In the event of default committed by a member in the repayment of even a single installment of advance granted to Member under these rules by the due date as fined by the Sanctioning Authority, the concerned Member shall be liable to pay a penal interest at the rate of one percent per annum on the entire amount of the advance sanctioned, from the date of drawl of the advance till the repayment of the full amount of such advance.
By order and in the name of Speaker.
T. N. Dhruva Kumar, Secretary (Goa Legislative Assembly).
Porvorim, 15th May, 2006.
______ -4- FORM – I The Goa (Grant of Advance to Members of the Legislative Assembly for purchase of new motor car) Rules, 2005 (See rule 3) Application for advance to purchase new motor car by Member of the Legislative Assembly
1. Name of Applicant (in block letters).
2. Applicant’s Designation.
3. District and station.
4. (i) Salary.
(ii) Other Allowances.
5. Anticipated price of motor car.
6. Amount of advance required .
7. Date/Month of expiry of term.
8. Number of installment in which the advance is desired to be repaid.
9. Name and address of the reputed dealer..
10. Are any negotiations or preliminary enquires being made so that delivery of motor car may be taken within one month from the date of the drawl of the advance.
11. (a) Certified that the information given above is complete and true.
(b) Certified that I have purchased the motor car on account of which I apply for the advance and that I shall complete negotiations for the purchase of motor car and make final payment and take possession of the said motor car before the expiry of one month from the date of drawl of the advance and that I shall insure the motor car with the General Insurance Corporation of India or any Subsidiary Company thereto in accordance with the rules and that I shall; abide by the rules relating to the grant of advance to the Members of the Legislative Assembly for the purchase of new motor car.
______ FORM-II The Goa (Grant of advance to Members of the Legislative Assembly for purchase of new motor car) Rules, 2005 [See rule 6 (2)] Form of Agreement executed before drawing an advance for the purchase of new motor car This Agreement is made on this .............................day of ..................in the year two thousand and ........................... between (hereinafter called the “Borrower” which expression shall include his heirs, administrator, executors and legal representatives) of the One Part and the Governor of Goa (hereinafter called the “Government”) of the Other Part.
Whereas the Borrower has under the provisions of the Goa (Grant of Advance to -5- Members of the Legislative for purchase of new motor car) Rules, 2005 (hereinafter referred to as the “said Rules” which expression shall include any amendments thereof) applied to the Sanctioning Authority for an advance of Rs.
.................................for the purchase of new motor car.
And whereas the Sanctioning Authority has 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... to be paid by the Government. The Borrower hereby agrees with the Government.
(1) To pay the Government the said amount with interest. And penal interest, if any, leviable calculated according to the said Rules, by monthly deductions from his salary, pension and allowances as provided in the said Rules and hereby authorises the Government to make the requisite deductions; and
(2) to execute a document hypothecating the said motor car and also to furnish additional collateral security in the form of assignment of life insurance policy or title deeds of other properties in favour of the Government as security for the amount lent to the Borrower as aforesaid and interest and penal interest, if any, leviable in the form provided by the said Rules. And it is hereby lastly agreed and declared that if the motor car has not been hypothecated as aforesaid within one month from the date of the payment of the said sum or if the Borrower within that period becomes insolvent or ceases to be the Member or dies, the whole amount of the advance and interest and penal interest, if any, leviable, accrued thereon shall immediately become due and payable.
In witness whereof the Borrower and .................................... for and on behalf of the Governor of Goa have hereunto set their hands the day and year first before written.
................................................................
Signed by Shri .............................................................................................................
.......................
(Borrower) Witnesses :
1. ............................................................
2. .............................................................
Signed, sealed and delivered by ......................................................
for and on behalf of the Governor of Goa, in presence of
1. ...........................................
2. ...........................................
(Signature of Witnesses) ______ -6- FORM - III The Goa (Grant of advance to Members of the Legislative Assembly for purchase of new motor car) Rules, 2005 [See Rule 6 (2)] Form of Mortgage Bond for motor car advance The Indenture is made on this ................................day of ...............................in the year two thousand and .............................. BETWEEN (hereinafter called the “Borrower”which expression shall include his heirs, administrator, executors and legal representatives) of the One Part and the Governor of Goa (hereinafter called the “Government” ) of the Other Part.
Whereas the Borrower has applied for and has been granted advance of Rs......... to purchase a new motor car under the provisions of the Goa (Grant of advance to Members of the Legislative Assembly for purchase of new motor car) Rules, 2005 (hereinafter referred to as the “said Rules” which expression shall include any amendments thereto).
And whereas one of the conditions upon which the said advance has been granted to the Borrower is that the Borrower shall hypothecate the motor car and also furnish additional collateral security in the form of assignment of Life Insurance Policy or title deeds of other properties in favour of the Government as security for the; amount lent to the Borrower.
And Whereas the Borrower has sanctioned an amount of Rs ..............................................................................................................................................
(rupees ............................................) as advance for purchase of new motor car.
And Whereas the Borrower has purchased with the amount so advanced as aforesaid the new motor car the particulars whereof are set out in the Schedule I hereunder written (hereinafter called the “said motor car”).
Now, Therefore, this Indenture witnesseth that in pursuance of the said agreement and for the consideration aforesaid, the Borrower does hereby covenant to pay to the Government the sum of Rs................................aforesaid by equal payment of Rs.
................................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 penal interest, if any and the Borrower doth agree that such payments may be recovered by monthly deductions from his salary, pension and allowances in the manner provide by the said Rules, and the Borrower doth hereby assign and transfer unto the Government the said motor car and also the Life Insurance Policy bearing No. ..................................for Rs. ........................................ (Rupees ............. ...........................................) due for maturity on .......................................(hereinafter called the “said Life Insurance Policy”) or the title deed of the property described in Schedule II hereto (hereinafter called the “said Property”) by way of security for the said advance and the interest thereon and penal interest if any, 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 of the said advance, shall not sell, pledge or part with the said motor car PROVIDED ALWAYS and it is hereby agreed and declared that if any of the said installment of principal or interest and penal interest, if any shall not be paid or recovered in manner aforesaid within ten days after the same are due or if the Borrower shall die or at any time ceases to be a Member of the Legislative Assembly or if the Borrower shall sell or pledge or -7- part with the said motor car 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 Judgement against the Borrower the whole of the said principal; sum which shall; then be remaining due and unpaid together with the interest and penal interest if any, 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 the said Life Insurance Policy or the said property and—
(i) realise the amount from the said Life Insurance Policy; or
(ii) sell by public auction or private contract without the intervention of the court and said motor car and the said property and may from the amount realized out of the assigned Life Insurance Policy, or out of the sale money of the said motor car and the said property, as the case may be, retain the balance of the said advance then remaining unpaid and any interest and penal interest, if any due thereon calculated as aforesaid and all costs, charge, expenses and payments properly incurred, or made in maintaining, defending or realizing Government’s 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 and the said property and realization of the amount from the said Life Insurance Policy shall not prejudice the right of the Government to sue the Borrower or his legal representatives for the said balance remaining due and interest and penal interest if any, or and the case of the said motor car and the said property being sold or the amount of the said Life Insurance Policy being realized, the Borrower shall pay the amount by which the net sale proceeds in amount of Life Insurance Policy 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, he the Borrower will insure and kept insured the said motor car against loss or damage by fire, theft or accident with the General Insurance Corporation of India or any subsidiary company thereto and will produce evidence to the satisfaction of the Government and that the said Corporation or the Company with whom the said motor car is insured have received notice that the Government is interested in the policy AND 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 than it would deteriorate by reasonable wear and tear thereof AND further that in the event of any damage or accident happening to the said motor car, the Borrower will forthwith have the same repaired and made good.
______
SCHEDULE I Description of Motor Car Maker’s name Description No. of Cylinders Engine Number Chassis Number Cost price ______ -8-
SCHEDULE II (Description of property) In witness whereof the parties hereto have hereunto set their respective hands on the day and year first above written.
_____________________________________________________________________________ Signed, sealed and delivered by Signed and delivered by Shri.................................................. Shri................................................
..................................................... ...........................................................
For and on behalf of Governor of Goa Borrower Witnesses : Witnesses :
(1) ................................................... (1) ...................................................
(2) ................................................... (2) ...................................................
________ _____________________________________________________________________________
1. Inserted vide Amendment Rules 2006 published in the Official Gazette Series-I No.31 (Extraordinary) dated 6- 11-2006 LA/C/MCA/MLA/352/2006
(a) “Act” means the Goa Salary, Allowances and Pension of Members of the Legislative Act, 2004 (Act 20 of 2004);
4. Amount of advance admissible to Members.— (1) Subject to other provisions in the Act, a Member may be sanctioned by way of repayable advance, an amount as specified in section 5 of the Act, for purchase of new motor car. A member can avail of the m...
Porvorim, 15th May, 2006.
Application for advance to purchase new motor car by Member of the Legislative Assembly Form of Agreement executed before drawing an advance for the purchase of new motor car Form of Mortgage Bond for motor car advance ______
SCHEDULE I
SCHEDULE II