INDEMNITY BOND:IN CASE OF MISSING PENSIONERS

  

KNOW ALL MEN by these presents that we(a) ----------------------------

 

(b) the widow/son/brother/nominee etc. of (c) --------------------------

----------------- who had retired/was discharged in the rank of -----------------from -------------------------------------------- unit/corps and who was in receipt of Pension from Principal Controller of Defence Accounts (Pensions) is reported to have been missing since ------------------ (hereinafter referred to as ‘missing Pensioner’)  resident of -----------------------------                  ( hereinafter called “ the Obligor”) and (d) -------------------------------------- son/wife/ daughter of Shri------------------------------ resident of ------------------------------------------- and ------------------------- son/wife/daughter of -------------------------------- resident of ----------------------------------------------the sureties for and on behalf of the obligor (hereinafter called “ the Sureties”) are held firmly bound to the President of India (here in after called “the Govt.”) in each and every sum being the arrears of pension and monthly family pension and Dearness relief thereon well and truly to be paid to the Govt. on demand and without a demur together with simple interest at the rate of -------- % per annum from the date of payment until repayment for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.

 

Signed this -------------------- days of ------------------- one thousand nine hundred and---------------------------------------------.

 

WHEREAS (C) -------------------------- was at the time of his disappearance a Govt. Pensioner receiving a pension at the rate of Rs. --------------------------- ( in words) ------------------------------------------------------only per month and dearness relief thereon from the Govt.

 

AND WHEREAS THE said 1 (c) ----------------------------------------------disappeared on the  ------------------------------ days of ------------------------19------- and there was due to him at the time of his disappearance the sum equivalent of arrears of pension due.

 

AND WHEREAS the Obligor is entitled to family pension at Rs. -----------(Rupees ---------------------------- only) plus admissible Dearness relief thereon.

 

AND WHEREAS the Govt. has agreed to make payment of the said sum of Rs.  -----------------------------  ( in words) ------------------------------------only and the monthly family pension at Rs. --------------------------------------- (in words) ------------------------------------ plus Dearness relief thereon to the Obligor and the sureties entering into a Bond in the above mentioned sum to indemnify the Govt. against all claims to the amount so due to the aforesaid missing pensioner.

 

AND WHEREAS the obligor and this his/her request to the Surety/Sureties have agreed to execute to the bond in the terms and manner hereinafter contained.

 

NOW THE CONDITION OF THIS BOND is such that if after payment has been made to the Obligor, the obligor and/ or the Surety/Sureties shall in the event of a claim being made, by any other person or the missing pensioner on appearance, against the Govt. with respect to the aforesaid sum of Rs. ---------(in words) ----------------------------------- and the sums paid by the Govt. as monthly family pension and relief as aforesaid them refund to the Govt. the said sum of Rs. -----------------  (in words)  --------------------------------------and each and every sum paid by Govt. as monthly family pension and relief together with simple interest @ --------------- % per annum and shall, otherwise, indemnify and keep the Govt. harmless and indemnified against and from all liabilities in respect of the aforesaid sums and all costs incurred in consequence of the claim there to. THEN the above written Bond or obligation shall be old and of no effect but otherwise, it shall remain in full force, effect and virtue.

 

AND DTHESE PRESENTS ALSO WITNESS that the liability of the Surety/Sureties hereunder shall not be impaired or discharged by reason or time being granted by or any forbearance (set or omission of the Govt. whether with or without the knowledge or consent of the Surety/Sureties in respect of or in relation to the obligations or Conditions to be performed or discharged by the Obligor or by any other method or thing whatsoever which under the law relating to sureties would but for this provisions shall have no effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Govt. to sue the Obligor before using the Surety/Sureties or either of them for the amount due hereunder, and the Govt. agrees to bear the stamp duty, if any, chargeable on these presents.

 

IN WITNESS WHEREOF the Obligor and the Surety/Sureties hereto have set and subscribed their respective hands hereunto on the day, month and year above written.

 

Signed by the above named ‘Obligor’ in the presence of ----------------------------------------

------------------------------------------

 

signed by the above named ‘Surety/Sureties’-------------------------------------------------------

 

Accepted for and on behalf of the President of India by_________________________

(Name and designation of the Officer directed or authorised, in pursuance of Article 299(1) of the Constitution, to accept the bond for and on behalf of the President) in the presence of  ____________________________________________________________

(Name  and designation of witness)

 

Note I (a)            Full name of the claimant referred to as the Obligor

 

State relationship of the ‘Obligor’ to the missing pensioner

 

No. and name of the ‘missing pensioner’

Full name or names of the Sureties with name or names of the father(s)/husband(s) and place of residence.

 

Note II The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force.

 

Note III            The rate of simple interest will be as prescribed by the Govt. from time to time. It is 6% per annum on the date of issue of the O.M.