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[REGD. 'Ill 1776 I Panaji, 10th May, 1973 IVaisakha 20, 1895) SERIES III No. 6

OFFICIAL GAZETTE GOVERNMENT OF GOA, DAMAN AND DIU

GOVERNMENT OF AND

GOA, DIU

DAMAN

General Administration Department

Office of the Collector of Goa

Order

No. CSW /Petroleum Products/73-393

In exercise of the powers conferred on me under CIa uses 8 and 9 of «The Goa, Daman and Diu Essential Articles Price (Display and Control) Order, 1968», I . hereby make the following Order:

1. The Oil Companies dealing in Petroleum products in this Territory should intimate the Collector of Goa) at the end of every forthnight the quantity of kerosene distributed to each of their agents in this Territory.

2. The Oil Companies should also 'intimate at the end of every forthnight the quantities of petrol and diesel oil distri­buted to each of their petrol pumps as well as to different private parties.

3. The Oil Companies are directed to issue vouchers when­ever kerosene, petrol or diesel oil are released from their storage points, indicating therein the name and address of the person or agent to whom the kerosene, petrol or diesel oil are consigned together with the registration number of the tanker or truck transporting the above products. This voucher should always be in the possession of the driver of the tanker or the truck transporting the above products and should be produced on demand to the Mamlatdars, Superintendents, Inspectors, ASSistant Ins­pectors and Sub Inspectors of Civil Supplies and to any POlice Personnel.

4. The agents of kerosene should maintain in a register indicating therein the quantity of kerosene distributed to their sub-agents and dealers. In aU cases bills should -be issued. The register and bills shall be open to inspection of the authorities mentioneCI in para 3 above.

5. The agents of kerosene and their sub-agents should submit to the Collector of Goa, at the end of every fort­night, a statement indicating herein the quantity of kero­sene supplied to each dealer, place of the business of the dealer, with reference to bill number and date.

Panaji, 23rd ApriI, 11973. -----' The Collector, S. R. Arya.

Notice

COLjELNj&8j73

In exercise of the powers vested in me under sub-rule (1) of Rule 43 of the Goa, Daman and Diu Agricultural Produce Marketing '(Regulation) Rules, 1969, I, S. R. Arya, 'Col1eotor of Goa, appoint the dates and times for the various stages of the Goa Agricultural Market Comm'ittee Elections.. 1973 in the District of Goa as under:

1. Date, time and place for receiving nomination paper",

2. Date, .time and place for the' scrutiny of nomi­nations

30-5-73 from 11 a. m. to 3 p. m. in the office of the Dy. Collector, Goa North lDivision, Pana}i.

31-5-7-8 from 1.1 a. m. on­warda in the Office of. the Dy. Collector, Goa North Division, Panaji.

3. Date and time of with­drawal of nomina<tion papers

4. Date, time and place on which the poll 'shall be taken

5. Date, time and place for counting of votes

8-6-73 from 11 a. m. to '3 P. m. in the Office of the·Dy. 'Collector, Goa North Division, Pa!laji.

24-6-73' from 8 a. m. to 5 p. m. in the headquar­ters of the respeotive Taluka lin Goa District.

25-'6-73 from 9 a. m. on­wards an the Institute Menezes Braganza Hall, Panaji.

Panaji, 30th April, 1973. - The Collector of Goa, S. R. Arya •.

Schedule organized as per Sec:1Jion 51 of Decree No. 3602 dated 24-11-1917. for the purpose of objections, if any, of the interested parties which are to be submitted within 20. days from the date of second pubHcation of this schedule in the Official Gazette.

Name of the applicant-Panduranga Mortu Porobo Dessai Boruscar, of Borus, Canaconll Taluka.

Designation of the plot -1) Government land known as Quideam Nivoz», applied on permanent emphyteusls by

Panduranga Mortu Porobo IDessai Boruscar.

2) Government land known as «Nivoz», applied on per~ manent emphyteusis by Panduraga Mortu Porobo Dessai

Boruscar.

3) Government land known as «01 or OIa», applied on permanent emphyteusis by Panduranga Mortu Porobo Dessai Boruscar.

Situation of the plot - 1) Situated at Maulinguem of Torofo of Cotigao, Canacona Taluka.

2) Situated at ¥aulinguem of Torofo of Cotigao, Canacona Taluka.

3) Situated at Maulinguem of Torofo of Cotigao, Canacona Taluka.

Boundaries -' 1) North: Plot held by Panduranga Mortu P., D. Boruscar and brothers; South: Plot '«Nivoz» held by the applicant; East: Government land; West: Plot held by Panduranga M. P. D. Boruscar and brothers and Govern­ment land.

2) North: Government land «Quideam Nivoz» held by the applicant and Government land; South: Government land «01 or Ola» held by the applicant and plot held by the Swami of Portagal; East: Government land; West: Govern­ment land and Government land «01 or Ola» held by the applicant.

3) North: Government land «Nivoz» held by the applicant; South: Plot held by the Swami of Portagal; East: Govern­ment land «Nivoz» held by the applicant; West: Govern­ment land.

Area: -1) 6412,82 sq. mts. 2) 5529,16 sq. mts.· 3) 2458,85 sq. mts.

Annual ground rent - 1) Rs. 9-78. 2) Rs. 9-70. 3) Rs. 5-33.

CoUectorate of Goa, panaji, 4th May, 1973. - The Collector, S. R. Arya. .

58

Local Self Government Department

Forest Department

The Conservator of Forests, Panaji invites appllcations for the posts or Range Forest Officers from the candidates desirous of undergoing two years training in the 1973-75 Ranger's Course at the Southern Forest Rangers' College Coimbatore. .The course is of two years duration and on successful completion, the trainee will be appointed in the Goa, Daman and Diu Forest Department in the pay scale of Rs. 170-10-290-EB-15-380 plus admissible allowances under rules. Intending candidates should send applicatoions in their own handwriting so as to reach this office on or before 25th June, 1973.

(2) The candidates must.

(a) have passed Intermediate Examination of any recog­nized University or its equivalent with two or more of the follOwing subjects ~

Mathematics, Physics, Chemistry, Botany and Zoology. OR

Candidates musJ: have passed the Higher Secondary Exa­mination or the Pre-University Examination, followed by a pre-professional/pre-technological course conducted one year after the Higher Secondary stage or one year after the Pre­-University stage in a recognised University, or its equi­valent, with two or more of the following subjects.

Mathematics, Physics, Chemistry, Botany and Zoology. OR

Diploma in Civil, Mechanical and Chemical Engineering with atleast two years' course after Matriculation from any recognised Institution-

(b) possess the following 'minimum standard of physical fitness-

(!i) Height -163 cms. (ii) Chest girth (fully expanded) - 84 ems.

Chest expansion ---' 5 cms. (iH) Candidates must pass a physical test consisting of

a walk of 25 luns. to be completed in four hours.

(c) not less than 18 years or more than 25 years of age on November, 1st, 1973.

(3) The trainee during the course of training will be paid monthly stipend of Rs. 175/- per month which is likely to be revised by the Government. This is in addition to tution fees, travelling and the equipment allowances.

Only' those candidates possessing requisite qualifications and conforming to the above physical standards' need send their applications. Eligible candidates will have to appear for the quaEfying. examinations at Panaji at their own cost.

The candidates passing the qualifying examinations will have . to appear for interview, physical test, and medical examination at Panaji at their own cost.

Panaji, 27th April, 1973. - The Conservator of Forests, 8. S. Bhattee.

Applications from eligible persons with Indian Citizenship are invited by the Conservator 'Of Ferests, Panaji upto 31st May, 1973 for the post of Forest Surveyor in the pay scale 'Of Rs. 170-10-290-EB-15-380 plus allewances admissible under the rules. Candidates should possess the follewing quali­fications.

Essential.

1. Educational Qualification: - S. S. C. or equivalent. 2. A Diploma in Civil Engineering of any recognized Ins­

titution. 3. Age: -Not below 18 years or more than 25 years as

on 31-5-1973. 4. Should be physically fit to withstand hard out door duty

in the Forest areas and prepared to stay in the forests for discharging his duties for long periods at a time.

Desirable.

S years experience of Survey on Demarcation in a res­ponsible capacity. The eligible candidates -should submit appli­catien in their own handwriting giving full details· regarding their age, quaHficatons previous experience, etc.

The selected candidates will be appointed as Ferest Sur­veyor on probation for 2 years. They are liable to be posted anywhere in the Un 'ion Territory.

SERIES III NO.6

The Department do~s not offer any scope for any furthe ... · promotions to the selected candidates as per the prevailing recruttment rules.

The eligible candidate will have to appear for interview in the Office of the Conservator of Forests, Panaji. at their own cost.

Departmental candidates having experience in Forest SUl'­v~Ying might also apply giving details of qualification expe­nence etc. through proper channel. .

Any furthe:;: information may be had from the abov£ mentioped office during working hours.

Panaji, 27th April, 1973. - The Conservat'Or of I F'Orests, 8. S. Bhattee.

The Conservator of Forests, Panaji invites applications ~rom the candidates deSirous of undergoing One year training m the Foresters Training Course 1973-74 at Foresters Train­ing School Dandeli, Mys'Ore State. The Course is of one year duration and on successful completion the trainee will "be appointed .in the Goa, Daman and Diu Forest Department i"?- the pay scale of Rs. 110-3-131-4-143-EB-4-155 plus admis­SIble allowances under rules, Intending candidates should send appl!ications in thier own handwriting so as to reach this office on or before 20th May, 1973.

The candidates must be,

Ii) 8.S.C. or equivalent. H) not below 18 years and not more than 25 years as

on 1-6-1973.

iii) 5 years age relaxation is admissible to the Scheduled ••.. ,' .. Castes and Scheduled Tribes and other categories as • per rules.

iv) 3 years relaxation in age is admissible to the former residents of Portuguese Territories of Goa, Daman and Diu.

v) Cand'idates must pass a physical test consisting of walk of 16 Kms. t'O be completed in four hours.

vi) Possess the foll<?wing standard of physical fitness (a) H€!ight ............... ............. ...... .... lf3 cms. (b) Chest girth (fully expanded) 84: cms. (c) Chest expansion .................. ". .... :s cms.

vii) The Tra'inee during the Course of Training will be paid monthly stipend 'Of Rs. 75/- p. m. This is in addition to tution fees, travelling allowance and equip~ ment allowances etc.

yiii) Only those candidates p'Ossessing requisite q"alifica­tion and conformng to the above phyical standard need send their application.

ix) Eligible candidate will have to pass a writtE:n test in English Essay, Mathematics and English Dictation and appear for the above said qualifying examination at Panaji at their own cost on 28-5-1973 and for walk test on 29-5-1973.

x) Candidates selected will have to deposit Rs. 75/- and f'l in addition Rs. 75/- mess cha:rges before joining the ~ Train'jng School.

}Ci) Candidates selected will have to furnish two solvent surities for the amount spent during the course of train!ing and a bond to the effect that 11e will serve in this Department for a period not less than Five years.

xii) Government servants who fullfill the aboe conditions and desirous to apply may send their application­through proper channel.

xHi) The candidates passing the qualifying examination will have to appear for interview, physical test and medical examination at Panaji at their own cost.

Panaji, 5th May, '1973. - The Conservator of Fore'sts, 8. 8. Bhattee. ...

Food and Civil Supplies Department

Notification

No. 7-7/71/FCS-CS

In the exercise of the powers conferred by Clause 10 or the Cement Control Order, 11967, the. Lieutenant Governor of

·.~ )

10TH MAY, 1973 (VAISAKHA 20, 1895)

Goa, Daman and Diu, hereby directs that no dealers (whether wholesale or retail) in- the zone as specified in Column No.2 of the schedule appended hereto, shall sell cement at the rate exceeding the maximum pric,e rus shown in the cor­responding entry 'of column no. 3 anr 4 of the said schedule, with effect from 18-4-73 till 30-6-73. The prices shown in column 3 and 4 of the schedule appended hereto, are exclusive of local taxes.

SCHEDULE

Sl'. No. Name of the Zone

1 2

1. Zone I (comprising of Sam­bhaji, Margao, Quepem & Sanguem Talukas).

Wholesale price per m/tonne

3

237-32

Retail price per bag of

50 Kgs

11-87

•

1

2.

3.

4.

5.

6.

59

2 3 4

Zone IA (comprising of Ponda . 245-12 12-26 Taluka).

Zone· II (comprising Panaji 252-92 12-65 Taluka).

Zone III (comprising Bardez, 260-77 13-04 Bicholim & Satari Talukas).

Zone IV (comprising Pernem 266-77 13-35 Taluka).

Zone V (comprising Canacona Taluka).

242-42 12-12

By order and in :the name of the Adm'inistrator of Goa, Daman and Diu.

Panaji, 1st May, 1973. - The Under secretary, S. S. Suk­thankar .

Public Works Department

Hydraulics and Irrigation

Works Division V - Panaji

Tender Notice no. H1IAccts/F·13/4/73·74

The Executive Engineer W.D.V.(H&I) P.W.D., Panaji-Goa, invites on behalf of the President of India sealed percen­tage rate tenders from approved and eligible contractors of. P.W.D./MES,/Railways, upto 3 p. :rho on 10-5-1973,. for the below mentioned works:-

Sr. No. N arne of the works

Percentage Rate Tenders

1. Proposed drinking water well at Gonsaiwada Usgao Taluka Bicholim ............................................... .

2. - do - at Dhavasiro Usgao Taluka Bicholim ..... .

3. ~ do - at Khalche baug in Morle Sanquelim Taluka Bicholim ............................................... .

4. - do - at Kudchirem Jayanti Village Taluka Bicholim (3 wells) ............................................ .

5. - do - at Amnem in Parye, Sanquelim Taluka Bicholim ............................................... ' ~ .......... .

6. Proposed "drinking water well at Khelbekarwada, SaleH

7.

8.

9.

10. 11. 12.

V. P. Honda Taluka Sattari ................................ .

- do - at Khalche Ghol V. P. Parye Taluka Sattari .............................................................. ..

_ dO' _ at Dhangarwada.-Sattari .................... .

- do - at :Khalacha. Golwada :in Parye Taluka Sattari ............................................................. ..

- do -at Aronewada Parye-Sattari ................. . - do -at Sircodem V.P. Bironda Taluka Sattari --do - at Podose Ghatwada V.P. Parye Taluka

Sattari .............................................................. . 13. _ do _ at Bodagao, Village Saleli V.P. Honda

TalukaMSattar.l ................................................... . 14. -do - at Ameshi Village P. Parye Taluka Sattari 15. - do - at Siranguli V.P. Bironda Taluka Sattari 16. ---- do - at Ansoldem Bironda V. P. Taluka Sattarl 17. - do - at Morle Madyawada V. P. Taluka Sattari 18. - do - at . Gavathan Village Bhuipal Village

Taluka Satari .................................................. . 19. - do - at Gavthan Village Soleme V. Panchayat

Honda Taluka Sattari ....................................... . 20. - do - at Madiewada MorleMSattari ................. . 21. Lift Irrigation Scheme at Dhat Farm Taluka Sanguem,

(reMtendered) ...................................................... .

Tenders will be opened in the same date at 3.30 p. m. The earnest money should be deposited in the State Bank

of India, Panaj'i-Goa, receipted challan sent with the tender or in the form of deposit at, call of the Scheduled Bank.

Conditions of the contract and tender forms can be had from the above mentioned Office upto 9M5M1973, on all work­ing days on payment of the cost of tender (Non-refundable).

EStimated amount in Rs.

9,005-05

9,005-05

9,005-05

27,015-15

9,005-05

9,005-05

9,005-05

9,005-05

9,005-05

9,005-05 9,005-05

9,005-05

9,005-05 9,005-05 9,005-05 9,005-05 9,005-05

9,005-05

9,005-05

9,005-05

10,843-33

Earnest money in Rs.

225-00

225-00

225-00

675-00

225-00

225-00

225-00

225-00

225-00

225-00 225-00

225-00

225-00 225-00 225-00 225-00 225-00

225-00

225-00

225-00

271-00

Time limit

60 days

60 days

60 days

90 days

60 days

60 days

60 days

60 days

60 days

60 days 60 days

60 days

60 days 60 days 60 days 60 days 60 days

60 days

60 days 60 days

45 days

Cost ot tender

,in Rs.

2/-

5/-

2/-

2/-

2/-2/-

2/-

2/-2/-

2/-

2/-2/-2/-2/-2/-

2/-

2/-2/-

5/-

The tender of the contractors who do not deposit Earnest Money in the prescribed manner, will be summarily rejected.

Right to reject any or all the tenders 'is reserved without assigning any reasons. .

Panaji, 1st May, 1973. - The Executive Engineer, U. R. Ptssurlencar.

60

Works Division III, (PHEj Panaii~Goa

Notice

Sealed quotations are invited for the distributi(:m of wate: by tanker having a minimum capacity of 6000 litres or above

SERIES III No.6

on per kl/km basis. The tankers having their own pumping equipments will be preferable.

The quotations should reach this Office latest by 5th May, 1973. Right to reject any or all the quotaticns without assigning any reason thereof is reserved.

Panaji, 2nd May, 1973. -The Executive Engineer, S. M. Nadkarni.

Works Division X! - Panaii

Tender ,Notice

No. PWDIWDXI/iAccts/F.3/1O/73-74

The Executive EngIneer, Works DiVlision-XI, P. W. D. Panaji.~Goa, illvJ:tes on behalf of the President of India, 'Sealed Item Rate Tenders from approved an'd elig1ible contractors of

"SI. No. Descrlption

l. Proposed Of:tlice Building for PubHc Works Department at ,salauH-Sanguem-Goa. (Part 1& II) ..................

Tenders will/be opened at 15.30 hours if possible on the same day. Eearnest money shown against work should be '.depoSited in the State Bank of India or any Scheduled Bank in ·the form of Deposit 'at Call Receipt and enclosed it with the tender. Conditions and tender forms can be had from this Office upto 16.00 hours of 18th May. 1973' on all work·ing ·days on payment -of cost of the tender in cash (Non-refun­da,ble). If required by post an amount of Rs. 3/- will be charged extra.

c. P. W. D. and those of appropr,iate list of Union Territories/ /St<lite P.W.D./M.E.S./Railways, upto 16.00 hours on 19th May, 1'973 for ,the below mentioned work:-

Estimated Earnest money Time limit Cost cost in Rs. in days of tender

in Rs. in Rs.

2,01,765-56 5,045-00 300 15-00

The tender of the contractors who do not deposit Earnest Money in Ithe prescrlibed manner will be 'Summarily rejecte'd.

Right to reject any or all the tender~ including the lowest without assigning any reason-o'>- is reserved.

The contractor must produce Income Tax Clearance Cer­eficate before the issue of the tender.

Panaji, 4th May, 1973. - The Executive Engineer, G. R. Karandikar.

\ ••• labour and Information Department

Mormugao Port Trust

Notification

No. MPTjIGA(65)/73

In supersessions of the Notification No. MPT/IGA(65)/72 dated 1-3-1972 published in the Official Gazette Nos. 8 and 9 Series I of 25-5-72 and 1-6-72 respectively, the following draf.t of the revised Regulation adopted by the Board of Trustees are hereby published in terms of Section 124(2) of the Major Port Trusts Act, 1963.

In exercise of the powers conferred by Section 28 read with section 124(1) .& (2) of the Major Port Trusts Act, 1963 (38 of 1963), the .,Board of Trustees of the Mormu­gao Port Trust, hereby makes the following regulations namely: -

l.A Short title and commencement. - (i) These regulations may be called the Mormugao Port Employees' (Grant 'of Advances for Building of Houses Regulations, 1973.

(ii) They shall come into force on the date of their publi­cation in the OffiCial Gazette.

1.B Definitions. - (i) Board/Chairman: - In these regula­tions, unless the context otherwise requires, the terms «Board», «Chairman», shall have the meaning assigned to them in the Major Port Trusts Act, 1963»;

2. Eligibility. - House-building advance may be granted to the following categories of employees of the Board:-

(a) permanent employees of the Board,

(b) employees of the Board not falling in category (a), who have rendered at least 10 years' continuous service, provided that the sanctioning authority is satisfied that they are likely to continue in the service of the Board at least till the house, for which the advance is sanctioned, is built and mortgaged to the Board.

Note: - (0 «Employees·» means employees of the Board of Trustees of Mormugao Port but does not include casual

or daily-rated labour; it does not also include "deputationists to the Mormugao Port Trust from the Central Government, State Government, Public Sector Undertakings and other Organisations in whose case, applications for the grant of house-buil{ling advance should be processed to finality by the parent department.

(ii) In cases· where both the husband and wife happen to be employees of Ithe Board and are eligible for the grant of advance, it shall be admissible to only one of them.

3. Conditions to be fulfilled. - An applicant for the grant of an advance must satisfy the following conditions namely:-

(a) The cost of the house '01' flat to be built or pur­chased (including the cost of residential plot as mentioned in the Sale Deed of Land/house/flat) should not exceed seventy-five times the pay of an employee or Rs. 1,00,000 whichever is less and the applicant should not have availed of any loan or advances for the acquisition of a house from any other source, e. g., the Department of Rehabilitation, or Life Insurance Corporation or a Central or State Hous­ing Scheme. Advances may also be granted in cases where the cost of house to be built/purchased (including the cost of reSidential plot as mentioned in the Sale/Lease deed of landjhouse/flag does not exceed Rs. 30,000 even though it may exceed seventy-five times the pay of an employee; provided, however that where the loan, advance, etc., already availed of by an applicant does not exceed the amount admissible under these Regu­lations, it would be open to him to apply for an advance under these Regulations on the condition, that he under­takes to repay .the outstanding loan, advance, etc. (toge­ther with interest, if any thereon) forthwith, in one lump­sum, to the Department of Rehabilitation or Life Insurance Corporation, Central or State Housing Scheme concerned.

In case where an employee makes (or has made) a final withdrawal from his Provident Fund account in con­nection with· the construction/acquisition of a house, or a residential plot, in- addition to avaiHing of an advance under these Regulations, the total amount of the a"dvance sanctioned under these Regulations and that withdrawn from the Provident Fund should not exceed seventy-five times the monthly pay, etc., or Rs. 1,00,000, whichever is less.

(b) Neither the applicant, nor the applicant's wife/ /husband/minor child shoulCf own" a house. However, this

,

I !

I

10TH MAY, 1973 (VAISAKHA 20, 1895)

condition may be relaxed by the Board/Chairman in exceptional circumstances; as, for example, if the applicant or -the applicant's wife/husband/minor child owns a house in a village, and the applicant desires to settle down in a town; or where an applicant happens to own a house jointly with other relations, etc., and he desires to build a separate house for himself. House Building Advance may however. be granted to an employee who owns the land/house jointly with his wifejher husband, if other­wise admissible.

(c) The floor area of the house to be constructed or purchased must not be less than 35 sq. metres.

Note: -For the purposes of this and other regulations, notes, forms of mortgage, etc., appended to these regulations, the term ~(house» also includes a flat unless the context otherwise warrants.

(d) The advance shall not be admissible to the employee in whose case there may be legal difficulty in recovering . the advance.

4. Purposes for which advance may be granted. - An .advance may be granted for: -

(a) Constructing a new house (including the at::quisition of a suitable plot of land for the purpose) either at the place of duty or at the place where the employee proposes to settle after retirement. An, application for an advance for purchasing a ready built house or flat may also be considered, provided that:-

(a) the advance will not exceed . seventy-five times the monthly pay and will be further restricted to 80 per cent of the total cost of the house/flat or Rs. 70,000 whichever is lower;

(b) the advance will be admissible only ~or an out­right purchase and not for hire-purchase of a house/ flat; and

(c) the employee gets the right to morgage the house/ flat to the Board straightaway;

Note: -In the case of. Sale of house/flats by Government, :semi-government, or local Bodies, Housing Boards, Develop­ment Authorities and the like, the applicant while submitting the applications for an advance should enclose the following -documents only:-

(1) An attested copy of a letter frQffi the Government Department/Semi-Government Organisation/Local Body / Housing Board etc., as the case may be (from whom the house is to be purchased) allotting or agreeing to allot the land and house (or the flat as the case may be) and stating therein:-

(a) cost of the house/flat; (b) conditions for sale; (c) the accommodation available therein; (d) whether they have permitted the employee to

mortgage the land and the house/flat in favour of the Board as security forI the advance on such terms and conditions as the Board. may prescribe.

(2) An attested copy of the draft lease/sale deed for the house/flat.

(3) In the case of construction and purchase of flats, in addition to executing a Mortgage Deed and an agree­ment and furnishing of surety etc. as provided in these Regulations, an applicant should also, furnish evidence

,of seller's clear title to the land and collateral security, to the satisfaction of the Head of the Department, where the land is not martgaged in favour of the Board.

(b) Enlarging living accommodation in an existing house owned by the employee concerned, (or jointly owned with his wife/her husband) provided tha.t the t()tal cost of existing structure including land and the !Jroposed addi­tions and expansions does not exceed seventy fiye times his monthly payor Rs. 1,00,000/- whichever is less. Ad­vances may also be granted in cases where the total cost· of existing stru'Jture (including land) and the proposed additions and expansions does not exceed Rs. 30,000 even though it may exceed seventy five times the pay of an employee.

(c) The repayment of a loan or an advance taken from a Government source, as contemplated in Regulation 3(a). This facility will, however, not be available if the cons­truction on the house has already commenced.

61

5. Amount of advance. -Not more than one advance shall be sanctioned under these Regulations to an employee during his/her entire service.

(b) Applicants may be granted an advance not exceeding an amount equal to seventy five times the monthly pay including officiating pay, (except where drawn in a leave. vacancy) dearness pay, personal. pay and special pay, sub­ject to a maximum of Rs. 70,000 in cases covered by Regula­tion 4(a) and Rs. 15,000 in cases falling under Regula­tion 4(b).

Low paid employees may, however, be granted an advance upto Rs. 4,800/- irrespective of the pay actually drawn by them subject to his repaying capacity.

The actual amount of advance to be sanctioned will Pe de­termined by the Chief Engineer of the Board on the Basis of plans, detailed specificatons and estimates to be furnished by applicants justifying the amount of advance applied for, and shall be restricted to the estimated cost of construction/ purchase within the ceiling amount prescribed above, and subject to the further condition that, in the case of cons­truction in rural areas, the amount of the advance, will, in

. no case, exceed 80 per cent of the true cost of land and construction of the house or true cost of enlarging living accommodation. The amount of an advance will further be restricted ·to the amount which an employee can repay partly from his gratuity /death-cum-retirement gratuity and partly by convenient monthly deductions from his pay, before the date of his superannuation, according to service Regulations applicable to him .

For the purpose of these calculations, it will be assumed that an employee can generally commence repayment of the advance one year after the date of approval· of the advance by the Board and that an instalment calculated upto 33 1/3% of hisjher pay will be within his/her paying capacity.

6. Sanctioning authority: - The authority competent. to sanction an advance under these Regulations will be the Board in the case of a Head of Department and empoyees holding posts the maximum of the scale of which ,exceeds Rs. 1,000/- and in all other cases, it will be the Chairman.

7. Disbursement and security. - (a) (1) An advance required partly for the purchase of land and partly /0'1' cons­tructmg a single-stor.eved new house or rnlarging living ac~ commodation in an existing house shall be paid as follows:---: (i) An amount not exceeding 20 per cent of the sanctioned advance will be payable to the applicant for purchasing developed plot of land on which construction can commence immediately on receipt of the loan, on his executing an agreement in the prescribed form (vide Form No. 5 or 5A as applicable) for the repayment ·of the advance. In all cases in which part of the advance is given for the purchase of land, the land must be purchased and the sale-deed in res­pect . thereof produced for the inspection of the· Chairman within two months of the date on which the above amount of 20 per cent is drawn or within such· further time as the Board/Chairman may. allow in this behalf, failing which the applicant shall be liable to refund, at once the entire amount to Broad, together with interest thereon.

(ii) An amount equal to 30 per cent of the balance of the advance will be payable to the applicant on his mortgaging in favour of the Board the land purchased by him along with the house to be built thereon where such mortgage is per­mitted by the terms of the sale of land. In ('ases where the terms of sale do not vest the title in the purchaser till a house is erected on the land, the applicant shall execute an agreement with the Board, in the prescr:lbed from (vide Form NO.5 B), agreeing to mortgage the land, together with the house to be built thereon, as soon as the house has been built and the title to the property is complete.

(iii) An amount equal to 40 per cent of the amount re­maining after deducting from the sanctioned amount of the advance, the instalment given for the purchase of l.and, will be payable when the construction of the house reaches plinth level.

(iv) The balance of the sanctioned advance will be payable when the construction of the house has reached roof level, provided the Chairman is satisfied that the development of the area· in which the house is built is complete in respect of amenities such as water supply, street lighting, roads, drainage and sewerage.

(2) An advance required only for constructing a single storeyed new house or enlarging living accommodation in. an ex-isting hou.se shall be paid' as follows: (1) An amount equal to 30 per cent of the sanctioned advance will be payable

62

to the, a.pplicant on his/her mortgaging in favour of the Board', the land purchased by him along with the house to be built thereon where such mortgage is permitted by the terms of the sale of land. In cases where the terms of sale do not vest the title in the purchaser till a house is erected on the land, the applicant shall execute an agreement with the Board in the prescribed form (vide Form No. 5C) agreeing to mortgage the land, together with the house to be built thereon, as soon as the house has been built and the title to the property is complete.

(ii) A further amount not exceeding 40 percent of the sanctioned advance will be payable when the house has reached plinth level.

(iii) The rema'in-ing 30 per cent of the sanctioned advance will be payable when the house has reached roof level, provided the Chairman is satisfied that the development of the area in which the house is built is complete in respect of amenities such as water supply, street lighting, ~oads, drainage and sewerage.

(3) A.n advance required partly tor the purchase of land and partly tor constructing a double-storeyed new house or enlarging living accommodation in an existing house shall be paid as follows: (i) An amount not exceeding 15 per cent of the sanctioned advance will be payable to the appli­cant for purchasing a developed plot of land on which cons­truction can commence immediately on receipt of the loan on his. executing an agreement in the prescribed form (vide Form No. 5 or 5A as applicable) for the repayment of the advance. In all cases in which part of the advance is given for the purchase of land, the land must. be pur­chased and the sale deed in respect thereof produced for the inspection of the Chairman within two months of the date on which the above amount of 15 percent is drawn, or within such further time as the Board/Chairman may allow in this behalf, failing which the applicant shall be iiable to. refund, at once, the enUre amount to Board, wlith interest thereon.

(ii) An amount equal to 25 per cent of the balance of the advance will be payable to the applicant on his mort­gaging. in· favour of the Board, the land purchased by him along wIth the house to be built thereon, whe:r:e such mortgage is permitted by the terms of the sale of land. In cases where such mortgage is not permitted, the pro­vision as coritained in the last sentence of Regulation 7(a) (l)(ii) will apply.

(Hi) An amount equal to 30 per cent of. the amount remaining after deducting from 'the sanctioned amount of the advance, the instalment given for the purchase of land, will be payable when the construction of the house has reached plinth level.

(iv) A further amount not exceeding 25 per cent of the amount remaining after deducting from the sanctioned amount of advance, the instalment given for the purchase of land, will be payable when the roof of the ground floor has been laid.

(v) The balance of .the sanctioned advance will be payable when the roof of the fHrst floor has been laid, provlided the Cha!irman is satisfied .that the development of :the a.rea lin which .the house is built ,is complete "in respect of amentbies such as water supply, street lighting, roads, dra.!inage and sewerage.

(4) An advance required only tor constructing a double­storeyed new house or enlarging living accommodation in' an existing house shall be paid as follows:- (:1) An amount equal to 25 per ,cent of the sanctioned advance will be payable to the appl:icant on hlis mortgaging, dm. favour of the Board, .the land purchaserl by him alongwith the house to be :built thereon, where such mortgage is permUted by the term's of the sale of land. In cases where such mortgage is not per­mitted, the provision as contained in the last sentence of Regulation 7(a)(2)(i) will apply.

(iii) A further amount not exceeding 30 percent of the sanc­moned advance wHI be payable when the house has reached pliinth, level. .

(itif.) A further ~ot exceeding 25 per cent of the sanctioned a·dvance ";'P'~ payable when the roof of the ground floor has been 181id.

(iv) The remaining 20 pel' cent of the sanctioned a;dvance will be payable when the roof of the fllrst floor has been lalid, provided the Chairman is satisflled that development of the area lin which the house is bUlilIt 'is comp.1ete, tin respect of ame~itJies such as water supply, street lighting, roads, drai­nage, and sewerage.

(5) An adv(W,.('e for purchasing a ready-built home shall . be paid as .follows: - The ChallrmaJ? may authorise !the pay-

SERIES III No. (;

ment ·of the entire amotmrt; required by and admiissible to the appllicant 'in one lumpsum on the appllicant's executing an agreement -in the prescl'libed form (Vide Form No.5) for the repayment of the loan. The acquisition of the house must be completed am:d the house mOI1tgaged to the Board Within three months of the drawal of the adv>ance, fai}ling which, the advance together w'ilth the interest thereon, shall be re­funded to the Board for.thw~th, unless an extenSion of the !time limit is granted by the Chairman.

(.6) An advanc.e required for purchase/cOfl!Struction of a new flat shall be paid as follows: - The Cha.-irman may autho­rise the payment of the amount reqUlired by and admissible to the appJJ1cant, on the appUcant'·s executmg an agreement in the prescribed form (Vide Form No.5) and comply with the prov,isions conta~ned in Regul'art-ion 7(b)(2) for the repay· ment of the loan. The amount may either be disbursed 'in one lumpsum (lr 'in 'suitable ,instahnents at the discretion of the Chairman. The amount so drawn or the :instalment/s so drawn by the applicant shall be util'ised for the purpose for which it was drawn within one month of the drawal of the advance of <the <instalment/s, fall!ing which the advance or part of· the adV'aJlce so -disbursed, together With interest the· reon shall be refunded to Board forthwith, unless an exten­sion of this time limlit is speClif.i.cally granted by the Chairman.

(7) An advance required for repaying a loan taken by th$ applicant for conS'tructing a house shall be paid as follows:­(a) The ChairmClIll may authol'lise payment of the entire amount required by and admiSSible to the appl!i:can:t ,in 'One lumpsum on the applioant's executing an agreement 'in the prescribed form (Vide Form No.5-D) for the repayment of the loan. The acqUlisition of the house must be completed, and ·the house mortgaged to the Board wi,th1in three montha of the drawal of the advance, faJiliing which the advance toge· rther with the interest thereon shall be refunded to the Board forthWith, unless an extensi'On of thLs time l'imit is granted by Ithe Cha-irrp.an.

(b}(ll) In add-i>tlion to their execut!rng the agreement/mort­gage deed referred to in subMpara (a) above, the following three cat~govies of applJicants shall also be required to furnish the surety of an approved permanentt; employee of the Board xn the prescribed form (Vljde Form No, 6) before .the sanc­tioned advance or any part thereof lis aotually disbursed '1'0. them; .

(1) all app1iican.ts who are not permanent employees of BoaM;

(Iii) all applicants who are due to retIre from service withIn a penlad of 1'8 months following rthe date of appl'icat!ion for the grant of an advance;

( . .ilhl.) all appl'lcants who are permanent employees of the Board but not covered by sub-para (ii) above if they require the advance for the pu·rchase of a ready bU'ilt house or rapay­meut of earIHe.r loan (s) taken for -construction/purchasing a house.

(b)'(2) In addition to ;the compliance with the provisions in sub-para (a) and (b)(.l) above, the appllican:t for construc­ting or purchase of a ready-built flat should furnish adequate collateral secur:ity as la:i'd down under Rule 274 of the compi­lation of the General F'inancial Rules (Revised and Enlarged), 2963, wherever the land on whlich the flats stand 'is not mort­gaged by the owner of land in favour of the Board as a security towards repayment of the advance.

Note~- (i), The UabHity of the surety will continue till the house built/purchased is mortgaged to the Board or till the advance together with the interest -due thereon !is repaid to the Board, wh'ichever happens earliier .

(IH) Uti]isa:bion of the advance for a purpose other than that for whi:ch itt ds sanctioned shall render the .employee liable to 'Suibable disClipllinary action under the Mormugao Port Employees' (Classif1ication, Control and Appeal) Regu­laJt:ions, 19'64 apart from his being called upon :to refund to· the Board forthwith the entire advance drawn by him toget­her with !interest in accordance wi:th Regulation ·S below.

(·Dii) The period for producing the sale dee"d iin respect of the developed plot of land referred t'O .in sub-regulation (a) (:1)(i) and (a)(3)(,) maybe extended by tthe Head of the Departmenrt by a reasonable time after satisfyling himself that the appHcarut ha'S either already paid the cost of t.he land or is likely to pay tit limmediately; that :the extensIon of time will enable him to acquire the tttlejlease hold rights to the land and :thart he has every linten:tion· of building a house and wi}ll be in a pOSitIon to complete the construction of the house by :the 18th month after the date of the drawal of the first instalment of the advance or lin such perliod by whi:ch the time for the complettlon of the house in mended . under Regulatlon 9(a)(ti).

10TH MAY, 1973 (VAISAKHA 20,1895)

8. Interest. - An advance granted under these Regulations ~hall carry simple interest from the date of advance, the amount of interest being calculated on the balances out~ standing on ;the last day of each month. The vate of itnterest shall be the lower of the rate at Which the Government of Jjnd'la 'is making similar advances to its employees for house bw:lding or the rate at which the Government lends money to the Port Trust.

9. Construction, maintenance, etc. - (a) The construction or the house or additions to living accommodation in an exist1ng house, (as the case may be) shall be:-

(i) ca;rllled out exaotly in accordance with, the approved plan 'and specifications on the basi's of which the amount of the advance has been computed and F.anctioned. The plan and specifica1J~ons should not be departed from without the prior wrtitten concurrence of the Chainnan. The employees shall certify, when applying for instalments of advance admissible at the plinth/roof level, tr.at construction is bf!jing carried out strictly in accordance with the plan and .estimates ,furnished by him to the Board, that the cons~ truction has actually reached pl'inth/roof level a.nd that I\;he amount already drawn has aotually been used on the construction of the house. The Chairman may, if neceS3ury, arrange to have inspection carried out tQ verify the' cor~ rectness 'Of the certificates;

(ii) complet€d within 18 months of the date on wr.'ich the first instalment of the advance is paid to the employee concerned. Failure to do so will render the employee liable to refund the entire amount advanced to Mm together with interest thereon calculated as in Regulation 8 above, :I:n one lumpsum. &n extension of the time limit may be allowed upto one yeaT by the Chairman and for longer period by the Board of Trustees, in those cases where the work is delayed due to circumstances beyond his/her con~ .tro!. The date of completion must be reported to the Chair~ man without delay.

(b) Immediately 'On completi'Oll or purchase of the house, as the case -may be, the .employee concerned shall 'insure the house a.t his own cost, with the Life Insurance Corpora:ion of India fur a sum not less than the amount of the advance and shall keep it so Insured agruinst damage by f.ire. fwod and lightning, till the advance is fully repaid to the B08.rd and deposit the policy wIth the- Board. The premia mu::::t be pa'id regularly and the premium receipts produced for 1nspec~ tion by the Head of the Department. In the event ')f faiiure on the part of the employee to effect 'insurance against fire, flood and lightning, Jilt shaH be lawful, ,but not obl:igMory for the Board to insure the said house, at the cost of the employee concerned and add the amount of the premium to the out'Standing amoun:t of the advance and the employee shall be liiable to pay interest thereon, as if the amount of the premium has been advanced to him, as part of the aforesaid advance at the prevail'ing rate of interest till the amount is repaid to the Board. The Head of the Department wHl obtain from the employee drawing- the advance a lette;:- as prescribed in (Form No.8) to the insurer with whom the house is ,insured, to notify to the latter the fact that the Board is interested Ln the insurance policy secured, The Head of Departmetlt will himself forward the letter to the in­surer -and obtain his ackno'Wledgement. III the case of insu­rances effected on an annual basis, this process should be (fepeated every year until the advance has been fully r.epaid to the Board.

(c) The house must be maintained in good repair by the employee concerned at his own cost. He shall also keep it free from all encumbrances, and shaU continue to pay all the municipal and other local rates and taxes regularly until the advances has been repaid to the Board in full. The employee shall furnish an annual certificate to this effect to the Head of the Department.

(d) After the completion of the construction of the house, annual inspections may be carried out by any authorised officer under InstructIOns from the Chairman to ensure that it is maintained hi good repair until the advance has been repaid in full. The employee concerned shall afford necessary facility for these inspections by the officer/s deSignated for the purpose.

Note. - Furnishing of false certificate will render the employee concerned liable to suitable disciplinary action apart from his being called upon to refund to the Board forthwith the entire advance drawn by him together with !nterest accruing thereon in -accordance with Regulation 8 above.

10. Repayment of the -Advance. - (a) The advance, granted to an employee under these Regulations, together with the interest thereon, shall be repaid in full bl' monthly instalments

63

within a period not exceeding 20 years. First, the recovery .of the advance shall be made in not more than 180 monthly instalments and then interest shall be recovered in nct more than 60 monthly instalments.

Note. - (i) The amount to be recovered monthly 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.

(U) Recovery of advances granted for constructing a new house or enlarging living accommodation in an eXisting house shall commence fr9m the pay of the month following the completion of the house or the pay of the 18th month after the date on which the first instalment of the advance is paid to the employee, whichever is earlier. In the case of an advance taken for purchasing a ready built house or repaying earlier loans taken for constructing a house, recovery shall commence fl'om the pay of the month following that in which the advance is drawn.

(iii) It wlll be open to employees to repay the amount in a shorter perlOd, if they so desire. In any case, the entire advance must be repaid in full with interest thereon, before the date on which they are due to retire from service.

(Iv) In order to avoid undue hardships to an employee who is due to retire within 20 years of the date of application for the grant of an advance and under the service Regulations applicable to -him, is eligible for the grant of a gratuity or death-cum-retirement gratuity. the Chairman may permit him to repay the advance with- interest in convenient monthly instalments (the amount of the instalment shall not be less than that worked cut -o,n the basis of repayment within a pe~ riod of 20 years) during the remaining period of his service provided he agrees to the incorporation of a suitable clause in the prescribed Agreement and Mortgage Deed form to the effect that the Board shall be entitled to recover the balance of the saId advance with interest remaining unpaid at the time of his retirement or death preceding retirement from the whole or any specified part of the gratuity that may be sanctioned to him.

(v) In case the employee does 'not repay the balance of the advance due to the Board on or before the date of his retire­ment, it shall be open to the Board to enforce the security of the mortgage at any time thereafter, and recover the balance of the advance due together with interest and cost of recovery, by sale of the house or in such ether manner as may be permissible under the law.

(b) Recovery of advance shall be effected through the monthly pay/leave salary /subsjstence allewance bills of the emploees Concerned by the Head. of the office or the Financial Adviser & Chief Accounts Officer cencerned, as the-case may be. The recoveries will not be held up or postponed execpt with the prior cuncurrence of tile Chairman/Board. In the event of subSistence allowance payable being reduced on prolonged suspension of the employee the recoveries may be suitably reduced by the Chairman, if considered necessary.

(c) If an employee cea~es to be in service for any reason other than uormal retirement/lSuperannuwUon, or if he/she dLes, before repayment .of the advance in full, the entire outStanding amount of the advance -shall become payable to the Boar:d forthwith. The Chairman, may, however, in deserv­ing cases permit the -employee concerned, or his/her sUC8

cessors-'iI:i-interest as the case may be, or the sUl'letles in cases covered by Regulations 7 (b), if the house has not been completed and/or mortgaged to -the Board by that tIme, to repay the outstanding am-qunt together with interest thereon calculated as in Regulation 8 above, in suitable ins­talments. F'ailure on the part of the employee concerned or his/her successors (as the case may be) to) repay the advallce for any reason whaJ1:soever, will entitle the Board to enf"rce the mortgage and take such other action to effect recovery of the outstanding amounrt as may be penn'issible.

(0) The property mortgaged to the Board shall 'be rep.on­veyed to the employee concerned (or his successors~in-inte?'.est as the case -may be), Ln the prescribed form (Form No.7) after the advance, together ,with the interest cthereon, has been repaid to the Board 'in full.

11. Procedure for dealing with applications. - (a) Appli­cations addressed to the Board/Chainn'an should be ~ub­mitted by the employees through the Head of their Depart~ ment in the prescribed form (in duplicate). The following documents .hould ac~ompany the apPlica~ l

(i) A declaration dn regard to house y, 1f any, .owned by the applicaDJI: or the applican 's wife/husband minor children at the time of ?pplying.

(;ij) If the advance lis required for enlarging living ac~ ccmmodation in an existing house or for repaying earlier

SERIES III No.6

loans taken for constructing a house, an attested copy of the sale deed as well 8IS 'Of 'other documents, if. any. establishing that the applicant possesses an indisput!l.ble title to the property in question and that the property in question lis free from encumbrances. The site plan shf,uld also be furnished where advance is required for rerayw ments of earlier loan (5); authentic evidence indicating the outstanding amount (s) of the loan (8) in question should also be furnished.

as, execution of agreements, mortgage deed, Surety Bend, Undertakings, etc. in the prescribed form.

('iii) In cases where applicants happen to be in posses~ion of land and desire to build a new house on it. a copy of the sale deed or other proof of the applicants having a clear tiltle to the land on which the house is proposed to be built, alongwith the, site plan. If the land happens to be lease hold, an attested copy of the lease deed sh 1uld also be enclosed.

(Iiv) In cases where the applJioamJt 'desires -to purchase iand, an attested copy of a letter from the seller of the plot to the effect that subject to the settlement and pay~ ment of the pTlice, he is in a POSlLtion to hand over the vacant possession of a ,clearly demarcated developed plot of land to the applicant Within a period of two months, from' the date of ltis letter, may be forwarded.

(v) In case'S whe're the appllicant desires to purchase a flat, an attested copy of a letter from the seller of the flat, to the effect that subject to the settlement and payment of ithe pnice, he is in a position to hand over the vacant. pos­session of a clearly distinguishable flat to the appl>cant, with!in a peIliod of two months from the date of his letter, may be forwarded.

(b) The Heads of the oDepal'ltments will scrutindse the ap­pDications and satisfy themselves of the correotness of the :f\acts etc. stated therein. They will also examine the, title deeds etc. furnished in comp~ience with sub-regulations (li)

:and (Wil) above (in consulta"tion with the Ports Legal AdV'i­. ser and the Revenue and Reg1istration authorities, -if neces­sary) to make sure ,that the appUcant does in faot possesses a. clear title to the property ,in question and,that the property .iIs free from encumbrances. After this has been done, the Heads of Department will forward the appl:ication to the Fina:noial Adviser and Chief Accounts: Offlieer.

(-c) The F'inancial Adviser and Cblief Accounts Officer's office will examine the application with reference to eligi­

'tiility and subject to funds being available, ceM:ifying the maXlimum amount of advance that could be granted to appli­cant concerned and forward the ·application to the Board/ /Cha!innan as the case may be for approval.

(d) (Ii) On receipt of the approval of the sall'ctionling autho­rity the Head of the Department shall also arrange to com~ plete the prescrjbed formalltties such as execution of the Agreement. MOI1tgage Deed, Surety, Bond, etc. tin the pres­cribed forms (in consultation with the appropriate legal aut­horitlies where necessary) and then forward the papers to

. Financial Adviser and Chief Accounts Off~icer for arranging payment out of the sanctioned advance to the applicant. Where land 01' a ready blUilt house is 'intended to be purcha­\Sed with the help of the advance, the Head of the Depart­ment may before forwarding the papers to F'inancial Adviser and C11,1ef Accounts Officer, also require the employee con­cerned to certify that nego'iiation's for the p"urchase have reached a ftirnal stage, that the purchase price is n'Di: likely to be less than the amount of the advance saJUcbioned and that he has satisfied h'imself that the transaotJion will enable him to acquire an indisputable title to the land/house in ques­!bion. In such ca.ses, the sale deeds, etc. should be examined !by the Head of the Department carefully (!.in consuLtation with the appropriate legal authorities where necessary) to ensure that the employee concerned has actually acquired an indisputable tittle to the property exclusive of t~itIe to plot of loam in the C8;se of- flats in question. It should also be veI1i­flied that the market value of land/house pur.chased is' not less than the advance sanctioned. .

(ii) The Heads of Department shall 'instruct applicants desirous of constructing a new house or enlarging living accommodation in an existing house to furn!sh two copies of the Plans, as well as the specificati-ons and estimates in the prescribed proformae. The plans should be duly approved by the Municipality or other Local Body concerned before submitting them to the Board.

(e) (i) The Plans and specifications ~hall then be scruti­nised ,by the Financial Adviser & Chief Accounts Officer, who will certify the maximum amount that could be raid as first instalment. The proposal for the disbursement of the first instalment will then be submitted to the Chairman for authorising the disbursement after the Head of DepartIr'ent has arranged to complete the ,preSCribed formalities such

(ii) The payment of remaining two instalments of advance will be made after obtaining Chairman's sanction for the disbursement on the basis of certificate to be furnished by the applicants as prescribed in Regulation 9(a) and such inspection as may be deemed necessary., It should also be verified before disburSing the last instalment of the advance that the development 'Of the site has been completed vide Regulation 7(a) above.

Note - Along with the proposal for- the disburrsement of an instalment of an advance, the Head of Department should !forward a certificate to the effect that the requireu forma~ liUes in pursuance of which the instalment has become aue hay-e been competed.

The Head of the Department shall also ensure that the constructi-on of the house 'is completed within· the pet10d prescribed in the Regulations and that:-

(i) The prescribed mortgage deed is ~xecuted immediately on completion/purchase of the house and the doclln1ent kept in safe custody afoter Registration.

(10 The house is· insured "in the manner jndic8Jted in re­gulation 9 (b) above, immediately on its completion/pur­chase and that the premium receipts are regularly produoed for inspection.

. (tii) The house is maintained in good repair and that .the necessary 'insuit'ance premia, land tax and MuniCIpal rates and taxes are paid r.egularly and the requisite cer1 ifi­cate furnished annually until the advance has been repaid in full.

Ov) Monthly recovery of iIl!Stalments of !l'epayment of the advance commences from the due date and is made regularly from the pay/leave salary bill/ subsistance bill of the employee concerned thereafter .

(v) In the case of ,employees likely to retire with'iT~ lS months of the date of their application for the advance (See Regulation 7 (b) above), the amount of their provi­dent fund and gratuity will be adequate to· cover the balance of the advance outstanding against them just before the date of their retirement and that in such cases any appli­cations for advance/withdrawal .from his Provident Fund subsequent .to the grant of house building advances under these Regulations and should not be ordinarily entertained.

«vi) Any amount drawn in excess of the expenditure incurred, is refunded by the employees conoerned to the Board forthwith, together with the interest, if any, due thereon.

(vii) The property mortgaged to the Board is released immediately on the rapayment of the advance and thflo interest ther.eon in full. The Reconveyance Deed shoulc be got registered. Arter the Rec'onveyance Deed has t'F:en executed and registered the mortgage deed, the Sale Deed and such other documents deposited by the emplo~f'es should be' returned to him and a receipt <;.herefor should be r.a.kAn anrl kApt. on rp-cnril along wirt"h a copy of the Reconveyance Deed. The expenses in connection with. the execution/registration of the Reconveyance Deed shall be bo:nne by ,the lemployee.

12. General. - In any matter not specifically provided for in these Regulations, the decisions/orders issued from time to time by the Government of India in this matter shali apl:.Jy, in so far as they are not inconsistent with these Regulations.

:13. Interpretation. - If any question arises relating to the interpretation of these Regulations, it shall be decided by the Board.

Application form prescribed under the Mormugao Port Employees (Grant of Advances for building of houses)

Regulations, 1973

1. (a) Name (in block letters) (b) Designation' (c) Scale of pay (d) Present Pay

2. (a) Office in which employed (b) Department (c) Office where posted

3. Please state: i) whether you are a permanent or non permanent

employee of the Board, and the length of service under the Board. .

I ~

10TH MAY, 1973 (VAISAKHA 20, 1895)

ii) Your permanent post, if any. and the name of the office and the department concerned.

iii) Date of birth and age next birthday. iv) Date of retirement. v) Is your wife/husband a Board's employee?

If so, give herjhis name, designation etc.

4. Do you or does your wifejhusbandjminOr child already own a house (see Regulation 3'(b», if so, please state.

1) Station where it is situated with exact address. 2) Floor area in sq. metres. 3) Its approximate valuation. 4) Reasons for desiring to own another house or enlarg­

ing living accommodation in an existing house, as the case may be.

5. (a) Do you require the advance for building a new house? If so, please indicate: - (See Regulation 3(a) and 3(c) ).

(1) Approximate floor area of the house proposed to be constructed (in sq. metres).

(2) Estimated cost of land. (3) Estimated cost of building. (4) Total estimated cost: (5) Amwnt 'Of Mvance requJired. (6) Number of years "d.n which the advance wdth iuterest

:is proposed rI:!o be repaid.

Note: -Entries in column (2) to (4) will have tlo be surpportted by speailflicaJti:ons, eSibimates (in the enclosed fIorms) and pIlan £lit the 'approprli'ate stage.

{ b) Whether you 'are already 'in iPossess"ion of ,the land?

If so, please state: -

(1) Name 'of the C'~ty or It'own 'Or PanchayaJt where it ts ~ocated.

(2) Whether you wish to settle ;there a:eter lI'etJirement. (3) Area 'Of the plot (m ·sq.matl'es.) ( 4") Nam'e of mhe Mun1o'ipal !Or ather local authority

(if any) in rwh'ose jur~sdJc:bi'on it is ilocated.

(c) If no Plot 'Of land lis already in your possession lrow, when and where do you propose ,00 'acqU'ire 'One? Sltate the approximate p~ot area (in sq. metres) !proposed Ito 'be acquired and enclose an 'attest~d true ,copy of a letter' from (the seller of Ithe plot that subject :to 1lhe 'settlement -and payment of the price, he can 'hand over to the appli.i:cant, the vacant possession 'Of a de;arly demarcaJted deV'61:Oiped plO't of land withlin a ,period of twO' months from Ithe 'date of the letter.

6, Do you l1equii're th'e -advance for ·enlarging [Iiv·ing accom­modaUon lin an exoisting house?

If so, please state: -

(1) Number IQf rO'oms dn !the house (ex,cluding iavatory, bathroom and kitchen).

(,2) Total :51001' area! 'Of t'he rooms (in 'Sq. metres). (3) If an ·a;ddlitilonarl storey lis prop'osed to be 'added, is

the ftoundalti<on strong eu:ough?

Particulars oj addition desired: (4) Number of ro'oms. (15) Floor area (in: sq. metres). (,6) Estimat~ cost. (7) Amount 'Of advance desired. (8) Number 'Of years rin which the advance w&th dnterest

ris proposed :t!o be reipalid.

Note: ~ A plan 'Of t:he house -shoUld accompany Ibhe appli­cabion.

7. Do you 'r'equ'ire the advance for purchasing a ready buHt house?

("a) (.i) If so, 'and :in case you' a:lready have a h'ouse in view, please state:

(:1) E:x;a;ct ~o'catiiO'n of the house. (2) Floor area 'Of the 'house ('in sq. metres). (13) lPIlinth '.3Jrea 'of ,the ,house (in sq, metr'es). (4) ApprOXimate 'age I()f Ithe :house. (5) Municipal valU'albfon of the house. (6) Name and :address of the 'Own'er. (7) Appr'oXiImate price ex:pected ;bo be ,paid.

------ --------(8) Amount 'Of oovance requ1ired. (9) Number of years on which the advance with interest

is proposed to be repaid. (,10) The amOunt withdrawn from Prov±dentt Fund for

-construclJion!acquIsitli'on 'Of house. >

(a)(Ui) Have you satisfied yourself that .the transaotion woulJ.d resullt in your acquiving an n.mdtisputa:'ble title to the house?

Note: -A ,plan of the (house and speClifiiOOltilOllS used in construction should accompany ibhe application.

(ib) If you dO' not 'a:lready have :a house an v1tew, hmiv, when and where do you ,ptQpose to acquire one?

Indtcaite: -

(1) The approximate amourut up to' which yO'U W'iU be prepared to buy a hO'use.

(2) The appOOXiim8Jbe 'amount of advanCe requiTed.

('3) Nrumlber 'Of years ,in'which the advance with dnterest iIS proposed to tbe r:epai<i.

Note: --':"'iDffi)alills spectflied agalnst 1iItem 7(a) a'bove should be :1iurDdshed lin tlri\s case ailiso as :soon as posSible and in any ~ase,. before the tfuill :8IlUOlWt >Of ltJhe advance is drawn.

8. Is the land 'On whiCh ttJhe house stJands, or iils proposed to rbe constructed, free h'Old or fleasehold? If ileasehO'ld, -:-

,( 1) The tierm of the [ease.

(2) How m1.tch of Ithe term /las already elOpJred? (3) Wlhether oon<liJtl~ons of the aease permit ltJhe land

bedng mortgaged it'D BoaTd/O'r any others. (4) Premium paid for :the plot. (5) Annual rental of the plot.

Note: - A copy of the lease/sale deed should accompany the applicaltion.

9. (-a) Is your tlitle to the lanu:jhouse undisputed and free from encumbrances?

(b) Can you produce, if required, original documents (sale or lease deed) in support of your tiltle?

If nat state the re8JSons therefor indlcatrmg what other documentary proof, 'if any, you can furnrish lin support of your claim?

(See item 5.(b) and 6 above).

(c) Does the locality lin which the plot of land/house is s1tuated, possess essential services' lIke roads, water supply, draJinage, sewerage, street lightling, etc? (Please furnish 'a site plan with complete address).

10. tn case you happen Ito be due to retire from servjce withlin 20 years of the date of Ithis appllication and are -eligible for the grant of a g,ratwity or death cum retirem€nt graltuity, do you agree by giving a declaration in thlis Agreement form/MOlitgage Deed that the Board shall be entitled to recover the balance of the said advance with linte:r:est rem-arin­ing unpaid at the time of your retirement or death preceding retirement from ith-e whole or any speci:f:ied part of /the gra­tuity that may be sanctioned to you?

11. Is Regulatli.on 7(b) appl1icable to your case? If so state: -

(:i) the name, designation, scale of pay, Office/Depart~ ment etc. of the permanent Board ,employee who is wining to stand surety for you;

(:ili.) the date on whicih the proposed surety lis due~·;to retire from service.

12. In case you have already made a fiinal withdrawal from your Provident Fund for the construction/acqui3itiion of a house, or -a residential plot, please furnish the particulars of the amount drawn, [the date of the drawal and the pU11>0se for whlich the amount now required under these Regulations, is required.

[)ECLARATIONS

'1. I solemnly declare Ithat the dnformation furnmhed by me <in reply to the var:ious !items i:q.dicated above is rtrue t.o the best of my knowledge and belief.

2. I have read tthe Monnugao Pom -Employees (Grant of Advance for Building of Houses) Regulations, and agree to abide by the terms -and condlitions stlpulalted therein.

3. I ce~ thalt*

i} My wife/h~band is not a Board's employee

My wife/husband who is a Board's €mployee has not applli:ed for and/or obtained an advance under these Regulations.

iii) neilther I nor my wifejhusband/minor child has applJied for and/or obtained any loan or advance for acquisition of a house in !the past from "any govern­ment source (e.g. department of rehablliltation) or drawn and adv3Illce or made a f:inal withdrawal from any ProVlidenrt Fund ill connection With tile acquisition of a house (also see litem No. 12 above).

ilii) That the construdbion of tile house for which the advance has been apploied for, has not, yet been commenced.

Station:

Dalte:

S1ignature of the applicant.

DeSignation:

Department/Office in which -employed.

"'Strike out the alternative(s) not applicable.

(To be completed by the applicant's Head of the Department)

Endt. No. _,. dated '" Forwarded to the FinanCial Adviser & Chief Accounts Officer.

(1) I have satisfied myself of :the correctness of the facts, etc. stated therein and that !tIhe appllicant possesses a clear We to the prope<Ity do> question.

(2) It is recommended that an advance of Rs ... (Rupees ... only) may be granted to the applicant. I have satisfied myself, on the basis on monthly deductions, etc. made from the applicant's salary, that IthIIs amount ts well will'ltIn his/her repayllng capadity.

(e) The provisions of Regulations 3(b) may be relaxed as a speCiial case (strike out if not applicable).

( 4) I am satisfied On the basis of the' data provide:d by the applicant th3Jt the valuatJion of the existing property as shown in item 4(3) of the application fairly represents the currenrt market value of the existJing house.

Note: - The valuation of t\:he eNli'Sting house required to be shown m item 4 (3) of the appliOOltJion form should be <the value as assessed by. the ooncerned Local Body for the pur­pose of House Tax, 'if the h'ouse is situated in an Urban area. If rthe Local Bodies do not assess the vallue of a house for the purpose of House Tax 8Jnd' 'are therefore (I1ot :in a position to furnish a certificate to the intending applicants, the appli­cants should furnish data/documents regarding valuation of the exisbing house Ito the satisfaotion of the Head of Depart­ment who wHl furnish a certtficate as above, while forward­ing applications for grant of house building advance for en­largement of houses Situated in Urban areas. In so far as properties, situated in rural areas are concerned, applicants should fUlmtish a certificate from the Revenue Off!icer con­cerned (not lower - than the ramk of Tehsildar).

('5) The amount :of gratmtyjd'eath-cum-retiremeDJt gra­tuity due to the applIicant on the date of his super,annuation (at the time of retdrement, calculated on the basis of the appoilIltment held by the appJ.tl.cant 'at the time of submdtting the application for a house building advance) is estimated to be Rs ...... .

I am aII'So sa;bisfiro th8it there will n'Ot be any legal disa­bil!ity in recovering the <8XlvB.IIl.ce.

Signature:

Designation :

Name of Department:

SERIES 111 No.6

FORM No.1

Abstract of cost of original estimates and detailed speCifi­cations (based on details in Form No.2) for grant of advan­ces for the building etc. of houses.

Amount: -Rs.

Name:

Designation:

Locality and address in which the house is proposed to be cons-tructed: .

~ S Sub-heads and items of work $ H

1 2

I~Earth Work

(Earthwork excavation for foundations and disposing of

Quantity or No.

3

the surplus earth etc.). sq. metre

II-Ooncrete Work

(Foundation concrete with cemenrt or lime using stone 'Or brick ballast either below floors or for footings). sq. metre

III~Damp Proof Oourse (Concrete on rich cement

mortar or bituministic com-pound).

IV-Roofimg Work (R.C.C. asbestos or any

other type of suitable roof).

V-Reinforced Cement Ooncrete

VI-Masonry (Brick, stone, concrete blo­

cks,. walls etc).

VII-Wood Work (For doors and Windows

wooden scantlings for roofs etc.)

VIlI---8teel Work (For reinforcements, hold­

fast, window bars etc.).

IX-Flooring

(Concrete, stOlle or marble Chip etc.).

X-Finishing (Plastering, pOinting, col­

our or white washing paint­ing etc.).

XI-Miscellaneous (Like rain water pipes, shel­

ves, jalis, chulas, pegs, hooks for fans etc.).

XII-Sanitar1.J Installations (Closets, connections, pipes,

manholes, drains etc.).

XIII-Water Supply (Taps, water metres, water

tanks, G.!. pipe etc.).

XliV-Electricity (Electric points, meters,

connections, lines etc.).

Total cost .............. .

• .. ~

4

Si~ature of the applicant .. .

Date .. .

" " 3 " p; 0 0

~ ,..

5 • 7

.. ).

10TH MAY, 1973 (VAISAKHA 20,1895) 67

FORM No.2

Detailed estimates for an advance to the employees of the Board for the building of a house

(Detailed estimate sheet to support 'the quanrt:'iJties given In Fonn 1)

Name:

Designation: Office .to whdch attached:

Locality and address lID. which the house dB pro­posed to be bunt:

Sr. No. Details of work

1 2

I - Earth Work

1 Eadhwork in excavatiion in all sails for founda­tion and other trenches and depOSiting the same within 50 me­tres lead and upto 1.5 metres 1ift.

Front wall .. ' Rear Verandah retain­ing wall ...

Outside wall ... Common wal'Is bet­ween romus ...

W. C. front and rear

- do ---- si'de ..•

Steps tin front and rear

Total earth work •..

Refilling the excavated earth etc ....

-Continue de'tatlls for all iltems a;s given in sam­ple Form No.1 .. ,

Measurements

No. :5 :5 ~ " " ,. • " • H - :1l '" 3 4 5 6

r i '" 7

Signature of the applicant ...

Date ...

F?RM No.3

Form of mortgage deed to be executed when the property is free hold

(The Mormugao Port Employees (Grant of advance for the bUilding of houses) Regulations. -1973

R'egulation 7 (a) )

This !indenture made this day of ... one thousand nine hund'red amd ... betw·een ., .. sOon of ... at present employed as ... iin Ithe offOfce of ... at .,. (hereinafter called «THE MORT­GAGOR» which expression 'Shall unless excluded by IQr repug­nant to the subject or context, include -h1s/her h-eirs. executors admialii:strators amd assigns) of the ONE PART AN[) THE BOARD OF TRUSTEES OF THE PORT OF M:0RMUGAO (hereinaflter called «THE MORTGAGEE» wich expression shall unless excluded by or repugnant to the subject qr con­text include h1s successors in office and asSigns) of the OTHER PART.

WHEREAS THE MORTGAGOR lis the absolute and sole beneficial owner and ds \Seized and possessed of or otherwise welJ and suffioienrtly entIitled to the land and/or house heredi­taments and premi'Ses hereinafter described tn the \Schedule hereunder written and for greater cleam.ess delineated on the ,plan attlnexed hereto and thereon shown with Ithe boun­daries thereof coloured ... and expressed to be hereby con­veyed tre.a:rsferred and assured (hereinafter referred to as «the saJ!d Mortgaged propenty».

AND WHEREAS THE MORTGAGOR applied ,to the MORTGAGEE for an advance of Rs ... (Rupees ... only)· for the purpose of enabltng ·the MORTGAGOR.

1. *to purchase land and to construct a house thereon or *(to enlarge living accommodation an the existing house on the said hereditaments).

2. *to' construot; a hoUse on the saud herediltamenrts, or * (to enlarge LiVJng accommodation un the e:xnsting house on the said hereditaments).

3. *to purchase a ready bunt aforesaid house.

AND WHEREAS the Mortgagee agreed to advance t'O the Mortgagor the said sum of Rs .... on certain terms and con­dlttions;

AND WHEREAS one of the conditions for' the aforesaid advance is that ,the Mol'ltgagor should secure the repayment of the said adV'ance and due observance 'Of all the terms and condiiJti'Ons in the Mormuga'O Port Empl'Oyees ,(Grant of advance for the building, of houses) Regulations. (here­inafiter referred to as the «said Regulations» whi~~ expres­sion _shall, where Ithe collitext so admli1;s dlnclude any amend­ment :thereof or' addition thereto for the time being in force) by a Mortgage of the property descI1ibed tlfl. the schedule here­under wrlitten.

AND WHEREAS THE MORTGAGEE-

"1. *has sandtioned to tthe MORTG4-GOR an advance of Rs .... (Rupees ... only) payable by 'Such instalments and .in the manUel" as hereinafiter appearting.

2. has pruid to the MORTGAGOR an advance of Rs. . .. (Rupees ... ;onJy) on ... and 1n the mannett" prov,ided an the salid Regulati'Ons upon hav.ing the repayment of the loan with intereSlt and the observance of all the terms and conditions contadned in the said Regulations as herClinarter mentioned secured. in the manner herelinafter appearing.

AND WHEREAS THE MORTGAGOR is to recetive fI10m the Mortgagee the aforesaid advance 1.n the following 'ins­talments: - .

:"Rs ..... already received on ...

*Rs ... on the execution of this dndenture by the Mortgagor in favour of the Mortgagee,

**Rs. level.

when the construction of the house reaches plinth

**Rs. . .. when the construction 'Of the house reaches roof level. provtded the Mortgagee tis S8Jtisfiied that the develop­ment of the area in whiich the house is built lis complet'e in respf'ct of ameni<t:!ies such -as water supply, 'Street lighting, roads, draJinage and sewerage.

!NOW THIS INDENTURE WITNESSETH as follows:-

(l)(a) In pursuance of the said Regulations and in con­sideration of the mid advance sanotioned/paid by -the MORTGAGEE t'O the MORTGAGOR pursuant to the pro­vdsions contaJined in the said Regulations the MORTGAGOR DOTH hereby covenant w.ith the MORTGAGE}!} that the Mortgagor shall always duly observes and perform all the terms and condiitions of the said iRegulations and shall repay ·00 the MORTGAGEE the said adv-ance of Rs ... (Rupees .. . only) by t ... monthly instalments of Rs. ... (Rupees ... _ only) from the pay of the Mortgagor ·commencing from the month of '" IllLneteen hundred and ... or from the month following the comp18;tion of the ho-use whichever i'S earaer, and the Mor:tgagor hereby author:ises the Mortgagee to make deductions from hlis monthly pay/leave salary /subsis­tence allowances ,of the amount of such installment'S and the Mortgagor shall after paying /the fun amollitlt of the advance also pay linterest due thereon in '" ... monthly instalments !in the m3!Illler and on the it:erms specified in the salid Regulations provtided that the MORTGAGOR 'Shall repay the entire advance Vv1Dth interest !in fun before the date on which he/she lis due to retire from service. fwiling which th'e Mortgagee shan be entritled Ito enforce this se­curtity ()f -the Mortgage at any ttiime thereafter and ,reco­ver the balanc{' of the advance then, due together with ~nterest and costs of recovery by sale of the mortgaged propenty or !in <such other manner as may ,be permisSible

"'Mention whatever is applicable. ** The language will be modified if the mode of payment of ad­

vance is different from what is prescribed in Regulation 7. + Tms will not be more than 180 .. *' This· will not be more than 6(!.

68

under the law. It wtill however be open to the Morlgagor to repay the amount in a shorter period.

(i)(b) In pursuance of the said Regulations and tin con­sideraition of the said advance sandttion<ed/paid by the­MORTGAGEE to ~he ,MORTGAGOR pursuant to th'e pro· visions contained in the said Regulations the MORT­GAGOR _ DOTH hereby covenant with the MORTGAGEE iM1at the Mortgagor shall always duly observe and per­form 'a1l1 the terms and cond'itJilons of the said Regulations and shall repay to the MORTGAGEE the s~ild advance of Rs. ... (Rupees ... only) !by •.• monthly instalments of Rs. ... from the pay 'Of the Morltgagor commetlJcing from the month of ... 19 ... or from the month following the completion 'of the house whichever is earllier, :tHl the date of his superannuation and the :balance ,tmen remaJinmg outstanding. on his su-perannuat~on together with the interest on the ,amount advanC'ed from the date of the advance to Ibhe' daJte of repaym'ent from his gratullJty / death-cum-retirement grawity and the M'Or1tgagor hereby authorises the M'Or1tgagee Ito make -deduo1;iions from h'i£ monthly pay /leave sa1·ary of Ithe amount of inStalments and f{.Jin his gratuity/death-cum-retirement gratuity or such 'Of the balan,ces remaining unp8Jid '(lit, the date 'Of Ms death/retirernent.(-superannu-altJron <a;s hereinbefore' men1:Jion­ed, fatting which the 'M'ortgagee shall be .entitled Ito enforce rthIis security of :the 'Mootg8Jge 'at 'any time !bhereafter and recover the 'ballance 'of the advance then . due toge'thlffi" with interest and costs 'Of :recovery by sale of the mort­gaged propelity 'Or ~1n 'Such other manner 'as may be per­m'iss'tble under ,the'- (law. It win, however -be open to 'the Mortgagor to repay Itfu.e amounrt: in a Shorter peI!iod.

Note:- (-Delete Clause (i)(-a) or (i) (b) whichever is in-appl'icable) .

(d!i) If the MORTGAGOR shaill1 utlill'ise the 'adv'ance for a purpose .other th-an that for which the advan:ce lis sanc­t1:oned 'Or !if ttfue 'MORTGAGOR shall !become in-sdlventt 'Or shal'! ·cease to be in -servfce for any reason other than normal retiremenlt, superannu'8ltlion 'Or Ijf he/she dLes before payment of the advance lin fun, or 1£ ·'bhe MORT­GAGOR sham ,fai:J. to 'Observe lOr perform any of lbhe terms, conditions and -sbipu!]:<litilons spectfiied lin I\:!he sa:i:d Regula­tions and 'On 'lrisjiher -patlt to be observed and 'performed then and '~n any such cases the whole of the pI'lincipa1 amount :of lthe advance 'Or so much thereof as shall .then rema:in due and unpaid -shail !become payable furthwith to the MORTGAGEE w1th interest thereon aJt * ... per cent per -annum lCaI1-culaJted from the date of ,the payment by the Mortgagee of .the foiT'St iinst'almen't of the sa'id ·advance.

Notwirthstanding .anytihing contained herein if t!he MorIt­gagor utill:i!ses the advance for a ,pUl'Ipose other than for Which ilhe advance lis sanctioned, !it shall be open to the Mor:tgagee Ito take su,cll _disciplinary actien ag~'iTI'st the Mortgagor 'as may be apPI'opri-ate under ibhe service Regu­lations appI.icable ito the M"ort.tgagor.

(tii:i) In further pursuance of the said Regutati!Ons and f'Or -the consideration aforesaid and to secure repayment 'of the aforesaid advance 'and dDlter:est as sh3tlll alt any time 'Or times hereinafter ',be due to the MORTGAGEE v.nder the >terms lOf 1Jhese presents \the MORTGAGOR doth hereby ~ant, convey, tran'Sifer, assign, and assure unto the MORTGAGElE all and SINGULAR the sMd MORT· GAGED property fully described in the schedule here­under wrliitten together Wi'th bU'Hdiings erected 'Or to be ereoted by the ,Momgagor on the sa:id Mortga:goo. plVperty 'Or maJte~ials for ibhe time -be!ing ,thereoo-n wIth 'all rights easements and 'aJppurtenances to the saJid mortgaged pro­peIity or any -of lbhem lbell!'Ongring TO HOLD the said mor.tgaged property wilth th'e'i:r 'appurten:ances, dn'clud-ing ,a:11 erecti'Ons -and building '6rected and :bu'i'lt or fbo be erected and bu1i]t her-e'afiter on the saJid mortgaged property or matetlials for the time :being thereon unto and :to the use of the Mortgagee 'absolutely forever free from a.lll encum­brances. SUBJECT NEVERTHELESS to /the proVis'O for redemption hereinafter contained PROV]DED ~WAYS AND 'it is 'here'by 'agreed and 'declared by and between the pa,ties hereto thrut 'if lbhe MORTGAGOR 'slra;U duly pay to the MORTGAGEE the said principaJl sum and interest 'hereby ,secured jn Ithe mann'er herein q>rovided and' 'also the o'tiher moneys (-if any) d'eterm~ned ,to be pay­able 'by the MORTGAGOR to the MORTGAGElE under :the terms .and 'condi~ti!ons of the saJid lRegu~ations then the MORTGAGEE win 'at any time thereafter /Upon the request and at the c'ost, 'Of the ,MORTGAGOR reconvey,

* Rate of interest to be fixed by the Board from time to time.

SERIES III No.6

r-etransfer and reassure Itbe -said lMorttga:ged prope:rty unto and to ltJhe use of the M-orltg-agor 'Or a:S he may direct.

('iv) AND IT 1S HEREBY EXlE1RESSLY AGRfIDElD .A:ND DECLAJRIDD /that lif the-ve shailil be any breach by the MORTGAGOR of the convenants on his/her part herein contruined or ;if IUhe IMOR'DGAGOR ,shall become liusOlvent or ,shaU oease to be in service for any reason other than rronnail ret:iremenJt/sU'pere.nnua.tion Or ILf he/she ,dli-es ,before all the dues payable to Itbe Mortgagee under these pre­sents :together wiJth interest thereon shaH have !been fully paJid off or !ilf :th'e sruid advance or any part t:!hereof becomes pay-ruble forth.wrth ,under Ithes'e presents or otherwise then and IJn any \Of \SUch ~ases lilt Shall} be .lawful for the MORT­GAGEE withoot 'in,te:rv>eIlJt~on of the 'oourft to senl the said Mortgaged -property or 'any part thereof ei1ther together ;or 'in parcels 'and €liither by public aUJclti'On or by private contrMt wiilth power to Ibuy in 'Or rescind any contract fer sale and to reseLl w1thOUlt being responlSilble for any loss which may be 'OccaSIoued thereby and rbo d'O 'and exe­cute all sUiCh 'acts and assurrances fior effectuating any suCh salle 'as the MORTGAGElE &.,1:1 Wink fit. AND rr IS HEREBY declared that tlle receipt of the MORT· GAGEE for the ,purchase money of the premises sold or any part ,ther.eof snaa effectually di:scharge tile -purchaser 'or purchasers Ibhe:refrom AND IT ]jS HEREBY declared that the MORTGAGEE 'Shall hold the moneys to arise ·from any sale in !pursuance of tthe aforesaid 1?Ower upon TRUST in the first place there'Out to pay all the expenses 'incurred on such 'SMe 'and then to .pay moneys 'in or .towards Ithe satlisfactton of !the moneys for the :time be'iug owing on the secur:Lty 'Of lthese presen1ts and the balance if any 'to be paid to the Mortgagor_

(v) THE ,MORTGAGOR hereby convenants with the MORTGAGEE as follows:-

(a) That the MORTGAGOR n'Ow hath in himself-herself good :rti.ght and lawful authorlity to g.rant, c'Onvey, itra:nsfer, assign and assUl'le Ithe MORTGAGED property unto and to 4Jhe use of the MORTGAGEE in manner aforesaid.

(b) That the M'Ortgagor shall carry out the constructi'On . of the house, addlL{;lions to living accomm'Odaltion in the aforesaJid house 'exactly in accordance with the approved plan and speoificatiioIllS on the basis of which the above advance has. been computed and sanctioned unless a departure therefr'Om is permitted lin wtrilbing by the Mortgagee. The MOl'!tgagor shall certify, when applying for linstalments of advance adtnJisslble 8Jt the pllinth/roof level, that the construction is being carri'ed out iin accor­dance with tillle pla.n and esbimates furnlished by liim to the MOr1tgagee, that the c'Onstruotion has reached plinth/ roof level and Ibhat the amount already drawn out of the sanctioned advance has actually been used on !the cons­truction of the house. He/she WliU all'Ow the Mortgagee to carry out either by ihJimself or through h-is representa­tive an inspeotion to vevify the cOm'ectness 'Of the afore­said ceTitli!f1icartes. If a false certi-f.icate ds furn~shed by the Mortgagor he/she wlll be Hable to pay to the Mortgagee forthwith tthe enttiiI'ie advance recffived by him/her together with linterest thereon at* ... per cent per annum and further will als'O be -Hable t'O appropriate disdiplinary ao:tJion as may be permissible under serVlice Regulati'Ons as applicable to the Mortgag'Or. ()

(c) That the Mortgagor shall complete the construction of the house/additrions to living accommodalQion in the aforesaid house within eighteen months 'Of + .'. unless an. extension of tame is allow-ed lin writing by Ithe Mortgagee. In case of default the MOIitgagor shall be liable to repay forthwith tfue entire amount advanoed to him together with !interest calculated under the said Regulations lin one lumpsum, The Mortgagor shall repont to the Mort­gagee the date of compleJtion of the house and furn'ish a ceruificate to the MOlltgagee that /the full am'Ount of the advance has been utilJised f'Or lthe purp-ose for which 'it was sanctioned.

Note: Clauses (b) and (c) are n'Ot applicable when the advance lis for the purchase of ready buHt house or for repaymen.t of loans taken by an applicant for the construcNon or purchase of a house.

(d) That the Mortgagor shall immediately inSure the house at his 'Own cost w1th the Due Insurance C'Orpora­tion of India f'Or a \Sum not less than .the amount of Ithe

'" Rate of interest to be fixed by the Board from time to time. + There mention the date on which the first instalment of the

advance is pail;'!; to the Mortgagor. '

10TH MAY, 1973 (VAISAKHA 20, 1895)

aforesaid advance and shall keep 'it so insured against loss or damage by fiore, flood and lightning as provided ~n the ;said Regulart:ions !till the advance is fully repaid to the Mol'tgagee and -depO'Sit the policy of linsurance witlh the Mortgagee. The Mortgagor -shall pay regularly the premium in respect of !the S8Jtd' insurance from .time to time and will when required pro,duce .to the MORTGAGEE the premium receipts for i..l1spect:ion. In /the event of the failure on the pant of the MORTGAGOR to effect the insurance aga-inst fi'!1e, flood and Lightning, it shan be lawful but not obligatory for /the MORTGAGEE to unsure the said house at ,the cost of !the MORTGAGOR and add the amount .of the premium Ito the outstanding amount of the advance and the MORTGAGOR shall thereon be liable to pay interest thereon as if the amount of the premium had been 8:dvanced to him as part of the ,aforesaid advance at .•• till il;he amounlt is repaid to the Mortgagee or is recovered as [if it were an amount covered by the !Security of these ,presents. The Mortgagor, shaill give a letter to the Mortgagee as ofiten as requ~red .addressed Ito the Insurer, with whlich the house is insured W!i.th a view to enable the Mortgagee fto notify to the Insurer the fact that the Mortgagee is 'intere&ted an the ~nsurance policy secured.

(e) That the Molitgagor shall maJintain the aforesadd house in good Il'epair at h1s own cost and shall pay all .the Municipal and dtller local rates, taxes and aU other o1.rtgojngs lin respect of the Mortgaged property regularly until the advance has been repaid to !the Mortgagee in tull. The Mortgagor shall also furnli.sh to the Mortgagee an annual centi1'icake to the above effect.

(f) The Mortgagor shall afford full facility to the Mortgagee for carrying out inspections after completion of /the house to ensure that it is maintained in good repruir unftil the advance has been repaid 'in full.

(g) The Mortgagor shall refund to the Mortgagee any amount togt?ther with. interest, ,if any, due thereon drawn on account of the advance in excess of '!lhe expenditure incurred, for whlich the advance was sanCltioned.

(h) The Mortgagor shall not during the continuance of these presents charge, encumber, al'ien or otherwise dispose of Ithe Mortgaged property.

0) Notwithstanding anything contaaned herein, the Montgagee 'shall be entiltled to recover the balance of advance wdth interest remaining unpa:id at the time of his retirement or deruth preceding retirement from the whole or any speciflie.d part of the gratuity that may be sanctioned to /the Mortgagor.

Schedule above referred to £

IN WITNESS WHEREOF THE MORTGAGOR has here­unto set htis hand and Shz,i .,. in the off!ice of ... for and on behalf of the Board Of Trustees of the Port of Mormugao has ... hereunto set his hand.

"

Signed by the said (Mortgagor) ... an the presence of ...

1st w.itness:

Address: Occupation:

2nd witness:

Address: Occupation:

Signed by .shri in the Of:f;ice of ... for and on behalf of the Board of Trustees of the Port Of Mormugao.

In the presence of:

1st Wlitness:

Address: Occupation:

2nd witness:

Address: Occupation:

£To be filled in by the Mortgagor.

69

FORM No. 3A

'Form of Mortgage Deed to be executed when t.he property is free hold and is held in the joint ilames

of husband and wife

(The Mormugao Port Employees (Grant of advances for building of houses) Regulations,

1973 Regulation 7(a»

This <indenture made this ... day of ... one thousand, nine huridred and ... between ... son/daughter of ... of .~. at present employed as ... in the office of ... at ... and .. , his/wifejher ,.husband (hereinafter joil'tly referred to as «The Mort­gagors» which expression shall unless excluded by or re­pugnant to the subject or context, include thelir ·respective heirs, executors, adm.in.iStrators and assigns) of the ONE PART and THE BOARD OF TRUSTEES (hereinafter called «THE BOARD» which ex:pres.sion shall unless excluded by or repugnant to rthe subject or context linclude his successors in office and assigns) of the OTHER PART:,

WHEREAS THE MORTGAGORS are the sole and abso­lute and sole beneficial own-ers and are seized and possessed of or otherwise well and suffiiciently entitled to the land and/ lor house hereditaments and premises hereinafter described in .the Schedule hereunder written and for greater clearness de1'ineated on the plan annexed hereto and thereon shown with the boundaries ·thereof coloured ... and expressed. to be hereby conveyed, transferred and assured (hereinafter referred to as dhe 'Said Mortgaged property»).

AND WHEREAS ... one of the mortgagors hereby re­ferred to as Applicant Mortgagor applied to the MORT­GAGED for an advance of Rs' .... (Rupees ... only) for the purpose of enabling ,the SAID APPLICANT MORTGAGOR.

* 1. to purchase 1aJDd and to construct a house thereon or.

*to enlarge living accommodation in the existing house on .the said hereditament:

*2. to purchase a ready built a:foresadd house/flat.

AND WHEREAS THE Mortgagee agreed to advance to the pl1.n.cipal Mortgagor the sa:id sum of Rs ... on certa'1n terms and conditions.

AND WHEREAS one of the conditions for .the aforesaid advance is that the Mortgagors should secure the repayment of the sai·d adlvance am.d due observance of all the terms and conditions contained :in the «Mormugao Port Employees (Grant of advances for building of houses) RegUlations,» (hereinafter referred to as the «said Regulations» which expression shall where the context so admits include any amendment thereof or addtt10n thereto for the toime being in force) by a mortgage of the property described in the Schedule hereunder written. AND WHEREAS THE MORTGAGEE

'l= (1. has sanctioned to the APPLICANT MORTGAGOR an advance of Rs .... (Rupees ... only) payable by such instal­ments and in the manner as hereinafter appeal'ing).

*(2. Has paid to the APPLICANT MORTGAGOR an advance of Rs .... (Rupees ... 'Only) on ... ) and 1n. the manner provided in the said Regulation'S upon haV'ing the repayment of the Iloan with interest and the observance of all the terms and conditions contmined in the saJid -Rlegulati"ons as herei­naf:ter mentioned secured in the mamner hereinafter appea­ring:

AND WHEREAS THE APPLICAJ.."'!T MORTGAGOR 'is to receive from the Mortgagee the atioresa'id advance lin the following instalments:-

"'Rs. already rece1ved on ... *Rs. ... .on the execution of lliis indenture 'by the Mortgagor's ~n favour of the Mortt­gagee.

** (Rs. ... when the construct-ion of ,the house reaches plinth level).

** (Rs .. ,. when the conStiruction of the house reaches Toof level, provli:ded the Mortgagee is satisfied that the development of \the -area in which the house is built is complete lin respect of amenities such as water supply, street lighting, roads, drainage and sewerage).

"Mention whatever is applicable. *'" Note - The language will be modified it the mode of payment is

different from what is prescribed in Regulation 7.

70

NOW THIS INDENTURE WITNESSETH as follows: -

,(i) (a) In pursuance of ithe said Regulations and in consideration of Ibhe 'said advance sanctioned/paid by the Mortgagee to the APPLICANT MORTGAGOR pursuant to the provl:slrons 'contaoined in the said Regulations the MORTG.A!GORS do hereby coven'an!t wDth tile MORTGA'GE'E tihait the MORTGAGORS shall always duly observe and perform a11l <the terms and oondiitJions of rtlhe saltd 1Regu~,a-: tions and shall repay to the MORTGAGEE 11;he said advance of Rs .... (Rupees ... only) by ~''''* .. , monthly illstalments of Rs .... (Rupees .. : only) from the pay of ftfue APPLI-CANT commencliing from itJhe ·monlth IQf ... nline.'been hundred and ... or from the month following the compleJtion of the house, whichever ijs ea:rlier, and the APPLICANT hereby aufu'ol'ise:s the Mortgagee 't'O m-ake deducbions from h!isjher monthly pay/leave salary jsubsi I8tence allowance of the amount of'such !instalments and !the APPLICANT MORT· GAGOR shall after paying the full amount of the advance also ,pay interest due .thereon in x- ... monthly instalments in the manner and on the terms specified in the said Regu~ lations provided that the APPLICANT Mortgagor shall re­pay the entire advance with interest in full before the date on which he/she is due to retire -from service, faming which the Mortgage shall be entitled to enforce this secl)rity of the Mor-tgag-e at any time thereafter and recover the balance of ;the advance then due together with dnterest and costs and reccvery by sale of, the mortgaged property or 'in such other manner as may be :permissible under the law. ]t vtJll, -hcwever, be open fto the APPLICANT Mcrtgagor tc repay Ithe amcunt in a shorter pelliod.

(Ii) (b) In pursuance of the said Regulaticns and iirn ,con· sideration of the said advance sanctioned/p~id by the MORTGAGEE .to the APPLICANT MORTGAGOR pur­suarnt to the proV1isions contailJJ.ed dn the sa;id Regulati'Ons the APPLICANT MOR~GAGOR [)OTH hereby covenant with the MORTGAGEE that the APPLICANT Mortgagor 'Shall always duly observe and pevform all the terms and conditions of :the said Regulations and shall repay to the MORTGAGEE the -said 'al(ivam:ce IOf Rs. ... from the pay of Itfu.:e ABPL]oANT MoI1t-g.agor commrencli;nrg from rth'e month 'Of ... 19 or from the mon!th foHowing the -comple­tion of the house whichever :is earlier, till :the date of bris superannuation and the balance then ,remai.ndJ:lg outstand­ing on hIS superannurubicm t'Oge'bher wliJ'th tlhe !interest on :the amount advanced from the date of the advance to the date of repayment fr.om his gratu,ity /death-cum--.reti­rement gl"artulfty rand lbhe AJPPLICANT M-ol1tgagor he­reby, au:thor:i!ses the Mcrtgagee to make deduotions firom blilS IDQIlthly payfl-eave sa-lary}subSistence allrowance rof the am'ount of instalments and from his gratuity jdeBl'th-cum­-retirement gratuity of such of the balances remaining un­pa:id at the date 'Of his death/retkemen'tj-superamnuaticn as hereinfore mentioned, failing which Ithe Mortgagee sh-all be entitled .to ,enfcrce :this secuDity of the Mortgage at any time thereafiter and reccver the balance of the advance then due tcgether with tinterest and costs _ of recovery by sale of the mortgaged prcpevty or in such other manI\.er as ,be perlil.1sSlible under Itlhe flaw. ]t w'dU, !.hlOwever, be open to the APPLICANT Mortgagor to repay the amount lin a shorter pel'iod.

Note: - (Delete Clause (Ii) or (i)(b) whichever:is inapptl­cable).

un If the APPLICANT MORTGAGOR shall utllise the advance for a purpcse other ,tilran It;haJt for W1hich the ad­vance is sancti'cned or lif 'the APPLICANT MORTGAGOR shall become insolvent or shall cease to- 'be in service for any reason 'Other than normal retirement, superannuation or ,if he/she dies ,before repayment of the advance in full, or if the APPLICANT MORTGAGOR -shall fail Ito 'Observe or perform ~ny 'Of the terms, conditions and stdpulatJions specified in .the said Regulation and 'on his/her part to be 'Observed rall'd perfurm'oo !then and !in any such cases the whole of the principal amount 'Of the advance or so much thereof as shall then remam due and unpaid shall become :payable forthwJ1bh ito 1t!he,MORTGAGEE wtilfu IblIterest thereon at* ... ,per cent per annum calculated fmm the date of the payment .by the MORTGA:GEE of the fdrst rinstalment 'Of :the said advance. Notwithstanding anythin.g corutainoo rJl'el'6in, tif tbhe 1P1'Iinclipa:1 Momga;gor Ur'tlilJises the advance fur a purpose other than :that fcr which the advance ,is sanotioned, it -shall be open to the Mortgagee

*** This will not be more than 180. x - This will not be more than 60. *R'ate of interest to be fixed by the Board from time to time.

SERIES III No.6

to take such disciplinary action agaJinst the APPLICANT Mortgagor as may be appropriate under the Regulations 'Of service applicable to the P.rtincipa:l Mortgagor.

(iii) In further pursuance -of :the said Regul3Itions and for the consideration aforesaid and to secure ,repayment of the aforesaid advance and interest as shall at any time or times hereinafter be due to the MORTGAGEE under the terms of these presents the MORTGAGORS do hereby grant, conv:ey, transfer, assign and assure unto the MORT­GAGEE ALL lAND SIlNGULAlR I\frle saJid ~1Jort.gaged pro­penty fully descr-tibed in the lSchedule hereunder written together with buildings erected or to be erected by the MORTGAGORS on Ithe said Mortgaged property 'or, mate~ rials for the time being thereon w,ith a:ll l1igbts, easements and appurtenances to the said Mortgaged property rOr any of them belonging to HOLD the said Mortgaged propel'ty With their appurtenance's including all erections and build­ings 'erected I3Jnd lburirlt'i01' Itc be lel'leclte'd land huWIlt hereafter 'On the satd Mol'ltgaged property 101' m,mt-er.i[a1-s for ,thi€ tdme being thereon unto and ;to the use -of the mortgagee absolu~ tely [1-or evler free from 'aJ1Jl enoumbranCe'S. SUBJECT NEVERTHELESS .to the -prov,isc for redempbion here.:nafter contained NAMELY that 1f the MORTGAGORS shall, duly pay to the MORTGAGEE the sruin principal sum an interest hereby 'Secured in. the manner here'in provrided and aJso the oth,€!r mOneys (if :any) dffi;-ermillled to be payable by the MORTGAGORiS to the MORTGAGEE under the terms and condtttons of the S3Jfd'ReguIaJtions, then the MORTGA­GEE will at any time thereafrter- upcn the request and at the cost 'Of the MORTGAGORS reconvey, retransfer and _reassure- the said Movtgaged property unto and to the use

, of ,the MORTGAGORS or as they may direct.

(Iv) AND >IT IS HEREBY EXPRESSLY AGREED AND DECLARED that ,if there shall be any breach by the MORTGAGORJS 'Of the covenants on their patit herein con­'bained or if the APPLICANT MORTGAGOR shall become ;insolvent 'Or shall cease :to be in service for any reason other than normal retirement/superannuaJtion or if he/she dies before all the dues payable to :tbiEl Mortgagee under :these presents together with interest Ithereon rshall have been fully paid off 'Or if" -the saJid advance or any part thereof beccmes payable forthwUh under these presents 'Or othelWise the and ,in any 'Of -such cases it shall be lawful for the MORTGAGEE without antervention -of the Ccurt, to sell the said Mortga.ged property or any part: fuerecf either tcgether or 'in parcels and either by public auction \0-1" by pm'Vtate oontbmct w.iJt'h power to buy !in or rescind any contl'act for sale and to resell without being Tesponsi:ble 'for any loss whl:oh may he oOOIDSiion:ed !thereby I3.D.d Ito do and execute aB. such acts and assurances for effectuating any such sale as the MORTGAGEE shall think fit AND IT IS HEREBY declared that fthe receipt of the MORTGAGEE for the purchase money 'Of the premi'ses sold or any part thereof shall effectually -discharge the purchaser or pur­chasers therefrom AND IT IS HEREBY declared tha;t the MORTGAGEE shall hold the m'Oneys to arise from any sale in pursuance of the af-oresaid power upon TRUST in the :ffirst place thereout to pay all the expenses incurred ,on such sale and then to pay mcneys in or towards the satisflacbicn of the moneys for the time being 'Owing on :the S'ecurity of ' these presents and the balance if any to be paJid to rthe Mcrtgagors.

(v) The MOR'DGAGORS hereby covenant with the MORTGA!GEE as fdllow-s:

(a) Th'~t the MORTGAGORS n.ow 'have in r't!hemselves good I1ig,hlt 'and rlawful raJUlth:oriLty ~ gmant, 'convey l' trarrrsfer. assign an:d ,assure the ,MOR'DGAGED !pro:pe'llty unto and to ,th~ use of the -'MORTGAGEE in mtanner .afloresali.d.

(b) That the APPLICANT MORTGAGOR shall carry 'Out the construction of the house/'add1i-tions to 'living -acco­mrucda:tli:on dn the 'afiovesaid blouse !exaotly ill accordance with the approved plan and specification'S on the basis of which the above adv'ance has been computed -and sanc­tioned unless a departure therefrom is permitted by the Mortgag-ee. The APPLICANT Mcrtgagor shall certify when applying for instalments of advance admissible at the pl11nth/roof l'evel, tha.lt the construction is being car­ried out 'in accordance with the plan and estimates fur­nished by hrim to the Mortgagee, thatt the corustruction has reached plinth/rroof level and that th-e amount already drawn cut of the 'sanct£i.oned adv'allce has aotually been used on the construction of the house. He/she will allow the Mortgagee tc carry out either by h,imse1f ,or .through/ fhi..:; representative an inspection to verify the correct­ness of the afcresa!id cemficates.

( ..... y,

10TH MAY, 1973 (VAISAKHA 20, 1895)

If a false certiflicate is furnished by Ithe APPLICANT Mort~agor, h'C/lShe wlm be Hable to pay to the Mortgagee for,thwith the entire advance 'recelived by him/her toget­her with -interest thereon at ... "'per cent per annum and further wi'll also be lliable ito appropriate disc1pl'inary ac­tion under the Regulation of service applicable to the APPLICANT Mortgagor.

(c) Tlrat ItJhe APPLlOAINT 'Molitgagor Shaail complete the construction of the house/additions .to living accom­modation in the aforesaid house within eighteen months of "~* ... unless an extension of time is allowed in writing by the Mortgagee. In case of default the Principal Mort­gagor shall be liable to repay forthwith the entire amount advanced to him together with interest calcu­lated under the said Regulations in one lump sum. The A1PPLICANT Mw,tgagor sha1l :r:eport to tile Mortgagee the date of completion of the house and furnish a cer­tificate to the Mortgagee that the full amount of the advan'ce has -been -utlHised for 'the puvpose for which Lt was sanctioned.

Note: Clauses (b) and (c) are not applicable when the advance is for the purchase of ready built house/flats or for repayment or loans taken by an applicant for ,the .c:on\9tru~tli'On 'Or purchase of a house/fiat.

(d) That the Mortgagors shall immediately insure the house at their own cost, with the Life Insurance Corporation of India, for a -sum not ness than the amount

,of the aforesaid advance and shall keep it so insured agaJinst loss or damage by flire, fl'ood and lightning as provided in the said Regulations till the advance is fully repaid to the Mortgagee and deposit, the policy of insu­rance with the Mortgagee. The Mortgagors shall pay regularly the premium in respect of the said insurance from time to time and will wh~n required produce to the MORTGAGEE the premium receipts for inspection. In the event of failure on the part of the MORTGAGORS to effect the insurance against fire, flood and lightning, it shan be lawfu(l but not obNgatory for the MORTGAGEE to insure the said house at the cost of the MORTGAGORS and add the amount of the premium to the outstanding amount of the advance and the APPLICANT MORT­GAGOR snalillthereupon ,be :J!Ia!bUe to pay !interest whereon as if the amount of the premium had been advanced to him as part of the aforesaid advance at ... till the amount is repaid to the MORTGAGEE OR is recovered as if it were an amount covered by the security of these pre­sents. The MORTGAGORS shall give a letter to the MJO'l'Ibgagee as lO:6ben as reJqurilred, add:re:ssed ,to Ithe lnsurer, with which the house is insured with a view to enable the Moritgagee to notify to the Insurer the fact that the MOlltgagee .its &nrt:eresUed m Itrh'e insurance po1Ji'Cy secured.

(e) That the M'Ortgagors shall maintain the aforesaid house in good repair at their own c'Ost and shall pay all the Municipal and other l'Ocal rates, taxes and all other outgOOngs tin re:spect ,'Of ;t!he monbgaged Iproperty .:regularly untUJ1 tt!he 8!dvance th.as been Tep~d to lthe M'ortgagee in fuN. The !MiOl'ltg;ag:o:rs IShalJl aIlso :£urnJish to tile Morrt:gagee an 'annual! ,c:ertll!fllC'aite !bo the above effeot.

"

(1') 'Dlre /Morbgagors shall 'afflord full f1aCiilliilty to the Mkmtgagee fur .caU'ryllng lOut linspections 'after comPletli'On 'of ,tm:e l1!ouse to 'ensure ltJhaJt lilt !its malinrbained iln good repaiT until the advance has been repaid in full.

(g) The AlPPLICAlNT MORTGAlGORslta;J] refund to the M'Ortgagee any amount t'Ogether with interest, if any, due there'On drawn on account 'Of the advance in excess of the expenditure incurred, for which the advance was sanctioned.

(h) That the Mortgag'Ors shall not dUrIng the con­tinuance of these presents charge, encumber, alien or 'Otherwise dispose, of the Mo:rtgaged pr'Operty.

(1) Nothwithstanding anytth'ing c'OntaJined herein, the Moritgagee shall be entitled t'O lI'ec'Over the balance of the advance with interest remaining unpaid at the time 'Of the retirement 'Or dealth preceding ,retil'lement 'Of the APPLI­CANT MORTGAGOR from the Wh'Ole or any specified part 'Of the gratuity/deatll:-cum-retirement gratuity that may be sanctioned to him.

* Rate of interest to be fixed by the Board from time to time.

$* Here mention the date on which the first instalment of the advance is paid to the PrinCipal Mortgagor.

%

71

SCHEDULE ABOVE REFERRED TO*

1N ~TNESS WHEREOF THE MORTGAGORS HAVE hereunto set \their hands'

TillS DAY MONTH & YEAR FIRST ABOVE REFERRED SIGNED BY THE MORTGAGORS

in the presence of

1st witness: Address: OCcupajtion:

2nd w.i:tness: Ad'dress: Occuprubi'On:

FOR ~TNESS THERE OF SHRI ... ill the Office of ... for and on behal 'Of and by 'Order and directi'On of the B'Oard of Trustees haJS signed this present in the presence 'Of

Signed by Shri .. ' on

1st witness: Address: Occup3Jui'On:

2nd witness: Address: Occupruuion:

FORM NO.4

Form of "Mortgage Deed to be executed when the property i~ lease hold

(Mermugao Port' Empl'Oyees (Grant 'Of Advances fer build~ ing of houses) Regulati'Ons, 1973 Regulati'On 7(a»

This indenture made this ... day 'Of ... one thousand nine hundred and ... between ... sen 'Of .. , 'Of ... at present employed as ... an the Of,fiice 'Of .. , at ... (herei.nafter c'alled "THE MORTGAGOR" wh'ich expressien shall unLess excluded by 'Or repugnant :te the subject or centeXlt include his/her heirs, executol'lS, adm!inJistraters and assigns) 'Of the ONE PART an-d Board of Trustees ,(hereinaflter caUed "THE MORT~ GAGEE" which expression shan unl'ess excluded by or repugnant to the subject Or context include his successers in office and assigns) of the OTHER PART.

WHEREAS by a l'ease dated ... and made b€'itween ... the Lessor demised to the Mortgagor ,the property situated at ... and move paI1bicularly described in the Schedule hereunder wr.itten fer a term 'Of .. , years commencing firom ... the yearly /m'Onthly rent Rs .... and subject t'O the performance and 'Observance of Ithe cevenants and cond-itiens therein mentiened.

AND WHEREAS THE MORTGAGOR applLed MORTGAGEE for an advance of Rs. ... (Rupees f'Or the purpese of enabling vhe MORTGAGOR.

to the only)

*1. ito purchase land md* te construct a house thereon or *(te enlarge lliving accommodatien ;in the existing house on the'said hel'le"Cliiltaments).

*2. te contruot. a h'Ouse 'Or *(te enlarge living accemmoda­tion in the ex.isbing heuse on the sa'id heredlitaments).

"'3. te purchase a ready builit aforesa:id house.

AND WHEREAS the Mortgag.ee agreed to advance Ito the Mortgager the said sum of Rs .... on certain terms and c'Ondi­tiollS.

A;ND WHEREAS one of the condiJtiens fer the aforesaid' advance lis ,that Ithe Mortgagor sho1Jld secure the repayment of the sruid advance and due observance 'Of all the rterms and conditions cOnitaJined lin the Monnuga:o Port Employees (Grant of Advances for bui1cHng houses) RegulaVions, (here­inafiter referred t'O as the "said Regulrutions" wh'i-ch 'expr:essi'On shall, where the c'Ontext so admits include any amendment thereef or addiilti.on therete for the time being :jn force) by a mortgag,e of the preperty described !in the schedule here­under writiten.

·To be filled in by the Mortgagors.

" Mention whatever is applicable.

72

AND WHEREAS THE MORTGAGEE

*(1. has sanctioned to the MORTGAGOR an advance of Rs .... (lRlUpees ... on~.y) payable by such tlnstaam'ents and ;j,n

the malIlIler as hereiinatter appeal1ing.

* (2. has paid to the MORTGAGOR an advance of Rs .... (Rupees ... -only) on ... ) 'and ~n the manner .provided ~n tbhe said Regulations upon havring th'e repayment of the loan with interest and observance of all the It'erms and conditions con­tained !in tile saJid Regulations as hereinafter mentioned secured in the manner hereinafter appearing.

AND WHEREAS THE MORTGAGOR is to receive from the Mortgagee the aforeSaJid advance in the follow1ng 'instal­ments:

(** Rs .... alTeady reoeived on ... * Rs. _ ... on the -execution of this indenture by the Mortgagor in favour of the Mort­gagee.

**R'S .... when the construction of ithe House reaches plinth leveL

**Rs. when the constTuction of ,the house reaches roof level, provrded the Mortgagee tis S8J'tiisi1ied tha~ the develop­ment of the area ~n which the house tis bUlilt lIS comp~ete In respect of amenitlires such as w3lter supply, street 'J..ighbing, roads, drainage and 'Sewerage).

NOW THIS INDENTURE WITNESSETH as toUows.-

(d) (a) In pursuance of the sa!id 'lRiegulabions and in con­sideration of the said advance sanotlioned/paiid by the Mort­gagee to the Mortgagor pursuant to the proVli'Si-ons con­itaJined in the said Regulations the MORTGAGOR DOTH hereby 'covenant With the MORTGAGEE that the Mort­gagor shall always duly observe and perform all the 'terms and conditions of the said Reguladons and shall repay to the MOR'".DGAGEE the said advance of Rs .... (Rupees ... only) by * ... ("'Th1is will not be more than 180) monthly -instalmen:ts .of R'S ... , (Rupees ... only) from the pay of "the Mortgagor commencirng from the month of ... Nineteen hundred and ... or from the month fullowr1ng cempletion of th,e house, whichever is earNer and the Melitgager he­reby authorises the Mortgagee to make deduction from his monlthly pay floove gailary /sulbsirsbence aTl!owance 'Of the amount of such instalments and the M'Ortgagor shalll after paying the full amount of the advance .also pay interest due thereon in *'*... (* *This will n'Ot be more than 60) monthly installrnents in the . manner· an'd on the terms spe­oiflied in the said Regulation'S. Provided that the Mortgagor ,shaU repay the entire advance Wlith interest in fum before the date on which he/sh'e (is due ,to retire from service, faJiliing which the Mortgagee shall be- entitled !bo 'ec1force tMs secul'~ty of the Mortgagee at any time thereafter and recover the balance of the advance then due together with interest ·and costs of recovery by sale of the mortgaged property !Or lim 'Such other manner as may be permissible under the law. It will, however, be open to the Mortgagor to repay th~ ameunt !in a shorter period.

(!.i)(b) In pursuance of the said Regulations 8ind rin c'onsi­deration of the said advance sanobi'Oned/padd by the MORT­GAGEE to the MORTGAGOR pursuant to provisions con­

'taAned in the said Regu~ations the MORTGAGOR DOTH hereby covenant with the MOR'lUAtGEE that the Mort­gagor shall always duly observe and perfDrm all the terms 'and conditions of the said Regulations and shall repay te the MORTGAGEE Ithe saJid advance of Rs. ... (Rupees ... only) by, .. menthly !installments rof Rs .. ,. frem the pay of the Mortgagor commenciJng from the month of.. :19 ... , or from the month foUowing the completion of the house whi­chever is earlier, till thre date of hi'S superannuation and the balance then remaining outstanding on hlis superannuation together with the !interest on the amount advanced from the o.a;te 'Of the a:dva.nce to the date of repayment frem his gratuity/dea;th-'cum-retirement gratuity and the :rvlertgagor hereby authonises <the Mortgagee to make deductions frem

.hiis monthly pay/leave salary/subsistence 'a1lowance of ;the amount .of such instalments arnd from his gratUlity/death­-cum-re'tiirement gratuity of such of -the balances rema1ining unpaid at th'e date of his death retirement/superannuabion as hereinbefore mentioned, faJilring which the Mortgagee sha!ll be enUtled to enforce this security of the Mortgagee at any time thereafter and recover the balance '0f the ad­vance then due together with interest and costs of reco-

·Mention whatever is applicable.

-n Note: - The language will be modified if the mode of payment of advance is different from what is prescribed in Reg. 7.

SERIES III No.6

very by sale of the mOlltgaged property 'Or in such other manner as may be permissibl'e under the Ilaw. It will, how­ever, be open t'0 the Mortgagor to repa.y the amount in a shorter peIliod.

Note: (Delete clause (i) (a) or (i)(b) whichever is inappli­cable).

(ii) If the MORTGAGOR shall utilise the advancC' for a purpose other than that for which the adv·ance Us sanc­tioned, or if the MORTGAGOR shall become insolvent or shall cease to be in service for any reason other than normal retirement/superannuation or if he/she dies before payment of the advance in full, or if the MORTGAGOR s~all faU to observe or perform any of the terms, condi­tIons and stipulations specified in the said Regulations and on his/her part to be observed and performed then and in any such case the whole of the principal amount of the advance or so much thereof as shall then remain due and unpaid shall become payable ,forthwith to the MORT­GAGEE with tnterest the:r:eof at '" .,. per cent per annum calculated from the date of the payment by the MORT­GAGEE of the first instabnent of the said advance. Not­withstanding anything contained herein, if the Mortgagor utilise the advance fur a purpO'Se other than that for which the advance is sanctioned, it shall be open to the Mort­gagee to take such disciplinary action against the mort­gager as may be appropriate under the Regulations of service applicable to the Mortgagor.

(dill) In further pursuance of ·the sa'id Regulaiuons and for the consideration aforesaid and to secure repayment of the aforesaid advance and interest as shall at any time or times hereinafter be due to the Mortgagee under the terms of these presents the Mortgagor Doth hereby grant, convey, transfer or assure unto the Mortgagee. ALL AND SINGULAR the said property comprised in said Lease, dated ... amd more parti'Cular descrJbed in the ,Schedule hereunder written together with buildings erected or to be erected by the Mortgagor on the said property (herein­after referred to as the Mortgaged property) or materials for the time being thereon with all rights, easements and appurtenances to the said mortgaged property or any of them belonging subject to covenants by the lessee and to the conditions therelin contaliued to HOLD the same unto the Mortgagee absolutely but subject to the terms and cove­nants of the sa'i:d lease and subject nevertheless to the _pre­vise fer redemption hereinafter contained PROVIDED ALWAYS AND it is hereby agreed and declared by and between the parties hereto that if the MORTGAGOR shall duly pay to the MORTGAGEE the said principal Sum and interest hereby secured in the _manner herein provided and also the other moneys (df any) determined to be payable by the MORTGAGOR to the MORTGAGEE under the terms and cond~tions of the said Regulations, then the Mortgagee will at any time thereafter upon the request and at the cost of the MORTGAGOR reconvey, retransfer and reassure the said Mortgaged property unto and to the use of the Mortgagor or as he may direct.

(iv) AND IT IS HEREBY EXPRESSLY AGREED A>ND DECLAREID that if there shall be any breach by the MORT­GAGOR of the .covemanlts on hris/her part herein contained or iif the MORTGAGOR shall become i£nsolvent or shall cease to be in service for any rea'Son other than normal retirement/ /superannuation or if he/she dies before all the dues payable to the Mortgagee under these presents together with 'in­terest thereon shall have been fu!J.ly paid off or 'if the sa'fd advance or any part thereef becomes payable forthwith under these presents or otherwise then and in any of such cases fit shall be ~_ful for ;t!le (MORTGAGEE TO S'ELL without the intervention of the court, the said Mortgaged property or any part thereof either together or in parcels and elirt:her by publ1c l8iU,otil()n or :by private contract wilth power to buy in or rescind any cqntract fer sale and to resell without being respensible for any loss which may be .occasioned thereby and to do and execute all such acts and assurances fer effectuating any such sale as the MORT­GAGEE shall think fit and IT IS HEREBY declared that the recelpt of the MORTGAGEE for the purchase- money of the premises sold or any part -thereef shall effectually discharge the' purchaser or purchasers therefrem AND IT IS HEREBY declared that the MORTGAGEE shall hold the mpneys to arise from any sale in pursuance .of the afe­resaid power UPON 'mUST iin _ rt:he first place thereout

.. Rate of interest to be fixed by the Board from time to time

• •

j

10TH MAY, 1973 (VAISAKHA 20, 1895)

to pay all the expenses incurred on such sale ** (and in the next place to pay to ... the lessor of the Mortgaged property ... 50% per cent of the unearned increase pur­suant to clause ... of the said lease) and then to pay money in or towards the satisfaction of the moneys for the time being owing on the security of these presents and the balance if any to be paid to the Mortgagor.

(v) THE MORTGAGOR hereby covenants with the MORTGAGEE as follows:-

(3.) That the Mortgagor now hath in himself/herself good right and lawful authority to grant, convey, trans­fer, assign and assure the MORTGAGED PROPERTY unto and to the use of the MORTGAGEE in manner aforesaid.

** (b) That the Mortgago"r shall carry out the cons­truction of the house/additions ,to lhtllng accommodation in the aforesaid house exactly in accordance with the approved plan and specifications on the basis of which the above advance has been computed and sanctioned unless a departure therefrom is permitted by the Mort­gagee. The Mortgagor shall certify, when applying for instalments of advance admissible at the plinth/roof level, that the construction is being carried out in accor­dance with the plan and estimates furnished by him to 11fu.e :Mm'tgagee Ithat the consbrudtlion has reached pHinth/ /roof level and that the amount already drawn out of the sanctioned advance has actually been used on the construction of the house. He/she will allow the Mort­gagee to carry out either by himself, or through his re­presentative an mspe.ot!i'on ,to ve:r1ify, ithe :Correctness -of the' aforesaid certificates. If a false certificate is fur­nished by the Mortgagor, he/she will be liable to pay to the Mortgagee forthwith the entire advance received by her/him together with interest threon at * ... per cent per annum and further will also be liable to appropriate disci­plinary action under the regulrutions of servlice 'applicable to the Mortgagor.

**(c) That the Mortgagor shall complete the const­ruction of the house/addfVions -to Illiving accommodation lin the aforesaid house withii-n eighteen months of *** ... unless an extensi'on of time 'i'S allowed ::in writing by the Mortgagee. In case· of 'default the Mort.gagor shall be liable to repay forthwith the en1'ire amount ad.vanced to hrim t'ogether with <interest calcularted und-er the sa!id Re­gulations, in one lump sum.' The Mortgagor shall report to -the Mortgagee the date of complet<i.on of the house and furn\ish a certif.icate to the Mortgagee that the full amo­unt of the advance has been utilised for the purpose for which it was .ga.D.ctioned.

(d) That ,the MORTGAGOR ,SHALL limmediately in­'Sure the house at his own cost, Wlith the lJife Insurance Corpol'ati'on of In'dia for a sum not less than the amount of the afores3.!id advance -and shal'l keep lit 'so insured against loss or damage by fire, flood and lightnring as proV1ided in the sartd Regulations !tilil the advance is fully repaid to the Mortgagee attd deposit ,the policy of ·insu­rance with the Mortgagee. The Mortgagor shall pay regu­larly the prem<i.um "i'p. respect of the 'Said insurance from time to time and will when required produce to the MORTGAGEE the premium receipts for inspection. In the event of failure on the part of the MORTGAGOR to effect the insurance against fire, flood and Ughtnr.i.ng 'it shall be lawful b.ut not obligatory for the MORTGAGEE to insure the said house at the cost of ,the MORTGAGOR and add the amount of the premium to the outstanding amount of the a:dvance and the MORTGAGOR shall the­reupon be Hable to pay ifnterest thereon a'S if the amount of the premium had been advanced ,to him as part of the aforesatd ad'V'ance at ... NIl >the amount 1s repaid to the Mortgagee or is ~overed as r.i.f it were an amount cove­red by the security of these presents. The Mortgagor. shaa give a letter to the Mortgagee ·as 'Often as required addressed to the Insurer, with which the house is insured w1th a view to enaNe the Mortgagee to notify to the In­surer the fact that the Mortgagee is ~nterested in t.he insuranCe pol<icy secured.

(e) That the Mortgagor shaH maintain the aforesaid house in good repaJir at h'is own cost and shall pay all the Mun-ieipal and other local rates, taxes and all other outgoings lin respect of ,the mortgaged property regu-

*Normal rate of interest to be charged under the Regulations. *" Note: - Clauses (b) and (c) are not applicable when the advance

is for the purchase of ready built hOUSe. ,.,,· ... Here mention the date on which the first instalment of the

advance is paid to the Mortgagor.

73

laxly unbi"l the advance has been repaid to the Mortgagee in full. The Mortgagor shall also furnish to ,the Mortgagee an annual certificate to the above ~effect.

(f) The Mortgagor shall afford full faciHty;to the Mort­gagee for carry.ing out inspections after completion of the house to ensure that ,it i'S maJintained in good repair unuil the advance has been repaid in full.

(g) The Mortgagor shaH refund to the Mortgagee any amount together with interest, 'if any, due thereon drawn on account of the advance in excess of the expenditure incurred, for w~tch ,the a:dvance was sanctioned.

(h) That the sarid Lease, dated ... is now valid and subSisting lease of the said Mortgaged property and are lin no wise void or 'V'()idllibl~ ·and Ithe rents and the ~ve­nants and conditions in and 'by the indenture of Lease reserved have been paid, performed and observed upto the date of these presents and that the same is assignable in the manner hereinbefore stated.

(Ii) That the MORTGAGOR WILL so long as any money shall remain OWing on secur1ty of the said Mort­gaged property hereJinbefore oexpreS'Sed to be hereby as­signed and in any case for the period of the sa'ld agree­ment, duly observe all the covenants by the Lease and condiUons contained 'in the sa;id Indenture of lease refer­red to in the Schedule hereunder written an'd keep the Mortgagee lindemnified agaJinst all ao'bions, suits, pro­ceedings, costs, charges, clwims <and demands which will be incurred or sustaiLned by reason of the non pay­ment of the sa'id rent or the breach, non-performance or non-observance of the saJid covenants and conditions or any of them.

(j) That t.he Mortgagor shall not during the conUnu­anC'-e of these presents charge, encumber, a~ien or other­wise dispose of the Mortgaged property.

(k) lNotwithstanding anything .contamed herein, the Mortgagee shall be entJitled to recover the balance of the 8Jd.vance with ~nterest remaining unpa1id at the time of his retirement or death preceding retirement from ,the while or any speoiflied part of the gratUity that may be sanctioned ,to the Mortgagor.

SCHEDULE ABOVE REFERRED TO'

IN WITNESS WHEREOF THE MORTGAGOR has here­unto set hris hand and Shri ... in the Office 'Of ... for an:d on behalf of the Board of Trustees has hereunto set bis hand.

Signed by the said (Mortgagor)

In the· presence of

1st wUuess: Address: Occupation:

2nd Wlitness Address: Occupation:

:Signed by Shri in the Office of ... for and on behalf and by order ·and direction of ,the Board of Trustees in the presence of ...

1st wiltness: Address: Occupation:

2nd witness: Address: Occupation:

FORM No. 4A

Form of Mortgage Deed to be execut-e<l when the property is lease hold aml is heid in the joint names

of husband and wife

(Mormugao Port Employees (Grant of advances for building of houses). Regulations 1973. Regulation 7(a»

This ind.enture made this ... day of ..• one thousand n:ine hundred and ... between ... son of ... of ... at present employed as ... in the Office of ... at ... and ... his wife/her husband (hereinafter joinltly refierred to as "THE MORTGAGORS" whi?h expression Shall unless .excluded by or repugmant to the subJe'Clt or con-texlt lin·clude their ,respe:ctive heim, executors,

*To be filled in by the Mortgagor •.

74

admlinistrators and assigns) of the ONE PART A.J.~D THE BOARD OF TRUSTEES (hereinafter called "THE MORT­GAGEE" which expression ~hall unless excluded by or repugnanlt to the subject or context include his successors 'in office ·and assigns) of the OTHER PART.

WHEREAS by a lease dated ... and made betw-een ... the Lessor delllJised ito the Mortgagors ithe property siltuate'd at ... and more particularly described in the Sche'dule hereunder written for a term of ... ' y.ears commending from ... at the yearly/monthly rent of Rs .... and subject to the performance and observance ,of rthe covenants and oondliltJions til:erein mentioned.. "

AND WHEREAS one of· the MORTGAGORS ... (herein­after referred to as the APPLICANT MORTGAGOR) applied to the MORTGAGEE for an advance of Rs. ... (Rupees ... only) for the purpose of en'abJ!ing Jth'e said aJPPlic:ant MORT­GAGOR.

*1. Ibo ,purchase 1'aIl:d and to constru:ct a house t!hereon or * (to enlarge living accommodatdon in :the existing (house on the said hereditaments).

*2. to construct a house on the said hered~taments or * (to enlarge living accommodation in ;the house on the said here­ditamenJts) .

*3. to purchase a ready built aforesaid house/flat.

AND WHEREAS the Mortgagee agreed to advance to the applicant Movtgagor the said sum of Rs .... on certain tenus and conditions.

AND WHEREAS one of the conditions for !the aJforesaid advance is that Ithe Mortgagors should secure the repayment of the said advance and due observance of all the terms and condrf:bions contalined \i.n. the Mormug~o Port Employees (Grant of advance for buildings of houses) Regulations, 1973 (hereinaflter ·refen-ed to as the '\Said regulaJtions' which expres­sion shall where the conteXlt 80 admits include any amend­ment thereof or addition thereto for iihe ,time being 1n force) by a mortgage of the property described 'in the schedule hereunder written.

AND WHEREAS THE MORTGAGEE

"[1. has sanctioned .to the APPLICANT MORTGAGOR an advance of Rs .... (Rupees ... only) payable by such instal­ments and in the manner as hereinafter appearing].

*(2. has paid to the APPLICANT MORTGAGOR an ad­vance of Rs. ... (Rupees ... only) on ... ) and in the manner provided ~n the sruid Regulations upon having .the repayment of the loan with interest and observance of all the terms and condlittions contained in !the said Regulations as here:inafter menltlioned secured in the manner hereinafter appearing;)

AND WHEREAS THE APPLICANT MORTGAGOR is to reCe1V1e frem the Mortgagee the aforesruid advance in the following inS1t~lments:-.,

(**Rs .... already received on ... *Rs .... on the execution of t11:is dndenture by the Mortgagors dn favour of the Mort­gagee.

*Rs .... when the construotion of the house reaches plinth level.

**R.s .... when the construction of the houses reaches roof level, proViided the Mor-tgag,ee is satisfied that the develop­ment of the area in which the house is built ds complete in respect of amenities such as water supply, street Lighting, roads, drainage and sewerage.)

*** [AND WHEREAS the lessor of the said premises has given ~s approval for the mortgage on the condit~ion -that if the property be sold under the Power herein contained, or otherwise he will be paid lilirst, after /the cost of such sale, hlis share of the unearned !increase as provdded in the said lei'se.)

NOW THIS INDENTURE WITNESSETH as !olww8:­

(Ii) (a) In pursuance of the said Regulations and dn consi­deration 'Of the said advance sanctioned/paid by the MORT­GAGEE to the APPLICANT MORTGAGOR pursuant to the

'" Mention whatever is applicable. "*" Note: - The language will be modified if the mode of payment

of advance is different from what is prescribed in Reg. 7. '""*" Note: - This applies to Nazul lands (normally) to be inserted

. wherever applicable.

SERIES III No.6

proVisions contained in the salid Regulations the MORTGA­GORS DO hereby covenant with the MORTGAGEE that the Mortgagors shan always duly observe -and perform an the tenus and conditions of the said RegulaA1ions and shall repay to the MORTGAGEE the said advance of Rs .... (Rupees .:. only) by * ... ' monthly instalments of Rs, ... (Rupees ... ) from the pay of the APPLICANT MORTGA­GOR commencing from .the month of ... Nineteen hundred and ... or from the month following completion 'of the house, whichever is earli'er and the APPLICANT Mortgagor hereby author.ises the Mortgagee to make deduotion from his/her monthly pay/leave 'Salary /subsisience a:llowance 'of the amount of such instalments and the Applicant Mort­gagor shall after paying the full _ amount of the advance also pay interest due thereon in ** ... month~y instalments in the manner and on the :j;erms spedif1ied lin the 'BaJid Regu­lations. P.rovided that the applicant Mortgagor shall repay the enti-re advance w.i.th "interest in fun before the 'date on which he/she ,is due to reJtire from 'Service, failing which the Mertgagee shall be entIitIed to enforce ·this securiJty of the Mortgage at any time thereafter and recover :the balance of the advance then due together with ::interest and costs of recovery by sale of the mortgaged property or dn such other manner as may be permissible under the law. It Will, however be 'Open to the Appli'cant Mortgagor to repay the amount iin a shorter period.

(i) (b) In pursuance of the said Regulations and in c-on­.slderation of the said advance sanc'ti'oned/paiid by the MORTGAGEE to ·the APPLICANT MORTGAGOR pur­suanJ\: to provisions centaan:ed in the s3Jid RegulaUons the MORTGAGORS DO hereby covenant With the MORT­GAGEE that the Mortgagors shall always duly observe and perform aU the terms and c'Onditi'Ons of the saM Regulabion and shall repay to the MORTGAGEE the said advance of Rs .... (Rupees ... only) by ... monthly instalments 'Of Rs .... from the pay of the APPLICANT MORTGAGOR commenM cing from the month of ... 19 ,or f·rom the month fol'low­ing tile completion of the house whtichever -i's earlier, till the date of his superannuation and \the b8Jlance then re­maining outstancling on his superannuation together with the interest en the amount advanced from ,the darte 'Of the advance to the date of repayment from his/her gratuity / /death-cum-retirement gratuity and .the Applicant Mort­gager hereby authonises the Mortgagee to make 'deductions from his/her monthly pay/leave salary/subsistence all'Ow­ance of the amount of such instalments and f.rom hd's gratuilty /death-cum-retirement gratu~ity or such of the ba­lances remruining unpaJid at the date of his/her death/retire­ment/superannuattion as hereinbefore mentioned, ·falUing which tile Mortgagee shall be entitled to enforce tlllls secul'!ity of the Mortgage at any time thereafter and recover the balamce of tlle advance then due t'Ogether wiTh :interest and costs 'Of recovery by sa;le of the mortgaged property or in such other manner as may be permissible under the law. It will however, be open t'O -the Applicant Mortgagor to repay the am'Ount ,in a shorter pel'li·od.

Note:- (Delete clause (1) (a) or (i) (b) whichever is inapplicable). (ii) If the APPLICANT MORTGAGOR shall utilise the advance for a purpos'e other than that for which the advance is sanctiened, or if !the APPLICANT MORT­GAGOR SHALL become insolvent OJ:' shall cease to be Qn serV'ice for any reason other than normal retiremen't/super­annuat'ion or if he/she dies before payment 'Of the advance in full, 'Or if the MORTGAGORS shall fa:il to observe or perform any 'Of ,'the terms, condiJtions ,and stipulations ob­served and performed then and in any such case the whole of !the princ'ipal amount of the advance or so much thereof as shall then :remaJin due and unpruid shall become payable forth­with to the MORTGAGEE with interest thereof at * ... per cent, per annum calculated from ith-e date of the paym-ent by the MORTGAGEE of the first instalment of ,the saJid advance. N otwithstandJing anything contained herein, -if the APPLICANT MORTGAGOR utHises the advance for a purpose other \than that for which !the advance .is sanc­tioned, it shall be open to the Mortgagee to make such d1isciplinary action against Ithe APPLICANT MORTGAGOR as may be appropriate under the service regulations appli­cable to the Applicant Mortgagor.

(li!id) In further pursuance of the said Regulations 'and for the consideration aforesaid and ito secure repayment of the aforesaid advance and :interest as 'shall at any time or times hereinafter be due te the MoI'ltgagee under the terms of these

* Mention whatever is applicable. ** Note: - The language will be modified if the mode of payment

of advance is different from what is prescribed in Reg. 7. *Normal rate of interest to be charged under the said Regulations .

10TH MAY, 1973 (VAlSAKHA 20, 1895)

presenJts the 'MOO'tgagors do hereby gmnt, """""y, transfer or assure dnto the Mortgagee, ALL AND SINGULAR the -said property compriiSed in the ,said Lease, datro ... and more partJicutl:ar:ly descrilbed in the Schedule hereunder wrtLtten Itogether with buildings erected QT to be erected by the Mortgagors on the said property (hereinafter referred 'to as the MO!1tgaged property) or materials for the time being thereon with ali]. 11ights, easements, and 'appurtenances t,o the said mortgaged property 'Or any of tthem belonging l!!Iubject to covenants by the lessee 'and to the conditions Itb.ere'in -contained to HOLD the same unto the Mortgagee absolutely ·bUlt subjoot to the tenus and covenants of the S31id lease and subject nevertheless Ito the proviso tor redem.ptJioo herei.n:after -contained namely that if the MORTGAGORS "hall! dtily pay to Ibhe MORTGAGEE the said prtn-cipal sum 'and Imterest hereby secured in the rnanw

ner herein provided and also ,the other moneys (Iii' any) dobermin:ed to be payable by the MORTGAGORS to the MORTGAGE'E under the terms and -conditions of the saild iRegulatIons, then the Mortgagee Wioll at any time there­e:fter upon the request and art the C.ost of the MORTGAGORS reconvey. reltransfer and Teassure the said MOT'tgaged preperty unto ood t.o the use .of the M.oI'Itgagors or as he may direct.

(iv) AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED that ,if !tbere 'shal:]' 'be any breach by the A.P'PLICANT MORTGAGOR of the coveuants on hds!her part herem ';ontaJi.ned or .jf the APPLICANT MORTGAGOR shall become insolvent or shall cease to be in serVlice !:or any reason dther than normal retirement/superannuation Qr if .he/she dies befiore 811-1 the dues payable to the Mort­gagee under these presents together with linterest therein shall have been fully paid .of! .or if the said advance .or any part thereof becomes payable ferthwith under these presents or .otherwise than and in any .of such cases with under there presents .or otherwise than and in any .of such cases it shall be lawful fer the MORTGAGEE TO SELL w~bhout the interventIi.on .of the -court. the said Mertgaged preperty or -any paI1t -thereof 'either together .or lin parcels and either by publ-lc auctien .or by private contract wb1h power to buy in 'Or rescind any centract for ,sale and to resell wit'heut being responsible f-or any 1.oss which may be occasioned thereby and te de and execute ali such acts and assurances ler effectuating any such sale as the MORTGAGEE shall think flit and IT IS HEREBY declared that the receipt of the MORTGAGEE for the purchase mon'ey of the premises sold .or any part thereof shall effectually discharge the purchaser .or ,purchasers therefrem AND IT IS HEREBY decla.red that the MORTGAGEE shall held the moneys to arise from any sale in pursuance 'Of the af'Oresaid power UPON TRUST 1n the first place ,thereout !te pay aJll the expenses m,curred en such sale* [and in the next place to rpay te ... the lesSOr .of the Mertgaged preperlty ... 50 per ·cent, of the unearned increase pursuant te clause ... .of the sa:id lease] 'and then to pay moneys in or Jbowards the satisfa:ctlion 'Of the moneys for !the time being OWIing en. the security 'Of t'h'ese presents 'and the balance 1:f any to be paid t.o the MOzitgagors.

(v) The MORTGkG9RS hereby covenant wirth. the MORTGAGEE as follows:-

(a) That the Mertgagors now .have in themselves good !light and 'lawful authority to grant, convey. transfer, assign 'and assure the MORTGAGIDD preperty unto and te the use .of the MORTGAGEE :in manner aforesa.id.

n ('b) That the Appl:i-cant Mortgager shaLl caTrY out the censtruoUon of the house/additions te living accom­modaitilOn lin the afleresaJId house -exactly !in accerdance with th'e approved plan and specif1ications .on the basIs of whi:ch the 'above 'advance has been computed and sanctiened unless a departure therefrem is perm:itted by Ithe Mortgagee. Th-e AppU9ant Mortgager shan cerw Itify, when 'applying fer insta1ments .of advance admIssible at the :plintth/roef level. that the consbruottiJon is bedng carried .out ~n 'accerdance With the plan and estIimates furnIshed ·by him te t!he Mortgagee. that the construc:bion has reached ,pl1nth/roof -level and til'at the amount aLready dr3JWn 'Out IOf the san-ctli!oned advance has aotualHy been used 'On the coustruotion .of the hous'e. He/l9he wtlll allJlow the Mootgagee to <!tarry 0Ult edther by h1mself, or through his representative an inspection te vertify, the correctness of th'e afleresadd centJitf,icates. If a false certa-

·Normal rate of interest to be charged under the said -Re2'tllatiOll.i. Note: - In case of NazuI lands in Delhi and in similar cases

wherever applicanLe.

•

·i1Icate is Ifllrntshed by Ibhe Mortgagor, he/she will be Hable Ito pay to the M'ortgagee fel1thwitrh the entire advance received ;by her /bim ,it'O~ther wUJth 'interest thereon at ... *' per :cent per annum 'and further wi[;l also be Uable rbo appropriate <liso:LplJinary aetion under the servdce regul!at!itons applicable to the Mortgagor.

U(c) Tha~ the AppHcarut Mertgager shall complete the Co~s~c-tlen of the ~ouse/addritions Ito living accem­modatIOn 'm the aforesaId house witbJin eight<een menths of *** ... un,less 'an '8%tensdon of time tis alliowed tin wr1ting /by the Momgagee. In oase of defuult the Applicant Mort­gagor shall be liable te repay ferthWith -the entfu-.e ameunt advanced to him tegether with -interest calculated under the said Regulations, in eue lump sum. The appHcant Mertgager shaU report te the Mortgagee the date of cempletien .of the heuse and furn<ish a certificate to the Mortgagee that the full ameunt of the advance has been utilised for the purpose fer which it was sanctien.

(d) That the MORTGAGORS shall Immediately ilnsure the heuse at ;theJlr own cost, with ·bhe Life Insurance Cer­poratien .of India fer a sum nat less than the amount of the aferesaid advance and shall keep lit .so 'insured agai?st l~ or d~mage by f.ir.e. flood and Joightning as prev~ded 'In the salld Regulations ,till the advance ds fully repaId 00 (the Mortgagee and depoolilt (I:lhe pOilJi>ey of insu­rance Wlitih the Mertgagee. The Mertgag.ors shall pay regularly Itth-e premlhlm !in respeot of :bh~ 'Salid !insurance from -time t.o tune and will when required produce te the MORTGAGEE -the premium receipts f.or !inspectien. In /the event of fa;ilure en the part of the MORTGAGORS t.o effect -the insurance against fire, flood and-Ughtndng it shal! be lawful but not obligatory for the MORTGAGEE Ite 'insure the sadd house at the cost .of the MORTGAGORS and add the amount of the premium te the outstanding am.ount of. the advance and the APPLICANT 'MORT­GAGORS shall thereupon be liable te pay linterest thereen as if the amount of the premium had been advanced to him!her as part .of the aferesadd advance at ... per cent per annum till the amounlt 1:!!: repaid -to the M.ortgagee 01' lis recovered as it it were an amount ceve:red by the security of these presents. The Mortgagers, shall give a letlter ,to the Mert~agee as often as required addressed to the Insurer. with which the house is insured with a view to enable the Mortgagee te nabify t.o the Insurer the fact that -the Mevtgagee lis Merested in the insu­rance pelicy secured.

(e) That the Mertgagers shall maintadn Ithe aferesBiid :h.ouse in good repair at -their own cost and shall pay all the Munlicipal and eth-er local rates taxes and all other outgoings dn respect .of the mertgag~d preperty regularly until the advance has been repaid to the Mortgagee in full. The Mertgagors shall alse furnish t.o the Mertgage~ an annual certifdcate te the abeve (lffeot.

(f) The Mortgagors shall afford fuH factIlity te the Mertgag-ee fer carrying out inspeotiens after completion of the heuse to ensure that ilt is mrulntrulned in goed rrepair until the advance has been repaid in full.

(g) The AppUcarut Mertg-ager shall refund te the Mort­gatree any ameunt tog,ether W\lth interest. it any, due thereon drawn on account .of the advance !in excess .of the exPendilture incurred, fer which the advance w~ sanctioned.

(h) That the sa'ld Lease, dated ... is new valid and \Subsisting lease .of the sruld Mortgaged pr.operty and are in no wise' vol., 'Or veidable and the rents 'and the conve­nants and cenditblons :irn and by the indentures .of Lease reserved have been paid, performed and observed upte the drute of these presenbs and that the same is assignab16 !In the manner hereinbefore stated. .

(I) Thalt 'he MORTGAGORS wtlH 00 long as any money shaH remain ewing- .on security of the said Merte-ae-ed property hereinbefore expr~sed to be hereby assIgnM and 1-n any case f.or the period of the .said agreement. duly .obser'l"~ all the covenants by the Lease and condi­tiens cent&ined in the said Indenlture of Lease ref.erred to in !the Schedule hereunder wrltten and keep the M.ort~ gagee indemnified agalinst all ac:tioll'S, suits, preceedings. costs, charges, claims and demands which wlll be incurred .or sustBiined by reasen .of the non-payment of the said rent or the breach, nen-perfermance .or nen­observance of the said covenants and condwtions .or any of them.

(j) That the Mortgagors shall not during the conti­nuance of these presents <;harge, ~cumber. -alien or otherwise d1IPose of the Mortgaged property .

16 SERIES III No.6 -----------~--------------------

(k) Notwithstanding anything contained here:in, ithe Mortgagee shall be entitled to recov.er the balance of /the advance 'Wl.lth !h1tere'st remaLmng unpadd at Ithe time of the retirement or death precedIing retirement of the Applicant Mortgagor from the whole or any specified PaI'lt of the gratuity that may be sanctioned to h:im.

SCHEDULE ABOVE REFERRED TO.

IN WITNESS WHEREOF THE MORTGAGORS have hereunto set their hands this day, month and year first above referred.

Signed by the Mortgagors ...

In the presence of

:lst Wiltness: Address: Occupation:

2nd Witness: .Address: Occupation:

In witness whereof Shri •.• ~n the office of ... for and on behalf by order and direction of the Board of Trustees, has signed this present in the p1'lesence of signed by Shr! ... on .•.

:lst witness: Address: Occupation: 2nd witness: Address: Occupation:

FORM No. 4B

Form of Mortgage Deed to be executed when the property is LEASE HOLD

(The Mormugao Port Employees Grant of Advances for Building of Houses Regulations, 1973 Regulation 7(a».

This indenture made this ... day of ... One thousand nine hundred and ... between ... son of ... of ... at present employed as ... in the Office of ... at ... (hereinafter called «THE MORT~ GAGOR~ whIch ex:pressLon shaH tmless excluded by or re~ pugnmlJt to the subjeot ·or conteXJt; include h:is/her helirs, exe­cutors, admi<l1li'strators and 'assigns) of the ONE PART and the BOARD OF TRUSTEES (hereinafter called «THE MORT~ GAGEE» whIch expression 'shaH unless exc:1uded by or repug­nant to the subject or context include his sU(;:cessors in office a.nd assigns) of the OTHER PART.

WHEREAS the borrower had under the provision of the regulations framed 'by the Board of Trustees to regula.te the grant of advances to its employees for building, of houses (hereinafter referred to as the «said regulations» whiich ex­pression shall, where' .the context so admits, include any amendment thereof or addition for the time being in force) applied to the Board for an advance of Rupees ... to pur~ chase a ready built house 'as aforesaUd and the Board has sanc~ tlioned 00 advance :of Rupees ... to the Borrower Vlide the Office letter No .... dated ... a copy of which is annexed to these presents for the purpose aforesaid on the terms and conditions set forth therein.

AND WHEREAS at the time of the drawa:l of the said loan an agreement was executed by. and between the Mortg'a;g.or and the Mort:g'8-gee Whereby the Mortgagor mter alia undertook to execute a document mortgaging the said flat to the Mortg:Lgee as security for the amount advanced to, Mortgagor a<; also for the interest payable for the said am'Ount in the form provided by the "Said regulations.

(a) AND WHEREAS by a deed of conveyance dated the ... day of ... executed by and between ifue ... of the one PaTIt and the Mortgagor of the other part for consideration in the said indenture mentioned the ... transferred and assigned the pro­pel1ties more parUcularly mentioned in the Schedule to the salid. document as also the Schedule hereunder to the Mort­gagor on tenus and conditions in the said indenture men­tioned.

AND WHEREAlS the consideraMon for the sajd transfer was paid by the MOl'ltgagor :out of the loan of Rs .... advanced to him.

$ To be filled in by the Mc·rtgagors.

NOW THIS INDENTURE WITNESSETH as follows:

(i)(a) ln pursuance of the salid RegulatJions and ·in con­sldel'a.:tion of the saJid advance 'sanot'ioned/paJid by the MORTGAGEE to the MORTGAGOR pursuant to ,the pro­visions contained 'in the said regulations the MORTGAGOR DOTH hereby covenant w1th the MORT-G.A:GEE that the MORTGAGOR shall always duly observe and perform all the terms and conditions of the said Regulations and shall repay to the MORTGAGEE the said advance of Rs ••.. (Rupees ... only) by* ... monthly instalments of Rs .... (Rupees ... only) from the pay of the Mortgagor commen~ cmg from the month of ... Nineteen hundred and ... i. e from the pay of the month following that in which the advance !is drawn and the Mootgagor hereby authorises the Mortgagee to make deduction from his monthly pay / jleave salary/subsistence allowance of the amount of such instalments and the Mortgagor shall after paY'ing the full am'ount of the advance also pay interest due thereon in** ... monthly ~instalments in the manner and on the terms specified in the said regulations. Provided that the Mortgagor shall repay the entire advance with interest in full before the date on which he/she is due t-o retiire from

. service, fwiling which the MOl'itgagee shall be entitled to enforce this security of the Mortgage at any time Ij::here­after and recover the balance of the advance then due together with interest and costs ·of recovery by sale of ,the mOlltgaged property or ·in such other manner as may be permissible under the law. It will, however, be open to the Mortgagor to repay the amount lin a shollter period.

O)(b) In pursuance of the saJld Regulations and in con~ sidera.bion of the said advance sanotioned:/p3!id by the MORTGAGEE to the MORTGAGOR pursuant to prov'i,sions contained in the saJid Regulations the MORTGAGOR DOTH hereby covenant with the MORTGAGEE that the Mortga­gor shall always. duly observe ilind perform all the terms :and conditions of ,the said Regulations and shall repay to the MORTGAGEE the sa'id advance of Rs .... (Rupees ... only) by ... monthly instalments of Rs .... from ,the pay of the Mortgagor commenclng from the month of ... l!9 .. .' or from the pay of the month following that in whlch the advance 'is drawn, till the da;te of nis superannuation and the balance then remaining outstandiing on Ms superannua~ tion together with the interest on the amount adv·anced from the date of the advance to the date of repayment from his gratuity /death-cum-retirement gratuity and the Mortga~ gor hereby authorises the Mortgagee to make deductions from his monthly pay jleave salary/subsistence allowance of ,the amount of such instalments and from Ms gratUity / /death-cum-retirement gratuity of such of the balances remaining unpwid at the da.te of his death/retirement/su~ perannu3itiion as hereinbefore menti:oned, failing which the Mortgagee shall be enbiibled ,to enforce this security of the Mortgage at any ·time thereafter and recover the bala.nce of the advance then due together with .interes~ and costs of recovery by sale of the mortgaged property or in such other mann'er as may be permissible under .the law. It will, however, be open to the Mortgagor to 'repay the amount in a shorter period.

(ii) If the MORTGAGOR shall utilise the advance for a purpose other than that for which the advance is sanctio­ned, or if the MORTGAGOR shall become insolvent or shall cease to be in service for any reason other than normal retirement/superannuation or if he/she dies before payment of the advance in full, or if the MORTGAGOR shall fail to observe or. perform any of the terms, conditions and stipulations specified in the said Regulations and on his/her part to be observed and performed then and in any such case the whole of the prinCipal amount of the advance or so much thereof as shall then remain due and unpaid shall become payable forthwith to the MORTGAGEE with inte­rest thereof at* ... per cent per annum calculated from the date of the payment by the MORTGAGEE of· the first ins­talment of the said advance. NotWl~thstanding anything con~ tained herein, if the Mortgagor utilise the advance for a purpose other than .that for which the advance is sanotfioned, it shall be open to the Mortgagee to t'ake such discipl:inary action against the Mortgagor as may be approprialte under the servi-c·e Regulations applicable to the Mortgagor.

(iii) In further pursuance, of the said Regulations and for the consideraiton aforesaid and to secure repayment of the aforesaid advance and interest as shall at any time or times p-ereinafter be due to the Mortgagee under the

"'This will not be more than 180. . U·This will ,not be more than 60. Note: - (Delete clause (i){a) or O)(b) whichever is inapplicable). "'Normal rate of interest to be charged under the said Rules.

·.l:

[

10TH MAY, 1973 (VAISAKHA 20, 1895)

terms of these presents the Mortgagor Doth hereby grant, -convey, transfer. or assure unto the Mortgagee. ALL AND SINGULAR the said property comprised in the said Con­veyance dated ... and more particularly described in the Schedule hereunder written together with buildings to be erected by the Mortgagor on the said property, if any (he­reinafter referred to as the Mortgaged property) or mate­rials for the time being thereon with all I1ights, easements and appurtenances to the sard mortgaged property or any of them be!ong'ling, subject to covenants by the purchaser and to the conditions therein contained to HOLD the same unto the Mortgagee absolutely but subject to the terms and covenants of the said Conveyance and Subject never­theless to the proviso for redemption hereinafter contained PROVIDED ALWAYS AND it is hereby agreed and decla­red by and between the parties hereto that if the MORTGAGOR shall duly pay to the MORTGAGEE the said principal sum and interest hereby secured in the manner herein provided and also the other moneys (if any) determined to be payable by -the MORTGAGOR to -the MORTGAGEE under the terms and conditions of the said

. regulatlions, then the MOl"tgagee will at any time thereafter upon the request and at the cost of the MORTGAGOR reconvey, retransfer and reassure the said Mortgaged pro­perty unto and to the use of the Mortgagor or as he may -direct.

(iv) AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED that if there shall be any breach by the MORTGAGOR of the covenants on his/her part therein contained or if the MORTGAGOR shall become insolvent or shall cease to be in service for any reason other than normal retirement/superannuation or if he/she dies before all the dues payable to the MORTGAGEE under these presenrrs together with 'interest thereon shall have been fully paid off or if the said advance r3r any part thereof becomes payable forthwith under these presents or other­wise then ,and in any of such cases iit shall be lawful for the MORTGAGEE TO SELL without the intervention of the court, the said Mortgaged property 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 aU 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 purc.hasers therefrom AND IT IS HEREBY declared that the MORTGAGEE shall hold the moneys 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 pay to the ... Lessor of the Mortgaged property ... 50 per cent of the unearned increase pursuant to clause ... of the said lease) and then to pay moneys in or towards the satisfac­tion of the moneys for the time being owing on the security -or these presents and the balance if any to be paid to the Mortgagor.

(v) THE 'MORTGA~R hereby .covenants with the MORTGAGEE as follows:-

.( a) That the Mortgagor now hath in himself/herself good right, and lawful authority to grant, convey. trans­fer, assign and fuSsure the MORTGAGED property unto and. to the use of the MORTGAGEE in a manner afore­said.

**(b) That the Mortgagor shall carry; out the cons· truction of the housef,addi,trons to Hving accommodation in the aforesruid house exactly lin .accordance w:ith the

.approved plan and spec:ifica.tions on the basis of which the above advance has been computed and sanct1l..)ued un1ess a departure therefrom is permd.tted by the Mort­gagee. The Mortgagor shall cert\lify,- when 'rupplylng for lin$~alments of advance -admtssi-ble at the pllinth/roof level, that :the cons;tructi~on 1s b_€Hng ,carried out -in a-ccord­;ance whlth the plan and estJimates furnished by him to Ithe Mortgagee, that ~the construcbion has reached plinth! /roof level -and that the amount already dramn out of the sanctioned advance has actually been used on the ,construction of ithe house. He/She will allow the Mort­gagee to carry ,out etther by himse1J.f, or through his representatirve an <inspection to ve15ify. the correctness

"'In case of Nazul lands in Delhi and in simllar cases wherever applicable.

""" Note. - Clauses (b) and (c) are not applicable when the advance 1$ for thc purchase of ready built house.

77

'Of the aforesa;id ceritifiica.tes. If a false cer1Micate is furnished by the MOrltgagor, he/she wi11 he iflable to pay to the Mortga..gee forthwith ,the ent'ire advance received 'by her/him together W1i.th inlterest there'on at ... *:per cent per -annum and further will1 also be lliiabl-e to appropriate disciphln:ary action under Ithe service regula­:tXOllS -appl1ica.'ble to tthe Mortgagor.

"'*(c) 'I'ha:t the Mortgagor shaH complete tile cons­truction of the house/-addiIUons to ~liVling accommodation in the aforesaid house wtth.in eighteen months of *** ... unless an extenslon of :time is 'a:l:l'OWed in wrtlting ,by the Mortgagee lin case of default :the MO:r1tgagor shall be liable to r-epay forthwith the enJtire amount advanced to him togeldler with 'interest calculated under the said Regulati'ons, lin lOne !lump sum. The Mortgagor sha:Ia repoI1t to tthe Mortgagee the daJte ;0[ lCompl-etlion of. the !house 'and furnish a certificate to the MOrltgagee that the full am'ount -of tlle advance has -be'en rutiH:sed for the purpose for which ~t was sanctlioned.

(d) Thalt tile MORTGAGOR shall imm<>_tely insure the house 'at his 'own cost, w1th Itbe Life Insurance Corporation of India for a sum not less than the lamount of the af.Qres8Jid advance and shall keep it so insured agalinslt Iloss or d:amage by nre. flood and llighrt~ ning as provided in the said Regulations till the advance is fully repaid to the Mortgagee and deposi1t the pO'Hcy :of l1nsurarrce with !fue MOI1tgagee. The Mortgagor shaH 'Pay regu'larly the premium in respect of the said insu­rance from Ibime ito tim-e and wB.I when required produce rtlle MORTGAGEE the premium receipts for inspeoti'OIl. In Ithe event of falilUre on tthe part "Of the MORTGAGOR to effect the insurance against fire, flood and lightning iit shaH be lawful Ibut not :obHgatory f.or _the MORT­GA:GEE to ;insure (the sard house at the cosl of the MORTGAGOR and add the -am.ount of .the premium to the 'Outstanding -amourut of the ·advance and the MORT­GAGOR shruIl I&her:eupon -be liable to pay ,iuterest there.on as H the ,amount' ,.of .the premium had been advanced to him as part of the aforesaid advance at .,. till the amount lis repaid to lthe MOl'ltgagee or ts recovered as fi.f -it were an -am'ount covered by the securt]ty .of these presents. The MOl'ltgagor, shaU ,give a 'letter to the Mortgagee as oflt-en as required addressed to ,the Insurer .with which the house i's linsured wilth a "Vliew Ibo enabl~ rthe Mortgagee Ito notl1fy to the Insurer the fact that Ithe Mortgagee is linterested <in the Insurance poliicy seoured.

(e) That the Mortgagor shall mruintain the af.oresaid house lin good repa:ir aIt; 'Ms ,own 'cost and shal!1 pay ali the Municipal and .other J:ocal rates, taxes and ali ()l;;:her 'Outgoings in 'respect -of the morttgage-d property regu­larly ufibH the 'adv,an'ce has been repaid Ito the Morl­gagee 'in fuill. The Mortgagor sha'l-l also furnish to the Mortgagee ,an ,annual certi.f~cate to the 'above effect.

(f) The MOI1tgagor shall alfford full facility to the Mortg-agee ·for carrying .out linspectoon after completlion of b~e ho~'Se to ensure that Ii.t is maintained in good repallr UnJOl::i, the -advan'ce has been repaid in fuLl.

(g) The Mortgagor shall refund to the Mortgagee any amounJt together wilth interest, if any, due thereon drawn 'On accoUnit 'Of the advance tln excess of the expen­diture :incurred, for which the advance was sanctioned.

(h) That the said Conveyance Deed, dated ". ,is now valid and subsisting lease of the said Mortgaged pro­pel'lty and are in no wise void -or vo:~dable and the renits and the covenants and conditions in and by the indenture of Lease reserved have been paid, performed and observed upto the date of these presents and that the same is aSSignable in the manner hereinbefore stated .

(1) That the MORTGAGOR wHI so -long as any money shall remarln owing on security of the said MORTGAGED property hereinbefore expressed to be hereby aSSigned and ·in any case for the period of the said agreement, duly observe all the covenants by the Lease and condi­tions contained .in the said Indenture of Lease referred to in the Schedule hereunder written and keep the Mort­gagee ~ndemnified against all actions, suits, proceedings, costs, charges, claims and demands which will be in­curred or sustained by reasons of the non~payment of Ithe said rent :or the breach non-<performance -or non-

*Normal rate of interest to be charged under the Rules. 110);' Note. - Clauses (b) and (c) are not applicable when the advance

is for the purchase of ready built house. " .... Here ment:on the date on which the first instalment of the'

advance is paid to the Mortgagor.

II ~ t ,

78

-observance of the SsAd covenants and cond:ltions or any of them.

(j) That the Mortgagor shall not during the conti­nuance of these presents charge, encumber, alien or other­wise dispose of th~ M-ortgaged property.

(k) NotwJlthst:andlng anything contalined therein, the mOl1tgagee shall be entitled to recover the balance of the advance w~th interest ~ematn;ing unpand alt the tlime of his retirement or death precediing retdrement from ilie whole or any speoified part of the gratuity that may be sanctioned ,to the Mortgagor.

SCHEDULE ABOVE 'REFERRED TO*

In WITNESS WHEREOF THE MORTGAGOR has here­unto set hils hand and Shri .. , in the Offllce of •.. for_ and on behalf of the Board of Trustees Ihas her.eunto set hilS hand.

1st wJtness:

Address: Occupation:

2nd witness!

Address: Occupation:

Signed by tile said (Mo"t­gagor) ...

In the presence of

Slgned by Sh:ru ... in the Office of ... for and on bellalf and by order and direotiion of the Board of Trustees in the presence of •••

1st witness:

Address: Occupation:

2nd witness:

Addl'€ss! Occupation:

Note. - Before paying stamp' duty on this documents the: applilcants are adVlLs'ed to contact the respective State Govern­ments/ Adm'inistrabions for ascertaining whether exemptlon from payment of stamp duty d.s 'ava.i:l.able.

FORM No. '5

l<'orm of Agreement to be executed at the time of drawing an advance by Mormugao Port Trust Ehployees for purchase of plo-t of land and building of house, enlarge­ment of existing house and purchase of ready made

house (Regulation 7)

AN AGREEMENT MADE THIS .. , day of one thou-sand nine hundrefi and ... BETWEEN ... son of ... at pre­sent 'serving as ... (hereinafter called «The b'orrower» whdch expresSion shall unless excluded ·by or repugnant to the subject 'or ·conltext fmclude his heirs, executors, ad.mriniistra­tors 'and [egal representatives) of .the one part and the Board of Trustees 'Of the Pont 'Of Mormugao (here'dn'after cali1ed Ithe «Board» wMch e~pressi:on shall unlless excluded by or repugnant to the subjeot .or context linclude hiis suc­cesS'Ol'S in offli,ce and assigns) -of the 'OIt:her part, WHEREAS th'e ,boITOwer desires to *' .purchase land and construct a house tilereonj'l' ,enlarge liwng aCCommooaJtion in hiislher house at ... *purchase a ready built house descnibed in a Schedule hereto annexed ,and whereas tlle :borro.wer has under the proV'islion 'Of the Mormugao Port EmPloyees (GranJt of Advances for building of houses) 'Regulations, (herein­after referred :t'O as tile <~sa1d RegU"J.~t~ons;), W'hltch expres­sIon shaH, where the context 'S'O admrits, include any amend­ment ;thereof 'or addli-Hon for the time 'bemg Un f.or.ce) appllied to the Bo3Jrd for an advance of Rupees ... !to '" purchase the said land '" consltruct 'a house thereon '" ma.rge liVling accom­modabion in h:isjiher house/*purchase a ready bunt house as 'afores~ld 'and the Hoard has sanotioned an advance of Rupe'es ... to the Borrower wde the of11i,ce letter No. . .. dated ... a copy of whtlch ris annex'ed to the.se presents for the ,puI1pose 81fioresaJid on ·the terms and C'OooiJtJlons set forth

... To be filled in by 1\{ortgagol'. "Mention whatevel' is applicable.'

SERIES III No.

therelbl, NOW IT IS HEREBY AGREED by and betwe the paI1ti>.es hereto as fol1QWs:-

(1) In conlS.J:deraJbion 'Of Jt:he sum of Rupees .,. (tlns€ the am'oun't :of the fiTst 1nsbalment) to !be p:aJld by t£ Board afOOr :executing of lfu"hs Agrooment i'<>r Ithe puroha of land and the sum' of Rs. ... ('insert balance amOu to be paid) to be paid by the Boa:nd to the Borrower pl·ovides in the said Regulations, the Borrower herel agrees willth the Board.:

(a) to repay to the lBoard of Trustees the saJiG amou of &S ... ' .(insert fuB amount sancbioned) wHh intere calcuilat!ed 'in acoordan\Ce Wl~th It!he sail<i Regulalttions :t, the time being in force by month,ly instalments Rs .... from Ihll!s ,pay -comm€lIloin·g from :the month 01. n!1n:eteen hundred 'and ... 'Or from the month fullowiI ·the oomPletJi!on of itile house whiohever is earliler 8J the Borrower hereby authorises the Board to make SU(

dec1oot:llions from hi'S monthly pay Ja,earv.e salary tillb /su:bsi!sben~e aililowance bil!Ls.

('b) (a) WitlUn two months from tile daltre of recato Of the amount Of Rs. ... .( 'lin!seIit amount of mstalmen: to be paid) 0UIt "Of the salid sanotli'Oued advamce or with! such further ,time 'as Government/Head of the DepaI1 ment may a110w tin this beh'alf, to expend the aforesa~ amount in Ithe purchase Of land <and to prod·uce for in pection of ;the Government the sale deed in respe< thereof failing whicll the Iborvower shall refund to. tl: Government ,the en.t<iI;e amount of the advance recedv~ by him together Mth linrterMt thereon.

(b) (lilO WEthin thTee months from ·the date of tl: rece~pt 'Of Ithe afJoresaJid advance of Ra. ... (Rupees . only) to expend the ·aforesaid amount in the purchasE .of the said ready buiat house and mortgage lIt to tl: Board failii'llg whd.ch the BOITOWler shaH refund t1" -entJirre amount ,of advance together Wlitlh interest to tl: Board fort'hwlith un[ess an extensllon of time is grante by ibhe Board.

* (Fi.!H) to .complete -construct;:ion/eIlilargement of tl salld house within eighteen mOllJths of ... strictly ~ accordance .w.ili:h tile pl!&l and speoi!f1i'CaiJions to be aJppr( ved by the Board BIlld on the basis of whiM the amour of "adv-ance :is to be oomputed and sancti'Olloo flinall or within such extended as may be laid down by t1l Board.

2. If the actual amount paid by the borrower :tor tlI purchase of land and builmng a house thereon *enlargtn, the hoU'se/purchase of a ready bUillt house 1s less tha: the amount 'rrecei'Ved under ;these presents 'by the BOl rower, <to repay Ibhe d1i!ffereDJCe to the Board forthWIL'bh.

3. To execute 'a document m'ortgaging the said hOW!l i:and '~I'Ongw\i:th the house to ,be -bUliilt thereon to tbhe Boar. as security flor !the amount .advanced to t!he Borrowe under Ibhese ipre.senrts as <also fur the dnterest payable :to the s'aid amoUlllt ,in the form proVlided 'by the sa;ia Regula tJions.

4. If :the ~and ds not purchased and the 8alle deed thereo not produced for Iinspec1!ion of the Board wiithi,n two month of the date of drawal of Ithe part of the advance fur ,tha: .purpose, or within such f.urther time as the Board/Ohair man may aHrow lin this heh3ilf.

If the house a:s not purchased and mortgaged witMI three months of the advance or witMn fUl'th~r time aJ ,the Board'iOhalirman may :allow lin ¢'hlis beha..1t/$i1:f th( Borrower taJils :to !Complete the construdbi'On/enlargemen­I()f 'the said house, as hereinbefore agreed, or if the Bor· rower. becomes !lInsdlvenJt or qUits serwoe of the Boar( or d1ies, rthe enJtJi~e amouDlt of the advance Ibog&ther witJ: the tlnterest accru.i!I1,g thereon shaH ,lmme<llalte!ly becomE due and payable to <the Board.

5. The Board shan be entit1~ to recover the balanCE of Ithe said advance with interest remaJ!nrtug unpaid at the time of his retirement or death preceddng retirement from the whole or any specified part of the gratUity tha1 may be sanctJioned to i})jm.

6. Without prejudice to any other l\!ght of ~he Board in that behalf, 'if any amount becomes Tefundab1e or payable by the Borrower to the Board, the Board will be entitled to recover the same by deducting from his pay such amounts as lit shall deem reasonable.

*Hention whatever is applicable . t Number of instalments to be tUled in.

D

.. ~

10TH MAY, 1979 (VAISAKHA 20, 1895)

IN WITNESS WHEREOF THE BORROWER has hereunto 'iSet hIs hand and Shri .•. for and on behalf of the Board set his hand.

The Schedule above referred to:

(To be filled by the Borrower)

Signed by the saJId Borrower lin the presence of

... (SignOJture of the Borrower)

~st Wltne"" Address ... Occupation ...

.and Witness .• ~ Address ... Occupation •. ~

Signed by ShIll In ithe oUice of •••

In the presence of:

1st Witness Address ...

Occupation ".

2nd Witness ... Address ... ,Occupation ...

( ... ) for and on behalf of the Board

FORM No. 5A

Special form of Agreement to be executed by Mormugao Port Trust Employees for purchase of land and building a house, in a case in which the title to the land will pass

to him after the house is built '

[Regulation 7(a)(1)(i) and 7(a)(3)(i»)

AN AGREEMENT MADE THIS ... day of ... ONE THOU­SAND NINE HUNDRED AND ... BETWEEN ..• son of ... at present :;;erving as ... (heretnafter called- '-the Borrower' which expression shall unless excluded by or repugnant Ito the sub­ject 'or cont~ include h1:s heirs, executors, admtinistrat(ll1's and legal represe-ntatives) of ,the one part and the Board of Trustees of Por.t of Mermugao (hereinafter oalled 'the Board' which 'expresston shall unless excluded by 'Or repugnant to the subjeot or context include his successors .in office and assig,ns) of the other pal'lt.

WHEREAS the Berrower desires to purchase from ... . (wert name of the Venq.or) the land CLt ••• descvibed ..in the schedule hereto and to construct a house on the said land;

AND WHEREAS the conveyance of the said l'amd Wlill be executed by the salid ... ('insert name of the Vendor) in favour of the Borrower only when the house 1s ·construoted;

AlND WHEREAS the Borrower has under the provision of the Regulations framed by the 1B0ard to regula.te the grant of advances to Mormugao Port Emplo}"ees for building I()f houses, hereinafter referred to as the said regulations, which expression shall where the context so admits, include any amendments thereof or addi.tion thereto for ,the time beQng !im. force) appl'i'ed to the Board for an advance of Rupees ... for the purchase of land and constructoion of a house thereon and the Board has sanctioned an advance of Rupees ... (insert full amount sanctioned) to the Borrower V1ide letter No .... dated ... a copy of wbich ,is annexed to <these present's for the purpose aforesaid on Jthe terms and conai·tions 'Set forth therein;

NOW IT IS HEREBY AGIREED .l,y and between the par­ties hereto as follows:-

(il) In consideration of the sum of Rupees ... (tnsert amount of the first instalment) to be paid by the Board after ex€'cution of this agreement fer the purchase of land and ,the sum of Rupees ... (insert balance amount to be paid) to be paoi-d by the Board to the Borrower as provided

79

in the said Tegulations, the Borrower hereby agrees with the Board.

(a) to repay to the Board the saJid amount of Rupees ... (full amount of loan) with dnterest calculated in accor~ dance w~th the saJid rules for the time being in force by ... (number ,to be filled -in) monthly rinstalments of Rupees ... from his pay .commencing from the month of ... ;n,lineteeIl hundred and ... or from the month follow­ing the compleNon -of the house, whichever 'is earlier and the Borrower hereby authordses the Board t.o make such deductions from his monthly pay, leave salary and sub· sistence allowance bills;

(b) to assign in favour .of the Board by way .of secu­rity all his rights as the purchaser .of the said land in respect of the said land and as against the said ... (in-. sert ,the name of the Vendor) as soon as he has parid the purchase price of the salid land and .obtained possession of the said land and for the purpose execute a further assurance in the form provided in the said regulations:

(c) to c.omplete constructi.on of the said house within eighteen moruths of the date of drawal .of the first instal­ment of advance strictly in accordance with' the plan and specifications to be approved by the Board and on the basis of which the am.ount of advance is t.o be computed and sanctioned fiinally .or within such emended peviod as may be laid down by the BoaM;

(d) df the actual amount paid for the constru-cti.on of the house is less ·than the amount received under these presents by the Borrower to repay the difference t.o the Board forthwith; and

(e) t.o lexecwte a document m.ortgaging the said land along with the house bUllt thereon to the Board as secu­rity for the amount agreed to be advanced to the b.orr.ower under these presents a.s alse f.or the inteoost payable on the said am.ount, in the form provided by the said regula~ tions, as soon as the h.ouse has been buUt and the necessary conveyance or assurance has been executed in his favour.

(2) If the borrower fails to cemplete the construction of the said heuse as hereinbef.ore agreed, .or fa.ils to execute !the further assurance after he has paid the purchase price .of the sadd land and taken P.ossessi.on of the sa:id land or fails to ,execute the mOl tgage deed afiter the necessary conveyance or assurance has been executed in his fav.our .or if the borrower becomes 'insolvent or quits the serV1ice of the B.oard or d-ies, the whele amount of the advance, together with the interest accruing thereon shall 1mme­'ClIlately become due and payable te Ithe Board.

(3) The B.oard shall be entitled to recover the balance .of the said advance with interest remainling unpadd art the time of his rebirement or death preceding retirement firom rtJhe whole or any specified part .of the gratuity that may be sanctioned to hlim'.

(4) Wdthout pr.ejudice to amy other right .of the Board. in that behalf, :if any amounlt becomes refundable .or pay­able by the borrower to the Board, the Board will be entitled to recover ,the same as aTTears of land revenue.

IN WITNESS WHEREOF THE BORROWER has hereunto set his hand and Shni ... lin the Offiice of ... f.or and on behalf of the Board has hereunto set his hand.

"'SCHEDULE ABOVE REFERRED TO

(Set out the d'escripbion of !the Land)

Sligned by the saJid B.orrower in the presence .of:

1st Witness: Address: Occupati.on:

2nd Witness: Address: Occupation:

(Signature of the B.orrower)

in Ithe Offke of .... tin the presence of:

(for and on behalf .of ,the BoaTd)

** To be r.med in by the Borrower.

80

1st 'Witness.; Address: Occupation: 2nd Witness: Address:

, Occupation:

FORM No, 5B

Special form 01 Agreement to be executed by Mormugao Port Trust Employees before <lrawing the second instal­ment of advance for building a house in a case in which he has drawn the first instalment of advance fOl' pur­chasing the laml after executing an Agreement in Form No.5 or No. 5A and where the title to the land 'vill be

passed to him after the house is built

Regulations 7(a)(1)(ii) and 7(a)(3)(ii)

AN AGREEMENT MADE THIS .. , day of .. , ONE THOU­SAND NINE HUNDRED AND .. , BETWEEN .. , son of .. , at present serving' as ... (hereinafter caned 'the Borrower' which express:'Oll shall unless excluded by or repugnant to the subjeot or context include his heirs, executors, adminis­trators and legal representatives) of the one part and the Board 'Of Trustees 'Of P'Ort 'Of M'Ormuga'O (hereinafter called «he Board~ which expressi'On shall unless excluded by or repugnant t'O the subject or c'Ontext i'nclude his successors jn office and assigns) 'Of the other par.t.

WHEREAS the borrO\ver desires to construct a house 'On the land at ... described in the Schedule hereto.

AND WHEREAS the Borrower has under the pr'OV1SlOn 'Of the Regulati'Ons framed by the Board to regulate the grant of advances to- M'Ormugao Port Employees for building of houses. (hereinafter referred te as the «said regulations» which expre.<;sion shall where the context se adm:'ts, include any amendment thereof or addfbion thereto for the time being in force) applied to the Board for an advance of Rupees ... :and the Board has sanctiened an advance of Rupees ... (insert full amount sanctioned) to the Borrower vide the Office letter No .... dated ... a copy of which is annexed to these presents for the purpose aforesaid on the terms and condi­tions set forth .therein. And whereas pursuant to an agree­ment dated ... executed between the parties he-rein the Board advanced to the Borrower a sum of Rs. ... (insert first ins­talment paid) out of the aforesaid sanct!oned sum of Rs .... (insert fun amount sanctioned) to enable the Borrcwer to purchase the abcve land and 'On _ the terms and condbbions set 'Out in the said Agreement;

AND WHEREAS the borrower has paid the purchase price of the said land to ... (insert the name 'Of the Vendor) frem the aforesaid advance and has obtaJlned possessIon of the salld land;

AND WHEREAS 'the bcrrower has requested the Bcard to advance the balance of the aforesaid sanctioned amount. And whereas the conveyance -of the sald land will be exe­

. cuted in· favour of the Borrcwer by the salid ... (insert name Qf the Vendcr) 'Only when the house ·is constructed;

NOW IT IS HEREBY AGREED by and between ;the par­ties hereto follows:

(1) In consideration of the sum of Rupees ... (Iinsert first instalment) already paid by the Board and the balance of Rs. '" (-insel'lt balance payable) to be parld by the lBoard to the Borrower as provided by the said regulations the Borrower with intent to secure repayment of the said sum 'Of Rs. ... (full amount of loan sanctioned) (Rupees ... ) hereby assigns to the Board by way of security all his rights as Purchaser of the said land described in Schedule hereto in respect 'Of the said land and as agaisnt the said ... (insert name of Vendor)".

(2) The Borrewer hereby agrees with the Government-(a) to repay to thB Beard the said amount of Rupees ...

(insert fun amount 'Of lcan sanctioned) with interest calculated in accordance with the said regulations for the time being in force by ... (number te be filled) monthly instalments of Rupees ... frcm his pay commencing from the month of ... nineteen hundred and ... or frcm the month following the· completion of the house, whichever is earlier and the Borrower hereby authorises the Board to make such deductions from bis monthly pay, leave salary and subsistenc~ aliowance bills;

.\ -. SERlliJS IiI No.6

(b) to complete construction of the said house· within eighteen months of the date of drawal of the first instal"..;. ment -strictly in acccrdance with the approved plan and specifications on the basis of which the amount 'Of advan­ce has been computed and sanctioned or within such extended period as may be laid d,own by· the B.oard and to obtain the necessary conveyance or aSSurance in his favour within a period of three months of- the date:,of completion 'of the house;

(c) if the actual amount paid for the construction of the house is less than the amount received by the Bor­rower to repay the> -difference to the Board forthwith;

(d) tc execute a document mortgaging .the .said land a.J.ong with the house built thereon to the -Bcard as secu­rity for the total amount advanced to the' bcrrower ··as also fcr the interest payable en the said. amount in the fcrm provided by the said regulations as soon as the house has been built and the necessary conveyance -·or assurance has been executed in his favour.

(3) If the 'borrower fails Ito complete .the construction of the s3Itd house or to 'Obtain the necessary conveyance or assurance in his f·avour or to execute the necessary mortgage deed as hereinbefore provided or if the borrower becomes insolvent or quilts the service of the Government 'Or die·s, the wliole amount 'Of the advance, together with the interest accru&ng thereon sh8J11 immedliately become due and pay8Jble to the Board and ,the _ Board shall be entitled wilthout prejudice to its 'Other vights to proceed Ito r:-ea:]ise the security hereby granted.

(4) The Board shall be ·entll:tled to rec·over /the balance of t:he s·aid ·advance w]th interest rem<llin:ing unpaid at the time of ·his reli1irement or death preceding retirement from the whole or any speo.hfied pam of the graltui!ty that may he sanctioned to him.

(5) WitbOUlt prejudice to any other flight of the Board ·in that behwlf, "if any amount becomes refundable or pay­able by the borrower to the Board the Board will be entit­led -to recover \ctle ·s~e as arrears of land revenue.

IN WITNESS WHEREOF 'THE BORROWER has here­unto set his hand 3Jnd Shr.i ... in the Office of ... for and on behalf of the Board has hereunto set his hand.

SCHEDULE ABOVE REFERRED TO"

(Set out the descripticn 'Of the land)

Signed by the said Borrower in the presence of:

("Signature 'of the Borrower) 1st witness: Address: Occupation:

2nd witness: Address: Occupation:

Signed by Shri

in the presence of:

1st Witness: Address: Occupation:

2nd Witness: Address: Occupation:

in the of

(For and en behalf of the Board),

FORM No. 5C

Special form of Agreement to be executed by Mormugao Port Trust Employees before drawing the first -instalment of advance for building a house in a case, in which the land is purchased by him with his own funds, but the title to- the

lam1 will be passed to him after the house is built

[Regulation 7(a) (2) (I) and 7(a) (4) (i)l

AN AGREEMENT MADE THIS .,. day of '" one thousand nine hundred and ... BETWEEN ... son-of ... at present serv~

¥<) To be f.Uled in by the Borrower.

r-, L. __ ----__________ """""""'._~~ ___ ~~=

iOTHMAY, 1973 (VAISAKHA 20, 1895)

fig as ... (hereinaflter caned <,the Borrower' which expression shall unless excluded by or repugnant to the subject or context include his heirs, executors, administrators and legal representaJtives) of -the one part and the Board of Trustees of Port of Mormugao (hereinafter called 'the Board' which expression shall unless excluded by or repugnant to the subject or context include hils successors lin office and assigns) of !tJhe other part.

'WHEREAS the borrower has agreed Ito purchase ithe land at ... described in ·1jhe Schedule hereto annexed from , .. (in­sert name of the Vendor) and has palid the price out of his own funds &nd obtaJned possession of ·the said land. And whereas the Borrower desires to construct a hOU.sB on the said land. And whereas the conveyance of the saJid land will be executed lin favour of the Borrower by :the said ... (insert name of the Vendor) only when the house is constructed and WHEREAS THE BORROWER has under the provisions of the regulations framed by the Board ito regulate the grant of advances to Mormugao Port Employees for building of houses (hereinafter referred to as the 's3.lid regulations', which expression shall where the cOllitext so admllts include any amendment thereof or addItion thereto for ,the time being in force) applied to the Board for an a-dvance of Rupees ... and the Board has sanctioned an a-dvance of Rupees. ... (insert full amount sanctioned) to the Borrower vide the Office letter No .... dated .. , a copy of which annexed to these presenlts for the purpose aforesaid on the terms and conditions set forth therein. . J

NOW IT IS HEREBY AGREED BY AND b~tween the parties hereto as follows:-

(1) In coooideraJtion of the sum of Rupees ... (inser,t flirst instalmen1t) to be paid by the Board af1ter the execution of this agreement an-d the balance of Rupees ... to be paid by the Board to ;the Borrower as provided tin the said Regulations, the Borrower, with intent to secure repay­ment of the s8J!d sum of Rupees ... (~inseI1t full amount sanctioned) (Rupees ... only) hereby assigns to the Board by way of security all his 'righi's as Purchaser of the said land descrJbed in Schedule ·hereto. 'in respect of ,the said land and as against the said ... (insert n~me of the Vendor).

(2) The Borrower hereby agrees with ,the Board, (a) to repay to ithe Board the sai-d amount of Rupees ...

(insert full amount sanctioned) with interest calculated in accordance with the said regulations for the time being in force by ... (number to be tiilled) monthly ,instalments of Rupees ... from his pay commenCing from the month of ... nineteen hundred and ... or from the month following the completion of the house whichever 'is earNer and the Borrower hereby authorises the Board to make such deducUons from his monthly pay, leave salary and subsistence allowance bills.

(b) to complete construction of the said house within eighteen months of the date of drawal of the ftirst ,ins­talment striotly in accordance with the approved plan and specif.lcabions on the basis of which the amount of advance has been computed and sanctioned or within such eX'tended period lIS may be laid down by the Board and to obta:in the necessary conveyance or assuraJUce :in his favour wit:q.in a period 'of three months from the date of completrlon of the house.

(c) ·if Jthe actual amount parid for the construction of the house is less than the amount received by Ithe Bor­rower to repay the- difference to the Board forthwirth.

(d) Ito execute a document mortgagl.ing the saJd land along wilth the house bunt ihereon to the Board as security for the amount a_dvanced to the borrower as also for the interest payable on the said amount -in the form provided by the said regulation, as soon as the house has been built and the necessary conveyance or assurance has been executed tin his favour.

(3) If the borrower fa;ils to complet'e the -construction of the said house or Ito obt~in the necessary conveyance or assurance dn his favour or to execute the necessary mort­gage deed as hereinbefore provl.ided, or if the borrower becomes insolvent or qwHs the service of the Board or dies, the amount of the advance, together with the interest ac­cru:ing thereon shall immediately become due 'and payable to the Board and the Board shall be entitled w.ithout pre­judice to its other nights to proceed to realize the securilty hereby granted. •

(4) The Board shall be entitled to recover the balance of tlhe sarid adva.nce with intereSt remaining unpaid rut the time of hlis retirement or death preceding retirement from the whole or any specified pa.rt of Ithe gratwity that may be sanctioned to him'.

81

(5) Witthout prejudice to any other right of the Board !.in that behalf if a.ny amouDJt becomes refundable or payable by the borrower to the Board, the Board will be entitled to recover the same as arrears of land revenue.

8CHEDULE ABOVE REFERRED TO·"

(SET OUit the descIllption of the land)

IN WITNESS WHEREOF THE BORROWER has hereunto set his hand and Shlli ... i11 the office of the ... for and on _behalf of the Board has hereunto set his hand.

Signed by the sarid Borrower lin the presence of:

1st Witness: Address: Occupation:

2nd Witness: Address: Occupation:

Signed by ShrJ ... in tihe Office of ... in the presenc-e 'of:

1st Witn-ess: Addres-s: Occupation:

2nd Witness: Address: Occupation:

(For and on behalf of the Board)

FORM No. 5-D

Fonn of Agreement to be executed at the time of drawing an advance by Mormuga-o Port Trust Emp!oye{'s to repay the loan taken for construction of a House, (Regulation 7(7»

AN AGREEMENT MADE THIS ... day of ... one thous~nd nine hundred and ... BETWEEN ... son of . '. at present ser-ving as ... (hereinafter called «The Borrower>.' which expres­sion shall unless excluded by or repugnant to the suject or context include- his heirs, executors, administr'ltors and legal representatives) of the one part and the Board of Trustees of the Port of Mormugao (hereinafter called the «Board» which expression shall unless excludeq. py or: repugnant to the subject or context include his successors in office Clnd assigns) of the other part, WHEREAS the borrower deSires to repay a loan taken by him for construction of a house described in the schedule hereto annexed, an<i whereas the borrower has under the provision oJ the Mormugao Port Em­ployees' (Grant of Advances for Building of Houses) Regula­tions, (hereinafter refererred to as the «said Regulations». which expression shall, where the context so admits, incl.ude any amendment thereof or addition for the time being in force) applied to the Board for an advance of Rupees ... to repay the loan taken by him from the Third Party for cons­truction of a house as aforesaid and the Board has sanctioned an advance of Rupees .,. to the Borrower vide the office letter No .... dated .. , a copy of which is annexed to these presents for the purpose aforesaid on the terms and conditions set forth therein, now is is hereby agreed by and between the parties hereto as follows:-

(1) In consideration of the sum of Rupees •.• to be paid to the Borrower by the Board after executing this Agreem~nt to repay the loan taken by him for the construction of a house as provided in the said Regulationd. the Borrower hereby agrees with the Board to:

(a) repay to the Board the said amount of Rs .... ·(insert full amount sanctioned) with interest calculated in accordance with the sa'id regulations for the time being in force by monthly instalments of Rs .... from his pay commenCing from th~ month of .. , nineteen hundred and .•. and the Borrower hereby authorise the Board to make such deductions from his monthly pay /leave sala~y bills/ subsistence allowance bills.

(b) expend the aforesaid amount in th~ repayment of a loan taken by the Borrower fpr constr'ctlng a, house~

*" To be filled in by the Borrower,

82

redemption of the said house and to mortgage it to the Board within three months from the date of the receipt of the aforesaid advance of Rs .... , failing which the Borrower shall refund the enUre amount of the advance together with the lnterest to the Board forthwith unless an extension of time is granted by the Chairman.

(c) repay he difference to the Board forthwith if the actual amount paid for the redemption of the house is less than the amount received under these by the Bor~ rower.

2. It is hereby further agreed and declared that if the house' is not redeemed and mortgaged to the Board within three months from the drawal of the advance or within such time as the Board/Chairman may allow in this behalf. or if the Borrower becomes insolvent, or quits service of the Board, or dies, the entire amount of the advance toge­ther with the interest accruing thereon shall immediately become due and payable to the Board.

3. The Board shall be entitled to recover the balance of the said advance with interest remaining unpaid at the time of his retirement or death preceding retirement form the whole or any specified part of the gratuity that may be sanctioned to him.

In withness whereof the borrower has hereunto set his hand and Shri •.• for and on behalf of the Board set his hand.

The Schedule above referred to: (To be filled by the Borrower)

Signed by the said Borrower:

in the presence of

1st witness: Address: Occupation:

2nd witness: Address: Occupation:

Signed by Shri:

In the Office of:

In the presence of:

1st witness: Address: Occupation:

2nd witness: Address: Occupation:

(Signature of the Borrower;

for and on behalf of the BOard

FORM No.6

The Mormugao Port Employees (Grant of Advance tor BuUding of Houses) Regulations, 1973

SURETY BOND/vide RegulaJtJi<>n 7(b)

KNOW ALL MEN BY THESE PRESENTS thaJt I ... son of .,. a resident of ... lin the Distl1iot of ." at present employed as a permanent .• , in the ... (hereinafter called «the Surety») am held and finnly bound linto the Board of the Port of Mormugao (hereinafter called «The Board» which expression shall unless excluded by or repugnant to the subject or con­text include his successors in office and assigns) in the sum of Rs. ... (Rupees ... only) to be paid to the Board FOR WHICH PAYMENT TO be well and truly made. I hereby bind myself, my heirs, executors, admi1n:istrators, and repre­sell!tarbives firmly by these presents.

As witness my hamd this .... day~of '" one thousand nine hUiD.dred and , ...

WHEREAS ... son of '" a resident of ..• fin the d1:strict 'of '" rut present employed as a temporary /pennanent ... in the ... (hereinafter called «.the Borrower»). (bwt lis due to retire on ... ) applded to the Board for an advance Of iRs.

SERIES 111 No.6

for the .purpose of COll'.m.ruetiing a n'ew house or enlarging ~Iiv'ing aooommodatton ;jn an eXlistmg house/purchasing a ready built house.

AND WHEREAS the Board s8Jllottoned the payment of as .... (Rupees ... onlly) under the Mormugao Port Employees (Grant of Advances for building of houses) Regulations, 1973.

AND WHEREAS the Borrower has undertaken to repay the said amount lin ... monthly instahnents. AND WHEREAS the Borrower has further undertaken to mortgage the house· built/purchased. with the help of the said amount and to ob­serve the proViision'S of the said Regulations. AlND WHE~ REAS .tn consideration of the BoaI'd of Trustees haViing ag­reed to gr-ant the aforesruid advance to the Borrower the Su­rety has agreed to execute the above bond with such condi­tion as hereunder ds wl'Iitten.

NOW THE CONDITION OF THE OBLIGATION IS SUCH that if thE' srujd Borrower shall while employed !in the said or any other offic'e '" duly and regularly payor cau'Se to be pruid to the Board the amount of the aforesa'id advance owing to the Board by instalments until the swid sum of Rs. .,. (Rupees ... only) shall be auly pruid or mortgaged to the Board the house built/purchased referred to above whichever even happens earlier, then this bond shall be vo:i:d, otherwi'Se the same shaN be and remadn in full force and v-lrtue. BUT SO NEVERTHELESS that if the Borrower shall die or be­come insolvent or at &uy tume cease to be 1n the service of the Board the whole or so much of the said prinC'ipal sum of Rs .... (Rupee'S ... only) together w1th the jnterest as shall then rema;in unpaid shall immediately become due and pay­able to the Board _of Trustees and recoverable from the ,Su­rety in 'One d,nstalment by virtue of this bond.

The obJiigation undertaken by the Surety shaH not be dis­charged/or 'in any way affected by an extension of time or any other indulgence granted by ,the Boaro. to the sreid Bor­rower.

Signed and del,ivere-d by the ... at ". 'day ~f ... 19 ....

(Sig;nature of Surety)

DeSignation:

Office to which attached

Signakure, address and occupation 'of the witnesses

In the presence of

Sligned by Shri ." In the offlice of ...

d)

II)

For and on behalf of the Board of Trustees of the Port of Mormugao -in the presence of:

1st Witness ... Address '" Occupation .•.

2nd Witness .. , Address ... Occupation ...

FORM No.7

Mormugao Port Employees (Grant of advance for building I of houses) Regulations, 1973

FORM OF RECONVEYANCE FOR HOUSE BUILDING ADVANCES

vide Regulation lO(d)

rins DEED OF RECONVEYANCE IS MADE THE ... day Of ... 19 ... BETWEEN THE BOARD OF TRUSTEES OF THE PORT OF MORMUGAO (hereinafter called «the Mort­gagee» which expression shall unless excluded by or repugnant to the subject or context include his successors in office and assigns) of the .one part and ... of ." (hereinafter cal:led «the Mortgagor» which expression shall unless excluded by

• Strike out it not required.

I

10TH MAY, 19"13 (VA18AKHA 20, 1895)

or 'repugnant to _ the subject or context include his/her heirs, BX!eou/trors, adm/itn,istre'ttors !arid alSsi·gn:s) of the other Pal'lt.

WHEREAS by an Indenture of mortgage, dated the ... day of .. ' of ... 19 ... and made BETWEEN _the Mortgagor 'of the 'one pwt oam;d 1Jhe 'MlOl'tgagee ,\Of th'e other _par1t and" regtis­tered at ... in the Book ... volume ... pages ... to ... as No ... for ... (hereinafter called the PRINCIPAL INDENTURE). The Mortgagor by the said Principal Indenture mortgaged the property at ... and more particularly described in the Schedule ,hereunder vro~t:ten :00 th'e iMontgag.ee 00 secure an advance of Rs .... made by the Mortgagee to the Mortgagor.

AND WHEREAS ALL MONEY due arid owing on the se­curity of the PRINCIPAL INDENTURE have been fully paid and satisfied and the Mortgagee has accordingly at the re­quest .of ·the Mol1tgwgor -agreed to exeoute 'a reconveyance of the mortgaged premises as in hereinafter contained. NOW THIS INDENTURE WITNESSETH that the pursuance of the said agreement and in consideration of the premises the 'Mortgagee dOit!h her€lby grunt, 3JSs'1gn WId reconvey unto !the Mortgagor' ALL THAT THE piece of land situated at ... and comprised in the -said Principal Indenture and more parti-

. cularly described in the Schedule hereunder written with their ll'iighJts, easemenJts ·md appurtenan:ces 'ats in the PRJN­Cl!P AL INDENTURE e"pressed and all ,the ~stwtes, l1Ig1lt, title, interest, property, claim and demand whatsoever of the Mortgagee ,'into, out of or upon the said premises by Vlil1tue of the PRINCIPAL INDENTURE to have and to hold the pre­mi~es her.before ~pwssed 1:0 be !hepel>y ~ted, 'arssigned and 1'\eCOD:v.eyed ullltlO and 1Jo ibh:e use of the M}ort~g1Or. tforeVier freed and discharged from all moneys intended to be secured by the said PRINCIPAL INDENTURE and from all actions, suits, accounts, claims and demands for, or in respect of! the said moneys or any part thereof, or, for or in respect of, the PRINCIPAL INDENTURE or of. anything relating to the premises AND THE MORTGAGEE hereby covenants with the Mwtgagor ,tihllit :bite Mootgagee has not don" or l;inowlingily suffered <>r been .pal'ty K)r pl1ivy t:o ",,-;y1IJhIing Wfileooby the said premises or any part thereof are/is' or can be impeached, \incumbered or affeoted lin fbillile IOOtaltie :or 'O'th-erwli:se howso"ever, IN WITNESS ,whereof the Mortgagee has caused... on his behalf to set his hand the day and year first above written.

SCHEDULE ABOVE REFERRED TO

Signed !by , .. fur and :on behralf :of .the Mort~gee !in the pre­sence of witnesses ,~ ..

Witness:

Address: Occupation:

2nd witness:

Address: Occupation:

Signature

for and on behalf of the Board

By order,

Shivakuma'l' Dhindaw

Secretary

Mormugao, (Goa), 3rd April, 1973.

Notification

No. MPT/IGA(92)/73

v. no. 27838/1973

(2nd time)

As'required under Section 124(2) of the Major Port Trus,ts Act, 1963, the following amendment to the Mormugao Port Employees' (Pension and Gratuity) Regulations, 1966 adopted by the Board of Trustees as Ihereby published:-

Insert the following as a proviso to. Regulrution 53 (3) be­fore the Explanation:-

«Prov.ided that i.n a case lin which average emoluments as Ifeferred to in Regulation 50 are treated as emolu­ments for the purpose 'Of Death-cumwRetirement Gratuity

referred to in Regti~ati'On 47, such average emoluments shall be treated as pay».

Mormtigao (Goa).

2nd April, 1973.

Notification

By Order.

Shivakuma?' Dhindaw

Secretary

V. no. 2820£/1973

No. MPT/IGA(3)/73

As required under Section 124 (1) of the Major Port Trusts Act, 1963, lit is hereby notified that the Central Govern­ment vide Ministry of Shipping <MJ.d. T.ransport's letter" No. 7-PGA(2)/73 dated the 27th Marc!h, 197~, have accorded approval to. the amendment to the. M'Ormugao Port Trust (A:druptation 'Of RU~es) Regulations, 19'64 ipubl1shed in the Official Gazette <Nos. 33 and 34, Serles I rdated 16th and 23rd November, 1972 ·respect>ively.

Mormugao (Goa).

10th Aprll, 1973

••• Advertisements

By Order,

M. J. Kurian

Deputy Secretary

V. no. 28207/1973

Administration Office of the Comunidades of Goa

Section of Ponda

Notice

Orlando A, J. Sequeira Lobo, Administrator:

It is hereby announced that in accordance with the arti~ cle 489 of Code of ComurrMades, the below mentioned days has been fixed for the payment of jonos, dividends and other credlits of the Comunidades of this Taluka of Ponda, relating of the year 1972, from 9 a. m., to ·1 p. m, alt the counter of the treasury of each Comunidade:

After the referred days have elapsed the Clerks of the respe.ctive ComunidaJde shall give implementation to wha: has been established by law.

Days: 20th, 21st and 22nd May, 1973:

Bandora, jono Rs, 34/- (a); Bandora, jono Rs. 8-50 Ps. (a); Orgao, share Rs. 3/- (a); Candola, share Rs. l-50Ps. (a); Velinga, share Rs. 2-50Ps. (a); Boma, share Rs. 1-25Ps. (b); Talau1im., share Rs, 2-50 Ps. (b); Betqu.i, :share Re. ,1/- '(a); Vagurbem, share Rs. 2/- (a).

Days: 25th 26th and 27th May, 1973:

Borim, vangor Rs.. 160/w, jono Rs. 2-73 Ps. (a); 4..'dcolna, share Rs. 1-30Ps. (a); Ponchovadi, share Rs. 30/- (b); Codal', share Re. 0-50Ps, (b); Volvot, share Rs. 2/- (b); Cuncol1em, share R's. 0-40 Ps. (b); Verem, jono Rs. '1-'50 Ps. (a); Betora vangor Rs. 800/- (b);' Siroda, share Re. 0-50 Ps. (b).

Payment of jonos, dividends and other credits of the foHow­jug Comunidades, will be announced as soon as the funds are &vailable in the «Cofre»:

Cundaim, share Rs« -\1-50 Ps.; Tiurem, 'share Re 1/w; and Marcaim share Re. l/w.

There is no distribution in the following Comuniclades: ~ Vadi, . Priol, Querim, Candeapar, Curti, Conxem, Niran'Cal and Queula,

N: B. - (a) The safe exists in the respective Village. - (b) The safe is kept in the Section of Comunidades of Ponda.

Ponda; 7th May, 1973. -The,Administrator, Orlando A. J. Sequeira Lobo.

V. nO. 28230/1973

84

Administration Office of the Comunidades of Salsete

South Zone - Quepem Section

Notice

2 In accordance with the terms and for the purpose es~ tablished tin .the artide 3'30 of Code of 'ComuDlidades in force, !it dis hereby announced that Inesio Almeida Coutinho, resident of Margao, has applied on long lease for period of 18 years for cultt!i.vation of sugarcane, an uncu1tivated and unused land known 3JS «Corchemolla» 'Situated at Rirla and belonging to the Comunidade of Pirla of Quepem Taluka, covering an area of 20 Hectares (200.000 Sq. metres). It is bounded on the east WtLth the boundarUes of the V1illages of Surcorna and Dan­domem, on the west by Ussogolichem moHa of Sdvrunanda Vassudeva Salgaocar and others, on the north by river and on the south by land BaJida, Baida sordo, BortiUbrundi, moHa t.uodo, Culnantil rtucdo, patto, CuIna, Cu1nacodil morodda and Culna mateavolli moody of Crusna XeXli Nlllique Curado, Cus­tam Putu Nruique and other, Fonchodu Buto Folo Dessai, Na­rona Pa:ndu Folo iDessai, Pavoto Deuli, Comunidade of :Rl.rla, Avadu Vitola Folo Dessa!i and Comunidade of Pirla. - File No. 4~197(1.

If any person -has 'any objection against the proposed long lease, he should submit his objections tin writing to ,the A'dmi­IUistrator of Comunidaxles of Salcete-Quepem ISection, within. SO days from the second publ1cation of this notice in the Of­ffioial Gazette.

Margao, 19th April, 1973. - The Secretary, Jaganata Sinai Borca'r.

Notice

V. no. 28070/1973 (Repeated)

3 Sealed tender are invited by this Office upto 12 noon of 30th May 1973, for the supply of 8 woodden banches with the seating capacity of 6 persons in each banch and three arm chairs for the use of Sarzora Comunidade, in the value of Rs. 600/.

The tender should accompany a receipt of the deposit made in this Office, corresponding to 21h % of the above value.

The conditions of supply and other relevant informations can be obtained from the respective file No- 8/1973, whi-ch can be verified in this Office during Office hours.

The tender will be opened on the same day at 3.00 p. m.

Margao, 30th April, 1973. - The Secretary, Jaganata Sinai Borcar.

Seen by. - The Administrator, Elu Miranda.

V. no. 28171/1973

Section of Mormugao

Notica

4 In accordance with and for the purpose -established in the Section ;330 of the Code 'Of Comunidades, .tt i's hereby announced that The Commander, Base Supply Officer, Navy Office, Vrus-co da Gama, applied on permanent lease for a plot of land of Sancoale Comuni:dade, situated at Dabo'lim near Chapel, jn area 'Of 2500 sq. metres, for pur:pose of construction of houses, for accommodation for civilian employees of the Navy. It is bounded on the east, by private houses, on the west, Comtmidade land, acquired by Navy, on _the north, public road and D8,bolim Chapel and on the south, by private houses.

If any person has any objection agaimt the proposed Jease, he should submit his objections in writing to the Admi­nistrator of Comunidades !Of S.outh Zone, within 30 days from the 2nd publication 'Of Ithis notice in the- Official Ga­zette. - Fille no. 31,"1972.

Sambhaji, 21st April, 11l73.-The Secretary, Jeganata Sinai BOTcar.

Notice

V. no. 28105,01973 (Repeated)

5 In terms and for the purpose established in the Sec. 330 of the Code of' Comunidades, it is hereby announced that

SERIES III No.6

Shri Ramesh Vaman Shetye, residing ill Vasco da Gama. applied on permanent lease (aforamento) for a rocky and uncultivated plot of land of the Comunidade of Sancoale, comprised in the lot no. 61, for the purpose of construction of a house, covering an area of 6(}() sq. metres. The plot is bounded on the north by plOit «Vagal!» of Seguna Vitol Naique, on the south by the land of Oomunidade and road leadilllg from Sancoale to Dabolim, on the east and west by land of the COmunidade.

If any person has any objection against the proposed lease, he should submit his objections in writing to the Adminis­trator of Comunidades, within 30 days from the 2nd publi­catJon of this notice jn the Official Gazette.- File no. 30/1973.

Sambhaji, 11th October, 1971. - The acting Secretary, PUn­dolica Pandwronga Sina,i CacodcaT.

• V. no. 28129/1973

(Repeated)

Administration Office of the Comunidades of Sarde.

Notices

6 In accordance with the terms and for the purpose es­tabllished lin the art.icle !SSG of the Code of Comunlidades in force, it ifs hereby announced that Ignatius :Alnthony Alfred Almeida, resident of Guirim, has applied on ~ease for cons­truction of a house, the hilly, unculttivated and unused land named «Goulachi-Bar», lote no. ;UH, situated at Acol of Ma­pusa 'and belong'llng to the Comunlidade of Mapusa, covering an area of 600 sq. metres. ]t js bounded on the east, west and south by. the land of the Comunidade, and on the north, na­tional road leads to Mapusa-Bicholim. - Ftlle no. 55/1913.

If a:ny person has any objection against the proposed lease, he should submit his obections in writing to the Administrator of the Comunidades of lBardez, within 30 days from the se­cond publication of this notice in the OffliCiial Gazette.

Mapusa, 1mh April, i1,97'3-. - The aoting 'Hecretary, Sripada Govinda Sinai Quencro.

V. no. 28059/1973 (Repeated)

7 In accordance with the tenus and for pUl1pose esta­blished jn the article 1330 ,of Ithe COde of Comunidades in force, it is hereby announced that Narayan N. Phadte, resident of San­vordem of Sanguem Taluka, has applied on lease for construc­tion of a house, tile rocky, uncultivated and unused land named Vodacho Sorvo, lote P. no. 703, situated at Alto de Eadem of Salvador do Mundo and belonging to the COmunidade of Seml'a, covering an area of 600 sq. metres. It is bounded on alll the sides with the remaining 'Part of the same lote. - F.i1e no. 59/1973.

Lf any person has any objection against the proposed lease, he should submit his objections in writing to the Admi­nistrator of the Comun'idades of Bardez, within 3Q days from the second publiCftltion of hllis notice in the Official Gazette.

v; no. 28124/1973 (Repeated)

8 In accordance with the terms and for purp'ose esta­blished in the article 330 of the COde of Comunidades in force, it is hereby 'announced that Madukar N. Phadte, resi­dent of Panaji, has appUed on lease for {!orustruction of a house, the rocky 'Uncultivated and unused land named Voda­cho Sorvo, lote P. no. 703, situated at Alto de Badem of ,S'alvador do Mundo and belonging to the Comuntdade 'Of Serula, covering an area of 600 SiS. metres. It is bounded lOn all the sides by tile remaining part 'Of the same lote. - File no. 58/1973.

If any person has 'any objection against the proposed 'lease, he should submit his objections in writing to the Admi­nistrator of the Comun'idades of Bardez, within 30 days from the second publica.Jiion of this notice in the Official GazeHe.

Mapusa, 27th April, 1973. - The acting Secretary, Sripada Go'Vinda Sinai Quencro.

V. no. 28125/1913

(Repeated)

9 In accordance with the terms and for the purpose established in the article 330 of the Code of Comunirdades in

-

)

i

85 10TH MAY, 1973 (VAI8AKHA 20,1895) ~--~--~----~~----------------------------force, it is hereby announced that Jose Paulo Brito •. resident at Zambugale of Mapusa, has appilled on lease for CODiitruc­tron of a house, the hilly, uncultivated and unused land named «Goulachi-Bar». dote no. WI, situated at Acoi of Mapusa and belonging to the Comunidade of Mapusa, covering an area of 600 sq. metves. It is bounded on all sides by the land of the \Same 'Comunidade. - File no. 117/1973.

If any person has any objection against the propose-1. Jease, he should submit his objections in writing to the Ad­m.1nistrator of the 'Comunidades of Bardez, within 30 days from !tl1e second publication of this notice in th~ Official Gazette.

Mapusa, 30th April, 1973. -The aoting ,Secr.etary, Sripada Govinda Bimai QUencro.

V. no. 28138/1973 (Repeated)

10 In acco11dance with .the tenns and for the purpooe estaDlisrued .in the 'article -330 ,of the Code of Comunidades in force, it is hereby announced that Joao Brigidio Mascare­nhas, resident" of 'Divim, has appUed on lease as an appendage for the purpose of construction of a garage, the hilly, uncul­tivated and unused land named «OttliGhem Gallufn», lote nQ. f40:1, situ<lited at ToiV!im -aDJd. belQngIng to the 'Comunidade of Tivim of the same village, -coveting an area of 250 sq. rom.

It is bounded on the east and ·south by the remaining part of the same lote no. 401, on the north by the aforamento of the applJ.cant and on the west by the strip of !land reserved along the n'ational road that leads to Mapusa-BichoIim .. -File no. 70/19Q2.

If any person has any objection a~inst the proposed lease, he should submit his objections in writing to the Adminis­trator of the Comunidades of Baroez, within 30 days from tile secOiDd publ:ication of this Dotrice .in the Official Gazette.

Mapusa, 24th April, 1973. - The acting Secretary, Sripada Govinda gi.tJw.i Qu.encr6.

V. no. 28172/1973

11 It 1s hereby announced that IOn 15th June 1M3, at II a. m. at the door :of the aboVlesatd OM1ce, aruotli.on w.ill be held of a ,plot Df 11311.d, . uncul,tivated and unused, named «Oiteiro de D.anua» -lote no. 4."-00 - situated at "Divim and belonging to the Comun-idade of TiVlim, appI:i.ed on lease for -construction of a residential house by Salvador XaVier Perei:ra, from T.ivim, .coverting an· area of 573 sq. mts. It ds bounded on the least by the str.ip of 'land :reserved along the Toad Which goes to Danua, on the west. by !the land of the Comun1dade, on the north by the land of Comurllidade adjudi­cated to Emilia Castelino, in file no. 55/67 and on the south by the land granted to Te:reza de IJima, beLug the auction price the annual lease ~ent of Rs. 42/-.

It is also announcoo that the contootLug bidder win have to produce at least before the time fixed for the aucNon an aflfidav:it to ~establlsh that neither he nor any dependent member of his family owns 3-4Y house or 'a share Un Lt within the Tiv,im vhllage 'Or within a dristance of 5 kms. from the said plot «Oiteiro de Danua. - FUe n-o. 105/1967.

Mapusa, 28th April, Ll9'T8.-The actIng Secretary, Sripalla Govimda Sima,i Qu..,.cr6.

Seen by. - The Administrator, Marcelino G. Fernandes.

V. no. 28173/1973

Marcelino Caprestino Fernandes, .A.dmmistra-tor:

12 It is her.eby anrnounced that according to the terms of Sec. 50.S of the Code of Oomunidades 'in force, the below mentioned dates are set for auditing of accounts of the com­munal year 1972..:197"3, of the ComunidaKles of Bardez, Bicho­lim land Pel'lllem. as mentioned below.

The clerks of respective Com·unidades should be present on the fixed dates at 10 a. m., in the above Office for the check­ing of respectJive accounts and must notify the key-keepers as per Sec. 510 of the said Code and send to t\he above said Office, the books, 'documents and necessary papers for the above pUlWose, wJth antfJicipattion of at :least 8 days.

Ba;rdez taluka

JunelJ973:

Corllim 4; Paliem 8; Calangute 11; Nerul 13; Siolim 18; Arpora 2(}; Canca 22; Sirgaim 26; Pomburpa 29;

July 1973:

. Fraternal de Aldona 2; Cunche1im 4; Sangolda 9; Assa­gao 13; Nadora 16; Camorl'im 18; Nagoa 20; Marna 23; Boa­-Esperanga de Mdona 27; PUerne \30;

Augmst 1973:

Revora 1; Anjuna '6; Bastora 18; M>apusa 10; Parra 13; Saligao 17; SeruIa 22; Marra 27;

September ,1973:

Assonora 3; Guhum 5; Moira 7; PUnola 10; lNachinola 17; Tivim 19; Oxel 24; Candolim 28;

Octob~r 1973:

Colvale 3; Verla 5; Pirna 8; OlauIim 10; Ucassaim 15;

Bection of Bicholim

July 1973:

ArvaJem 3; Amona 7; Borel-em 10; Mulgao 13; RHigao 17; Cotombi 21; Dumacem 24; Velguem 28;

August 11973:

Sarvona 4; L~tambarcem 7; Surla 14; Vainguinim 18; Navelim 20; UlSgao 25; Mencurem 27; P,issurlem 29;

September ,11973:

Pale 4; Advolpale 11; Sirtigao 1'5; Naroa 18; Bicholim 22; Cudnem 25; Gangem 29:

Sectio~ Of Pernem

July 1973:

Ibllampur 4; Morgim 1·1; Them 18; Mandrem 25;

August 1972:

Paliem 1; Uguem 8; Pernem 22; Virn'ora 29;

September 1973:

Agarvado 5; Alorna 12; Arambol 19; Darga11m 26:

Mapusa, 3nd May, 1:973.~The Administrator, ]I!larcelino Oaprestino Fernandes.

V.no.28180/1~73

Marcelino Caprestino Fernandes, Administrator:

13 I hereby make .it known, in conformity With article 4.89 of the Code of Comunidades in force, that below men­tioned days have been fixed for payment of "jonos", diVi­dends of shares and other credits of Comunidades of this 'rauka, relating to the year 1972, from 10 a. m. to 2 p. ffi. at the counter of treasury of each Comunidade.

Days 13th, 14th, 15th, 16th and 18th May, 1973:

~raternal de Aldona: Jono Rs. 1-90 and 1.6 jono Rs. 0-95 p. AnJuna: Jono of Hindus Rs. 7-25: Jono of Catholics Rs. 7-15 and share Rs. 1-20; Arpora: Share Rs. 17-70; Assonora: Jono Rs. 35-30; Candolim: Share Rs. 2-85; Mapusa: Jono Rs, 18-50 and ;6 Jono Rs. 9-25; Moira: Jono 8-50, % Jono Rs. 4-00 and % Jono Rs. 6-25; Nagoa: Sharp. Rs. 3-44; Nerol: Share Rs. 9-30; Parra: Jono Rs. 13-76, 1.6 Jono Rs. 6-88 and 1/8 Jono Rs. 1-72; Pomburpa: Share Rs. 2-75; Sa]!gao; Jono Rs. 6-40 and jono de Pausto Rs. 6-34; Sangolda: Jono Rs. 13-50, % Jono Rs. '6-75 and share Rs. 0.47; Sernla: Fre­guesia 'de Socorro - Jono de Porvorim e Ararirn Rs. 9-88, Jono de oleiro$ Rs. 5-10, Jono of remaining wards of Socorro Rs. 10/- Jono of Hindus of Ladvado Rs. 10-30 and share Rs. 3-10; Freguesia de Salvador do Mundo: Jono de Fr-eguesia Rs. 9-85, jono de Umbrencares Rs. 27-00, and share Rs. 3-10; Freguesia de Penha de Franga: Jono de Freguesia Rs. 10-60, % Jono Rs. 5-30 and share Rs. 3-20; Freguesia de Velotim: Jono de freguesla: Rs. 9-18 and % jono Rs. 4-59 and share Rs .. 3-00. Tivim: Jono Rs. 7-30 and % jono Rs. 3~65.

Days 21st, 22nd and 23rd May, 1973.

Assagao: Jono Rs. 2-00 and share Re. 1~00; Bastora: Jono Rs. 6-50; Boa-Esperan!;a: Jono Rs. 2-36; Colvale: Jono Rs. 10-10; Cunchelim: Share Rs. 9-40; G.uirim: Jono Rs. 12-50; Marna: Jono Rs. 28~00; Oxel: Jono RB. 133.:86; Paliem: Share Rs. 2-48; Pllerne: Jono Rs. 17-84 and jono de Culacharim Rs. 17-63; Punoh\.: Jono Rs. 11-00; Verla: Jono Rs. 13-50 and share Rs. 0-74 p.; Siolim: Share Rs. 8~10.

86

Days 26th, 27th and 28th May, 1973.

Camorlim-: Jono Rs. 7-20 and share Rs. 3-70; Corlim: Share Rs. 18-50; Marra: Share Rs. 3-60; 01au~im: Jono RsA-DO.

Days for payment of jonos, diVidends of shares etc. of the following Comunidades will be announced as soon as the funds are available in the coffers:

Calangute: Share Rs. 3-97; Canca: Jono Rs. 11-68 and share Rs. 0-58 p. Nachinola: Jqno Rs. 16-04; lh jono Rs. 8-02 and 1/4 Jono Rs. 4-01; Sirl,;aim: Jono: Rs. 10-57; Ucassaim: .Jono Rs. 4-00; RevorA-: Jono Rs. 37-24 and % jono Rs. 18-62; Nadora: Jono Rs. 4-86 and % jono Rs. 2-43; Pirna Jono Rs. 23·13.

Mapu.,:.a, 3rd May, 1973. - The Admlinistraoo'r, ]li"arceUno Caprestino FeT'l'tandes.

V. no. 28181/1973

• • Comunidades»

Tivim

14 The above mentioned OomUnridade ;is convened to meet for an extraordinary meetilng, at its Meeting House, at 10 a. m. on the f-oul1th Sunday after the publication of thls notice in thf Official Gazette, in order to delibera,.te on the file no. 2 of 1973, wherein Conrad Francis de Souza, ;resi'<ient of 'Divim, asks on lease for construction of a house, the hilly, unculti­vated and unused plot, named «Condichem 'Gallum», lote no. ·399, Situated at Tiv-im and belonging to Tiv.im Comunidade. bounded on the east, with the plot of Pedro Antonio Barreto, on the west, with the plot of Narana Sacarama Zo, on the north, the strip of the same plot" reserved along the national

SERIES III No.6

h~ghway Mapusa-Bicholim and' on the south; with the plot of the C01;nunldade reserved for. road, covering 'an area of 600 sq. metI1es.

'I1ivim, 2nd May, 1973. - The 'Clerk, Visitagao Cristo Rei Socorro Pereira.

V. no. '28174/11173 Serula

15 The above mentioned Comunidade is hereby .convened to meet at its Meeting Place,. on 3rd Sunday, after the publi· cation of this notice in the OffJ.olal Gazette, at 11 a. m., 'in order to give its opinion on the file no. 32/1972, in which Parrduronga Mucunda Camotim Aldoncar, resident at Mar· gao, has applied on lease as appendage for the purpose of construction of a garage, the hilly, uncultivated and unused land, comprised in lote no. 157, situated at Alto de Betin\ and belong;jng to this 'Comunidade, ;coverung an area of 125 sq. metres. It is bOJ1nded on the east, north and south, by the land of the Comunidade and on the west by the 'pro­perty of the applicant.

Serula, 23rd Apl1il, '1973. - The Clerk, Madeva Bicu Sinai Jl.fulgaocar .

V. no. 28210/1973

• Private advertisement

16 Antonieta Maria Hortencia Rodrigues,. widOW, from Carmona, wishes to transfer in her name 4 shares of Comu­nidade of Carmona Nos. :3-53, G56, '357 and 942, Share Certif.i~ cat" Nos. 1\l4 A, ,167 A, 1&8 A and 411 A, belong>!ng to 'her Ihte husband of Carlos Joao Anselmo Rodrigues, from Carmona, as wen as to .collect from the same Comun:idade unpaid divi­dends from 1966 till date and !invites the claims within legal period.

V. no. 28203/1973

GOVT. PRINTING PRESS-GOA

(Imprensa. Nacional- Goa)

PRICE - Rs. 2·00