance/sumptuary allowance and office allowance, etc. during his term of membership and thereafter from his [Pension/family pension and dearness allowance] or from his other assets.

Place :

Date :

Secretary,

Haryana Vidhan Sabha.

[Form III]

(See Rule 4)

(Mortgage deed)

This Indenture made the _______ day of ______ 19 one thousand nine hundred and ___________ between ________ hereinafter referred to as the "Mortgagor" which term shall where the context so admits include his heirs, executors, administrators and assignees of the one part and the Governor of Haryana (hereinafter referred to as the "Mortgagee" which term shall where the context so admits include his successors and assigns) of the other part;

WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well-entitled to the land hereditament and premises hereinafter described and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as the said hereditament) :

AND WHEREAS the mortgagor has applied to the mortgagee for an advance of the sum of Rs. ______________ for the purpose of enabling him to defray expenses for *purchasing a built house or to defray the expenses of *building of house as suitable residence for his own use or to defray expenses for *carrying out major repairs to his house;

AND WHEREAS under the provisions contained in the Haryana Legislative Assembly (Facilities to Members) Rules, 1979 (hereinafter referred to as the said rules, which expression shall where the context so admits include any amendments thereof or addition thereto for the time being in force) the mortgagee has agreed to advance the mortgagor the said sum of Rs. ____________ payable in the manner specified in rule 5.

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rs. _______________ paid on or before the execution of these presents to the mortgagor by the mortgagee (the receipt thereof the mortgagor doth hereby acknowledges) for the purpose of enabling the mortgagor to defray the hereinbefore recited expenses the mortgagor hereby covenants with the mortgagee to repay to the mortgagee the said sum of Rs. ________ and such further sum as said hereafter repaid by him to the mortgagor pursuant to the hereinbefore recited agreement in that behalf and interest thereon calculated according to the said rules on the ___________ day of ___________ next and if the loan shall not be repaid on that day shall pay interest in accordance with the said rules.

AND THIS INDENTURE ALSO WITNESSETH that for the consideration aforesaid the mortgagor doth hereby convey, transfer and assure unto the mortgagee, all that piece of land situated in the _____________ district of ______________ registration district of ___________ sub-registration district __________ containing _____________ more or less now in the occupation of the mortgagor and bounded on the north by ______________ on the south by _______________ on the east by _____________ and on the west by _______________ together with the dwelling house and the out- houses, stables, cook-rooms and out buildings now erected or hereafter to be erected on the said piece of land together with all rights, easements and appurtenances to the said hereditaments or any of them belonging to HOLD the said/hereditaments with their appurtenances including all erections and buildings thereon or hereafter erected and built on the said piece of land or the built house purchased with the advance unto and to the use of the mortgagee absolutely subject to the provision for redemption hereinafter contained provided ALWAYS that if and as soon as the said advance of rupees ___________________ and such further sums as may have been paid as aforesaid made upon the security of these presents shall have been repaid and interest thereon calculated according to the said rules by the deduction of monthly instalments of the salary etc. of the mortgagor as in the said rules mentioned or by any other means whatsoever then and in such case the mortgagee will upon the request and at the cost of the mortgagor recovery, re-transfer or reassure the said hereditaments and premises, until and to the use of the mortgagor or as he may direct and it is hereby agreed and declared that if there shall be any breach by the mortgagor of the convenants on his part herein contained or if he shall die or is declared insolvent before the said sum of rupees ________________ (and any further sum as may have been paid as aforesaid) and interest thereon calculated according to the said rules shall have been fully paid off then and in any of such cases it shall be lawful for the mortgagee to sell the said hereditaments or any part thereof either together or in parcels and either by public auction or by private contract with power to buy in or rescind any contract for sale and to resell without being responsible for any loss which may be occasioned thereby AND TO do and execute all such acts and assurances for effectuating any such sale as the mortgagee shall think fit AND it is hereby declared that the receipt of the mortgagee for the purchase money of the premises sold or any part thereof shall effectually discharge the purchaser or purchasers therefrom AND it is hereby declared that the mortgagees shall hold the money to arise from any sale in pursuance of the aforesaid power upon TRUST in the first place thereout to pay all the expenses incurred on such sale and in the next place to apply such moneys in or towards satisfactions of the moneys for the time being owing on the security of these presents and then to pay the surplus (if any) to the mortgagor AND it is hereby agreed and declared that the said rules shall be deemed and taken to be part of these presents.

The mortgagor hereby convenants with the mortgagee that the mortgagor will during the continuance of this security observe and perform all the provisions and conditions of the said rules on his part to be observed and performed in respect of these presents and the said hereditaments.

IN WITNESS whereof the mortgagor hath, hereunto set his land to this deed on the day and year first above written.

1st witness _________________________

Address/occupation __________________

2nd witness _________________________

Address/occupation

Signed by the said (mortgagor) in the presence of

Note. - 1. The deed should be registered.

  1. There must be two witnesses to a mortgagee.

*Delete whichever is not applicable.

[Form IV]

(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.

accepted

Signed 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] 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] 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) _______________

(2) _______________

Signature and designation of the Borrower.

for and on behalf of the Governor of Haryana.

Form VI

(See rule 15)

(Application form for advance for the purchase of Motor-Car)

  1. Name of the applicant

(in block letters)

  1. Designation and address.
  2. Anticipated price of the motor car.
  3. Amount of advance required.
  4. Number of instalments in which the advance is desired to be repaid.
  5. Whether advance for similar purpose was obtained previously and if so -

(i) date of drawal of the advance.

(ii) the amount of advance and/or interest thereon still outstanding, if any.

  1. Whether the intention is to purchase a new motor car through a person other than a regular or reputed dealer or agent.
  2. 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.

(a) Certified that the information given above is complete and true.

(b) Certified that I have not taken delivery of the motor car on account of which I apply for the advance, and that I shall complete negotiations for the purchase of, pay finally and take possession of the motor car before the expiry of one month from the date of withdrawal of the advance.

  1. 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.

Form VII

(See rule 15)

(Certificate to be recorded by the Secretary, Haryana Vidhan Sabha)

Certified that _____________ is a member of Haryana Legislative Assembly representing ______________ constituency and is drawing Rs. ____________ as salary/Compensatory Allowance/Telephone Allowance/Daily Allowance/Travelling Allowance and Rs. ____________ p.m. as Constituency Allowance Rs. ____________ as sumptuary allowance and Rs. _____________ per month as office allowance. It is further certified that an amount of Rs. _________ if advanced to him as Motor Car advance can be recovered from his salary/[Salary Allowances during the terms of his membership and thereafter from his [pension/family pension and dearness allowance] and other assets.

The member is eligible for the grant of Rs. ___________________ as [motor car advance.]

Place : SECRETARY,
Date : Haryana Vidhan Sabha.

[Form VIII]

(See rule 16)

(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 assignee) of the one part and Governor of Haryana (hereinafter referred to as the "Government") of the other part.

Whereas a loan of Rs. _________________ has been granted to the (borrower) for purchase of a motor car on the terms and conditions contained in the agreement dated ____________ and/or the mortgage deed, dated __________________ for due performance and observance by him (borrower) of the conditions of the agreement dated ________ and/or of the mortgage deed, dated _____________;

Now this deed witnesses 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 hypothecation 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 hypothecation 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 Government or from other assets of the borrower.

In witness whereof the parties have signed this deed on the dates respectively mentioned against their signatures in the _____________ year of the Republic of India.

Witness

  1. __________________

Signature of the borrower.

  1. __________________

Accepted.

Signed for and on behalf of the Governor of Haryana.

Form IX

(See rule 16)

Agreement To Be Executed At The Time Of Drawing An Advance For The Purchase Of Motor Car

An agreement made on __________________ day of ______________________ one thousand, nine hundred and ____________ between Shri _________________ (hereinafter called the "Borrower" which expression shall include his legal heirs, administrators, executors and representatives 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 motor car advance to a member for the purchase of a motor car under the Haryana Legislative Assembly (Facilities to Members) Act, 1979, applied to the Government for a loan of Rs. ____________ (Rupees _____________ only) for the purpose of a motor car 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 hereby agrees with the Government (i) to pay to the Government the said amount with interest calculated according to the said rules by monthly deductions from his salary/Compensatory Allowance/Constituency Allowance [telephone allowance/daily allowance/travelling allowance/sumptuary allowance/office allowance] as provided for by the said rules and hereby authorises the Government to make such deductions and (ii) within one month from the date of disbursement of the advance or from the extended period, if any, to expend the full amount of the said advance for the purchase of a motor car or if the actual price paid is less than the loan to repay the difference to the Government forthwith and (iii) to execute a document hypothecating the said motor car to the Government as security for the amount lent to the Borrower as aforesaid and interest in the form provided by the said rules and further authorises the Government, on his ceasing to be a member to recover the outstanding balance together with interest in instalments of [rupees five hundred] per mensem from the [pension/family pension and dearness allowance] which has become due to him, and also from any of his other assets.

And it is hereby lastly agreed and declared that if the motor car has not been purchased and hypothecated as aforesaid within one month from the date of disbursement of advance or if the Borrower within that period becomes insolvent or dies, the whole amount of the advance and interest accrued thereon shall immediately become due and payable.

In witness whereof the parties have hereunto set their hands to this deed on the day and year first before written.

Signed by the Borrower in the presence of __________________

(1) ________________

(2) ________________

(Signature, designation and address of the Borrower)

(Signature and address of the witness)

Signed by (Name and designation)

(1) ______________

(2) ______________

For and on behalf of the Governor of Haryana in the presence of

(Signature of witness)

(Signature and designation of the officer)

Form X

(See Rule 21)

Form of the clause to be inserted in Insurance Policies

  1. It is hereby declared and agreed that Shri _____________________ (the owner of the motor car hereinafter referred to as 'the insured' in the Schedule to this policy) has hypothecated the motor car to the Governor of Haryana (hereinafter referred to as 'the Government') as security for motor car advance for the purchase of the motor car and it is further declared and agreed that the Government is interested in any moneys which but for this endorsement be payable to the insured under this policy in respect of the loss or damage to the said motor car (which loss or damage is not made good by repair, reinstatement, replacement) and such moneys shall be paid to the Government as long as it is the hypothecatee of the motor car and its receipts shall be full and final discharge to the company in respect of such loss or damage.
  2. Save as by this endorsement expressly agreed, nothing herein shall modify or affect the rights or liabilities of the insured or the company respectively under or in connection with this policy or any term, provision or condition thereof.

Chief Secretary to Government, Haryana.

Form XI

(See Rule 22)

Hypothecation deed for motor car advance

This indenture made this _______________ day of _____________________ one thousand, nine hundred and _______________ between ________________ of __________ (hereinafter called "the Borrower" which expression shall include his heirs, administrators, executors and legal representatives) 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 applied for and has been granted an advance of Rupees _________________ to purchase a motor car on the terms specified in the Haryana Legislative Assembly (Facilities to Members) Rules, 1979 (hereinafter referred to as the said rules) :

And whereas one of the conditions upon which the said advance has been granted to the Borrower is that the Borrower should hypothecate the said motor car to the Government as security for the amount advanced to the Borrower;

And whereas the Borrower has purchased with or partly with the amount so advanced as aforesaid the motor car particulars whereof set out in the Schedule hereunder given;

Now, the indenture witnesseth that in pursuance of the said agreement and for the consideration aforesaid, the Borrower doth hereby convenant to pay to the Government the sum of Rs. _______________ aforesaid or the balance thereof remaining unpaid on date of these presents by equal payments of [rupees six hundred] each on the first day of every month and will pay interest on the sum for the time being remaining due and owing calculated according to the said rules and the Borrower doth agree that such payment may be recovered by monthly deductions from his salary in the manner provided by the said rules, and in further pursuance of the said agreement, the borrower doth hereby assign and transfer upto the Government the motor car the particulars whereof are set out in the Schedule hereunto written by way of security for the said advance and the interest thereon as required by the said rules. And the Borrower doth hereby agree and declare that he has paid in full the purchase price of the said motor car and that the same is his absolute property and that he has not pledged and so long as any money remains payable to the Government in respect to the said advance will not sell or pledge the said motor car or part with the possession thereof; provided always and it is hereby agreed and declared that if any of the said instalments of principal or interest shall not be paid or recovered in the manner aforesaid within ten days after the same are due or if the Borrower shall die or at any time or if the Borrower shall sell or pledge the said motor car or part with the possession thereof or become insolvent or make any composition or arrangement with his creditors or if any person shall take proceedings in execution of any decree or judgment against the Borrower, the whole of the said principal sum which shall then be remaining due and unpaid together with interest thereon calculated as aforesaid shall forthwith, become payable AND IT IS HEREBY agreed and declared that the Government may on the happening of any of the events hereinbefore mentioned seize and take possession of the said motor car and either remain in possession thereof without removing the same or else may remove and sell the said motor car either by public auction or private contract and may out of the sale money retain the balance of the said advance then remaining unpaid and any interest due thereon calculated as aforesaid at all cost, charges, expenses and payments properly incurred or made in maintaining, defending or realising its rights hereunder and shall pay over the surplus, if any, to the Borrower, his executors, administrators or legal representatives; PROVIDED FURTHER that the aforesaid power of taking possession or selling of the said motor car shall not prejudice the right of the Government to sue the Borrower or his legal representatives for the said balance remaining due and interest or in the case of the motor vehicle being sold the amount by which the net sale proceeds fall short of the amount owing AND the Borrower hereby further agrees that so long as any moneys are remaining due and owing to the Government, the Borrower shall ensure and keep insured the said motor car against loss, damage by fire, theft, or accident with an Insurance Company to be approved by Accountant-General, Haryana and will produce evidence to the satisfaction of the Accountant-General, Haryana, that the Motor Insurance Company with whom the said motor car is insured have received notice that the Government is interested in the policy AND THE Borrower hereby further agrees that he will not permit or suffer the said motor car to be destroyed or injured or to deteriorate in a greater degree than it would deteriorate by reasonable wear and tear thereof AND further that in event of any damage or accident happening to the said motor car the Borrower will forthwith have the same repaired and made good.