The Central Government hereby approves the Kandla Port Trust Employees (Grant of Advances for Building of Hou…

REGD NO D L -33004/99 The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 381] NEW DELHI, MONDAY, AUGUST 19, 2002/SRAVANA 28,1924

(1)

2595 GI/2OO2 2 _ _ THEGAZbllbOFINDIA,EXTRAORDINARY [PARTII—Shr Mi)] 3 4 _^ ^

'THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC 3(I)J

MINISTRY OF SHIPPING

(PORTS WING)

NOTIFICATION

New Delhi, the 19th August, 2002

G.S.R. 582t(E). —In exercise of the powers conferred by Sub-section (I) of Section 124, read with Sub-section (I) of Section 132 of the Major Port Trusts Act, 1963 (38 of 1963), the Central Government hereby approves the Kandla Port Trust Employees (Grant of Advances for Building of Houses) Amendment Regulations, 2002 made by the Board of Trustees of Port of the Kandla as set out in the schedule annexed to this Notification

2 The said regulations shall come into force on the date of publication of Ihis Notification in the Official Gazette

SCHEDULE

In exercise of the powers conferred under Section 28 of the Major Port Trusts Act, 1963 (28 of 1962), the Board of Trustees of the Port of Kandla hereby makes the following amendment to the Kandla Port Employees (Grant of Advance for Building Houses) Regulations, 1978 namely —

1 These Regulations shall be called Kandla Port Employees (Grant of Advance for Building of Houses) Amendment Regulation. 2002

I1 These shall come into force from the date of publication of these Regulations in the official gazette III Amendments

(0 Insertion of a clause as 5(d) below —

L Acquiring flats through membership of Co-Opcrative Group Housing Societies "

(n) ] Insertion of a Clause as 8(e) as under

Where the advance is required to acquire flats through membership of co-operative group housing societies as per regulation No 5(d), advance may be granted to the employees who arc members of such societies without the necessity • of mortgaging the land and/or building, where such flats are situated

The Board employee shall execute a Personal Bond and also furnish a Surety Bond The Surety Bond shall be cxcculcd jointly by two sureties who are permanent employees of adequate status of Kandla Port Trust/Ccntral/Statc Govl cmplo> ccs having sufficient length of service up to the period of recovery of the advance with interest from the loanee The surct> should not be husband/wife or member of the same joint family and, as far as practicable, should not have stood surety for anybody else

2 Original agreement between the Housing Society and the applicant employees, the share certificates issued by the Society, the letter from the Society allotting the flat to the members and original receipts for payment made to the Society should be produced for verification

1 A certificate to the effect that the Co-Opcrative Group Housing Society is registered with the Registrar of Co-Opcrative Societies of the concerned State should also be obtained

[FNo PR-12016/8/2002-PE-l]

R K JAIN, Jt Secy ?

Foot N^ti;:—Principal Regulation notified and communicated vide Idler No. PEK/59/78 dated 15-9-1978 and subsequent amendments made as under —

1 G S R No 659(E) dated 15-7*1987

2 G S R No 8<>1(E)dated24-1 I-t TO

PERSONAL BOND

KNOWALLMENBYTHESEPRESENTSthatI, sonof . .. . iheraiwftfr referred to as "the Boiindcn") am held and firmly bound upto the Board of Trustees of the Port of Kandla (hereinafter referred to as Board) in the sum of Rs to be paid to the Board for which payment wil) and truly to be made 1 bind myself, my heirs, cxccjilors. administrators and legal representatives by these presents.

SIGMEDthe dayof 20

WHEREAS THE BOUNDEN applied to the Board for loan of Rs

. (hereinafter referred to as "the said loan") for the purpose of purchase/construction of a residential flat in the building/society known as and sttuatedat and more particularly described in the Schedule hcreunder written and which building in to be transferred shortly to the Society Ltd., a Co-operative Society having its Registered Office at (hereinafter referred to as "the Society") which has been duly sanctioned by the Board on the terms and conditions, inter alia, that the Bounden do execute in favour of the Board a Bond in the manner hereinafter contained.

NOW THIS BOND IS CONDITIONED TO BE VOID if the Bounden—

(a) duly pays to the Board the said sum of Rupees within a period of yearsfrom the the day of . . .. and subsequent instalments to be paid in the first week of each calendar month, the first of such instalments lobepaidinthefirstweek of . ... 20 and the subsequent instalments to be paid m the first week of each and every succeeding calendar month thereafter and after the Bouiiden had paid lhc principal amount of the said loan in regular instalments as hereinbefore provided, the Bounden duly pays to the Board within a further period of years thereafter the amount of interest on the diminishing balances of the said loan until payment at the rate of per cent per annum such interest to be paid by equal monthly instalments ofRs . . . each to the interest that the entire loan and interest thereon shall be repaid within a period of years from the . .. . dayof 20 .. provided, however, that if the Bounden fails to pay any instalments of principal and / or interest on its due date, then and in every such case the amount of such instalment of piincipal or interest win arrears shall bear such higher rate ofmterest at the rate of. per cent per annum and the amount of each of the said instalments of interest shall be proportionately increased PROVIDED FURTHER that nothing herein contained shall be construed as a relaxation of the Bounden's obligation to duly and punctually pay the said instalments of principal and • interest on their respective due dates or othenvise prejudice any right or remedy of the Board

(b) Within one month from the date of these presents utilizes the amount of each instalment of the said loan in the purchase/construction of residential flat in the building known as andsitualedat and more particularly described in the Schedule hereunder written

(c) On transfer being executed in favour of the Bounden of the house or plot, he would mortgage it to the Board of Trustees as security for the loan obtained from the Board

(d) Does not transfer, assign, underlet the said flat or any interest therein or part with possession thereof or transfer or otherwise alienate the said shares/debentures without the previous consent in writing of the Board.

(e) So long as the said loan and interest or any part thereof outstanding and if so required by the Board, hand- over the shares/debentures of the Society to the Board along with properly signed blank transfer forms as further security for the said loan •

IT IS HEREBY AGREED BY THE BOUNDEN AS UNDER:—

(1) The sard loan or the balance thereof for the time being due by the Bounden to the Board and all other moneys due under these presents, shall become immediately payable in each and every of the following events:

(a) If the Bounden fails to pay any instalment or repayment of principal on its due date as and when it may, become due and payable

(b) If the Bounden makes default in payment of any instalment of interest on its due date as hereinabove provided.

354.5^1/ox-2- f' _

I HE GAZETTE OF INDIA tXT RAORDINARY

[PARI-II—SEC J ( I )| (d) If the Bounden commits a breach of anv one of the said covenants or provisions and on his, part to be observed and performed

(I) If Hie Roundcn presents a petition for being adjudged insolvent or is adjudicated insolvent (2) Board shall have the absolute right and full liberty to deduct ever> month from the Boundcn's salary the amount of monthly instalments and appropriate the same towards the said monthly instalments in repayment of principal and interest and for the purpose aforesaid the Bounden hereby irrevocably authorize the Board to take such deductions without the necessity of any further consent or concurrence of the Bounden

0) In the event of the retirement or death bctore retirement ot the Bounden, Board will be entitled to recover the entire unpaid balance of Ihc said loan remaining unpaid at the time of such retirement or death and all unpaid interest thereon from the gratuity, if any, that may be sanctioned to the Bounden under the service rules, applicable to him (4) Whenever any instalment of the principal or interest or any other sum due and payable by the Bounden under these presents shall be in drrcai s Board shall be entitled to recover the same as an arrcar of land revenue provided always That llus clause shall not affect any other rights, powers and remedies of the Board

(n witness whereof the Bounden above-mentioned has hereto set his hand the day and year first heremabovc written

11IE SCHEDULE ABOVE REFERRED TO

Signed and delivered by

Shn

The Bounden w ithin named in the presence ol

SURETY BOND

Wc,(l)

(2)

of (Department, etc ), do hereby declare ourselves sureties for Shri/Smt (hereinafter referred to as "the Bounden") and do hereby guarantee that the Bounden shal 1 do and perform all that he has undertaken, to do and perform under the Bond, dated the dayof 20 v excculedbyhiminfavourofthcBoardofTrusteesofthcPort ot Kandlaanddohereb) bind ourselves, our respective heirs, executors and administrators to pay a sum of Rs (in words Rupees ) being the amount due and payable by the Bounden under the said Bond or such sum as the Board shall deem lo be sufficient, to co\cr any toss or damage the Board may have sustained by reason of default of the Bounden And we do hereby further agree that the Board may without prejudice to any other rights and remedies recover from us the said sum as arrears of land revenue and we do hereby further agree that any forbearance in enforcement of the t said Bond or anv other indulgence granted to the Bounden, or any variation of their terms of the said Bond or any time given tfl the Bounden or any other conditions or circumstances under which in law a surety would bo discharged will not • discharge us from our liability to pay the said sum and for the purpose of enforcement of this Bond our liability under this Bond will be as principal debtors and joint and several with that of the Bounden Dated this davof 20

Signed by in the presence o' -

1 Shn of Department Office

nnd

2 Shn of Department Office

Sureties above-mentioned

I'nnieil bv the MJMJJJL?. Gnvl nf I 1 t\ Rinj Road Ma^npun Ntw Delhi IJ00C4 (ml V phi ' Hv Hi Cc hcatiuns Delhi 1100 VI

The Central Government hereby approves the Kandla Port Trust Employees (Grant of Advances for Building of Houses) Amendment Regulations, 2002 made by the Board of Trustees of Port of the Kandla as set out in the schedule annexed to this Notification