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.