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THE
MANIPUR
MIN'STERS, SPEAKERS
AND CHAIRMAN
HILL AREAS
COMMITTEE OF
THE
LEGISLATIVE ASSEMBLY
(
GRANTOF
MOTOR CAR
ADVANCE ) 31-131.,
1976.
AU»A
h BIEL'NW' to
provide
for
the
facilities for grant of
Motor Car
Advance to
the Ministers, Speakers and Chairman Hill
Areas
Committee
of
the
Legis-lative
Assembly. It is
hereby
enacted in
the
Twenty~seventh year of the
Republic
ofIndia as
follows :— l.
(l)
This'Act may
be
called the
Manipur
Ministers, Speakersand
Chairman,
Hill
AreasCommittee
of
the
Legislative
Assembly
(Grantof
Motor Car
Advance) Act,
1975.
(2) Itshallcome
into
force
with
immediate effect.
2. In
this
Act,
unless the context
otherwise
requires
:— (a)
"Chairman" means
Chairman of
the
Hill
Areas
Committee of the
Legislative Assembly,
Manipur; ('0)
"Form" meansa form
specified
in the
Schedule
appended to this Act ; (c)
'
"Minister" means a
member of
the
Council of
Ministers by Whatname
called,
and
includes a
Minister of
State
and a
Deputy
Minister ;
(d) "Speaker"
means
the
Speaker
of the
Legislative
Assemblyof
Manipur
and
includes
Deputy Speaker
; (e)
wordsand
expressions not
defined herein but
defined in the
Salaries and
Allowances of
Ministers
(
Manipur ) Act,
1972
(Manipur
Act No. 3
of
1972)
shall
have the
meaning respectively assigned to themin
that Act. '
3.
The total amount
of
advance which may be
granted
to a 'Minister for the
purchase
of
a
motor car
shall not
exceed
sixteen thousand rupees
or
sixteen months'
Salary
of the
Minister or the anti- cipated price ofthemotorcar
whichever is less.
If
the actual
price.
ofthe motor car
paid
by
the
Minister is less than
the amount
of the
advance,the
Minister shall
refund the
balance to
the
Government
forthwith. EXPLANATION. liFor the purpose of
this
section
"salary?
does not
include conveyance and
other allowances. Short title
and com-
mcncement.
Definitions. Amount of
advance.
Recovery of Advance. Commence- ment of
recovery. Interest. Instalmems of
interest. lecovery of balance before
vaca- ting
oflice. Restriction on lalc
or transfer. Refund of advance.
(2)
.
EXPLANATION. 2Inthissection the
expression
"actual
price"
includes sales taxand costof such
items, eg.
Spare wheel, tyre and
tube. onthe
purchase
of which the
purchaser hasno choice. Itdoes
not, however,
coverthe costofcertain
accessories,e.g. radio inacar,
plastic covers, which arenot essential
and are
purchased
by
the customer Of
his
own volition.
Insurance and
registration
charges
of
the vehicles are also
not included
in the "actual
price"
and shall
also
cover in the case
of
first
purchase
the
following
items-—
(i) Costof
transportation of
the
conveyanceupto the
place
of duty oftheMinister atthe timeof
purchase irrespective of
whether the
transport is
arranged
by
the distributors or
by the Minister himself;and
(ii) theoctroi
charges actually paid.
4.
Recovery of' anadvance
granted totheMinister for the pur-
chase of amotor carshall be madefromhim in suchnumber of
equal monthly
instalments ashemayelect, but such number shall notbe more than
sixty.
The Minister may,
at his
option, repay more than one instalment
in a
month,
the instalment orinstalments so
repaid being equals or
muitiples ofthe
regular
monthly instalment.
5. The recovery of
the advance shall
commence on the first issue of his
salary
after theadVance is
drawn, by way of
deduction from his bill.
In casethe Minister intends to
repay by making any further
instalment
during the
petiod
before theissueofhis
subsequent salary, the same
may be made
through
chalan.
6.
Simple
interest atsuch
rates as may be fixed
by
the Government {rem time totime shall
be
charged onanadvance
granted to a
Minister for the
purchase
of amotor car.Such
interest shall be calculated onthe balance
outstanding onthe last
day
of each month. '
7. The
amount of
interest calculated
under section 6 shall
be recovered intheminimum
numberof
monthly
instalments, the
amount of each suchinstalment
being not
greater
than the amount of instalment fixed for
the
recoveryof the
advance, commencing on the
month immediately following thatinwhich
repayment of theadvance is completed.
8. Where aMinister
Vacates ofiice before the
completion
of' repay- ment of
the advance
drawn
by him,the
entire balance
remaining unpaid out of
the advance 5)drawn
together
with
interest
due
theieon shall be
repaid
by
the Minister
in one
lump sum before
he
vacates ofiice
I
9. A Minister shall notsell or
transfer
the
motor carfor so
long asthe
amountof
advance
together
with theinterest thereon is not completely repaid,
except with the
permtssron of the Governor.
10. Unless
the Minister
who is sanctionedan advance for
the purchase of
amotor car
completes the
purchase of,
and
pays for,
the motor carwithin onemonth
from the date onwhich
he draWS the
advance, hezshall
refund forthwith the full
amount of advance drawn
together with interest onthat
amount for one
month;
2
(3)
Provided that
the
Governor may,
if for
special reasons
he
think:
fit, «tend the
period
of one
month upto
a
period
of
two
month.
11.
A
Minister
shall,
on
the date on
which he draws an
advance, execute an
agreement
in
Form I. On
completing
the
purchaSe
of
themotor
car,
he
shall
also execute
within one
month
from the date
of purchase,
a
mortgage
bond in
Form II
hypothecating
the motor car
to the
Governor as
security
for
advance.
12.
(l)
A
Minister who
purchases
amotor car
with an
advanceobtained from
the
Government
shall,
from the
date of its
purchase comprehensively insure,
and so
long
as
the
advance
and the
interest onSuch advance is not
fully repaid,
keep
so
insured the motor
car
against loss or
damage by fire, theft
or
accident.
,
(2) An
insurance
prOposal
in
Form III shall
be
forwarded by
theMinister to
the
Accountant
General,
Manipur through the
Governmentof
Manipur
in the
Finance
Department.
13.
The'amount for
which
a
motor car
is
insured for any
period shall not
be
less than the
outstanding
balance of
the
advance,
with interest
accrued,
at
the
beginning
of
that
period
but if
such amount
is less,
the
difference shall .be
refunded to
the
Government forthwith innot
more
than three
equal
monthly
instalments.
14. In so
far as
the
provisions
for
sale, transfer,
insurance,
or mortgage
of the motor car
purchased with the advance
granted
to a Minister or
for
the
mode of
calculation of
interest on
the
advance or for repayment thereof have not
been made
by
this
Act,
the matters shall be
regulated by
the
rules and
decisions of the
Government of
Indiaas
laid
down in
the
General Financial Rules from time to
time and applicable
to
Class I
Oflicers
serving
in
connection with
the State
of Manipur.
15. The
foregoing provisions
of
this Act
shall mutatis
mutandis apply
to
the grant
of motor car
advance to,
and
its repayment
by
the Speaker
and
Chairman of
the Hill Areas
Committee
and to
all
othermatters
relating
thereto as
they
apply
to
the
grant
of
such
advance to and
its
repayment
by
a
Minister. l6.
(1)
On and
from
the date of commencement of
this Act and existing
the
Manipur
Ministers and
Speaker (Grant
of
Motor Car Advance) Rules,
1965 shall stand
repealed.
(2) Anything doneor
any action taken
(including any noti- fication, order,
Form,
made or
issued)
under the
repealed
Rule
shall in.
so
far as
it is not
inconsistant with the
provision
of
this
Act, continuein force unless and until it is
superseded
by
any-thing
done or
any action taken
in
accordance
with
law. and morte 828°
bonds. Amount 0! insurance. Applicabili- ty of
rules and
decision:
of
Govt. of Manipur to certain matters. Applicabili- ty of
rules to
speaker and
Chair- man
of the Hill
Areas . Committee. Repeal and Saving.
SCHEDULE
FORM 1
C Seesection11)
FORM OFAGREEMENT
TO BE EXECUTED
BEFORE
DRAWING ANADVANCE
FOR THEPURCHASE
OF AMOTOR
.
VEHICLE
An AGREEMENT made onwd—rday of..._.__.__ _
one thousand
nine hundred andMBETWEEN—m__———— (hereinafter
called the
Borrower which expression
shall include his heirs,'administrator~3, exeCutors and
legal representatives) of the one
part'and the Governor of
Manipur (hereinafter called the
Governor,
,
which expression shall include his
successors and
assignees) of the '
other
part. Whereas the Borrower hasunder the
provisions
of
the Manipur Ministers, Speakers and Chairman ofthe Hill
Areas Committee (Grant of Motor Car
Advance )
Act, 1975
(hereinafter rejerred to as the said
Rules which expression shall include anyamendments thereof forthe
time being
in force)applied to the Governor for a loan of
Rs.———¢-— _._..
-—-———-— for the
purchase
of a motor vehicle
and whereas the Governor has agreed to lend
the said amount to the
Borrower on the terms and conditions hereinafter contained. NOW 11' ISHEREBY
AGREED
between the
parties
hereto that
in consideration of the Sumof
Rs.——————-———-———-— ——to be
paid
by the Governor to the
Borrower, the Borrower hereby
agrees with the Governor (1) to
pay the Governor the said
amount with interest calculated
according to the
_ provision
of
the Act
by monthly deductions from his salary as
provided
in
the said Actand hereby
authorises the
Governor to make suchdeductions, and
(2)
within one month from the date of
payment
of the said sumto
expend the full
amount of the said loan in
purchase
of a motor vehicle
or if theactual
price paid is less than theloan, to
repay
the difference tothe Governor forthwith, and
(3) toexecute a document hypothecating the said
motor vehicle to the Governor as security
for the amount tobelent to the
Borrower as aforesaid and
interest in the form
provided
by the said Rules and'iT lS
HEREBY AGREED
AND DECLARED
THAT
IF
THE MOTOR VEHICLE
has notbeen
purchased
and
hypothecated as
aforesaid
within one month fromthe date of the
payment
of the said sum orif
the
Borrower within that
period
becomes; insolvent or
quits office or
lies, the whole
amount of the loan and interest accrued
thereon
shall immediately
become due and
payable»
IN, WITNESS
whereof theBORROWER and—5 ——-;for
'
and onbehalf
of the
Governor have hereunto set
their
hands the
day andyearfirst before written.
7
(5; *
_Signed by thesaid-———---7_—— in the
presume
cf
1.
2'
.
..
'(
Signature
of witnessas
) ,
U
( Signature anddesignation of the" Borrpwe; )
Signed by _( name
and.
desigflatioq) for and on behalf
éftbe Gevemo}. of
Manipur
in
the presence
of .
1:4
2.
-
(
Signature
Qf
witness ) ( Signature
and designation. of the
Ofiicer
).
'5
Name
and
designation
of the
Bdrmwer,' '
(6)
FORM II
(See
section11 3
FORM OF
MORTGAGE BOND FOR
MOTOR
VEHICLE
INITIAL ADVANCE
THIS
INDENTURE made this
—————-—«————
day
of
——-~—-—-— one
thousand nine hundred and
————-—~—
BETWEEN
—-——————— (hereinafter
called"the
Borrower which
expression
shall
include
his heirs,
administrators executors and
legal representatives)
of the One part andthe
Governor of
Manipur
{
hereinafter calledthe
"Governor"
)
which
expression
shall include
his successors
and
assignces)
of
the other
part. WHEREAS the
Borrower has
applied
for and has been
granted an
advance
of
Rupees-———to purchase
a
Motor
vehicle under the
Manipur
Minister,
Speaker and
Chairman Hill Areas
Committee (Grant of
Motor Car
Advance) Act, 1975
(hereinafter
referredto as "the said
Act".which
expression
shall
include any
amendment thereof oraddition
thereto for the time
being in
force; AND WHEREAS one of the
conditions upon which
the said advance has
been/was granted
to
the
Borrower
is/was
that the
Borrower will/would
hypothecate thesaidMotor
vehicleto
the
Governor as
a security fortheamountrenttothe
Borrower ;
AND
WHEREAS the Borrower has
purchased
with or
partly
with the
amountsoadvancedas
aforesaid Motor
vehicle
particulars
whereof are
set
out in
the
Schedule hereunder written.
NOW THIS
INDENTURE WETNESSETH that
in pursuance of the said
agreement and fortheconsideration
aforesaid the
Borrower doth
hereby
convenant
to
pay
to the
Governor the sum
of Rs.
————— aforesaid orthe
balance thereof
remaining unpaid
at
the
date of
these presents by
equal payments or" Rs.
—~—-—-—- —- eachon thefirst
day of every month and will pay interest on the sum
for the time
being remaining dueand
owing
calculated
according to thesaid
Act and the Borrower doth agree that such
payments may be
recovered
by monthly
deductionsfromhis
salary inthemanner
provided by
the said Act.
And in
further pursuance of the said
agreement
the
Borrower doth
hereby
assign
and
transfer
unto
the Governor the Motor
Vehicle the
particulars
whereofare setoutintheSchedule
hereunto
written
by way of
security
for the
said advance and the
interest
thereon
as
required by the said
Rules. And the
Borrower doth
hereby agree and
declare that
he
has
paid in full the
purchase
price
of the
said Motor Vehicle and that the same is his absolute property
and
that he
has not
pledged
and so
long
as any money remain
payable to
the
Governor in
respect
of the
said advance, willnot
sell,
pledge or
part with
the property
in or
possession of
the said
Motor
Vehicles;
('7) _
PROVIDED
ALWAYS, and itis
hereby agreed and
declared, that if any of
the
said instalments of
principal
or interest shallnotbe
paid or
recovered
in the manner aforesaid within ten
days
after the
same are due or if the Borrower shall
dieorat
any time cease to be in Office orif
the Borrower
shall
sellor
pledge or
part withthe property inor
possession of thesaidMotor Vehicle orbecome insolvent or make any
compositicn or
arrangement withhiscreditors or if any
person
shall take
proceedings
in execution
of any decree or judgement against the
Borrower, the
wholeor"thesaid
principal sum which shallthenbe
remaining
dueand
unpaid
together
with
interest thereon calculated asaforesaid shall
forthwith become
payable.
AND IT
IS
HEREBY
AGREED
and
declaredthatthe
Governor may onthe
happening
,of any of the
events herein before mentioned seize and take
possession
of
the said
Motor Vehicle and either remain in
possessinn
thereof without
removing
thesameorelsemayremove and sell thesaid Motor
Vehicle either
by
public
auction or; private con- tract and may
out of the sale money retain
the balance of
the said advance then
remaining unpaid
and
anyinterest
due
thereon calculated as aforesaid
and all costs
charges;
expenses and
payments properly incurred ormade
in
maintaining, defending or
realising his
rights hereunder and"shall pay overthe
surplus, ifany, to the
Borrower, his
executors, administrators or
personal
representatives;
PROVIDED
FURTHER thattheaforesaid power of
taking
possession or
selling of the
said Motor
Vehicle
shall not
prejudice the
right ofthe
Governor, to suethe
Borrowerorhis
personal
representatives
for
the said balance
remaining dueandinterest orin thecaseofthe
Motor Vehicle
being
sold, the
amount
by
whichthe netsale
proceeds
fall short of the amount
owing;
AND the BOrrower
hereby
further agrees that so
long as
any
moneys are
remaining dueand
owing tothe Governor, the
Borrower, will
insure and keep
insured thesaid
Motor .Vehicle
against loss or
damage by
fire, theft, oraccidentwith an insurance
Company tobe
apnroved
by theAccountant General con- cerned andwill
produce
evidence tothe satisfactiOn of theAccountant General that
the Motor Insurance
Company
with whom the said
Motor Vehicle isinsuredhavereceived
noticethat theGovernorisinterested in the
Bolicy;and theBorrower
hereby
further agreesthat hewill
not permit orsufferthesaidMotor Vehicle tobe
destroyed or
injured orto deteriorate in a
greater degree thanitwould
deteriorate
by
reasonable wear and
tear
thereof; AND the Borrower further agreesthatin theevent of any
damage or accident
happening
to the said
Motor
Vehicle,
the Borrower Wlll forthwith havethesame
repaired andmade
good. Destription of
Motor Vehicle Maker's Name Description No. of
Cylinders Engine
Number. Chassis No. Cost
Price.
7
{8)
IN
WITNESS WHEREOF THE said
K
(Borrower's name
)
and ...... .....
for and on
behalf of the
Governor have hereunto set
their
respective hands the
day
and year first above Written.
*Signed by thesaid
1
.u..-usus.ns .......
......
In
the presence
of l. .
Signature
and
designation
ofi '
Borrower.
7
a»...n-H-u-uuguum-ov-nyuo.... (Signature of
Witness) Signed byiname and
designation) .uu-.u.a~._u-un.a-..nun for and on
behalf of the
Governor of
Manipurin
the
presence of
1. n. ......... .
Signature
and
designation
of:
Officer. (Signature of
Witness) *Name and
designation
of the
Borrower.
8
(9)
THE
MANIPUR
MINISTERS, SPEAKERS AND
CHAIRMAN,HILL
AREAS
COMMITTEE (MOTOR CAR
ADVANCE
)
Act
1975.
V
IFORM III
( Seesection12
)
LETTER
INTIMATING TO
THE
INSURANCE COMPANY
GOVERNMENT'S INTEREST IN
INSURANCE
POLICIESOF
MOTOR
CARS,
ETC.
From _
To
(
Through the
Accountant General
)Dear
Sir, I am to
inform you that the
Governor of
Manipur
is
interested in the
Motor
Car
insurance
Policy
No. . . . .
. .
secured
in your '
Company andto
request .that you will
kindly
insert aclause to
the following
effect in the
policy
2-
FORM
OF
CLAUSE TO BE
INSERTED IN
THE
INSURANCE
POLICY
1. "It
is
hereby
declared and
agreed
that
Mr.
.
. . . . (
the owner
of
the Motor
Car, hereinafter referred to as
the
insured inthe
schedule
to
this
policy )
has
hypothecated the
Car
to
the
Governor for the
purchase
of the
Motor Car and it is
further
declared and
agreed that the
Governor is
interested in any monies
which,
but
for this endorsement, may be
payable
to
the
said Mr. . . . . . . .
. . (
the
insured under this
policy)
in
respect
of
the
loss or
damage
to
the or
damage.
2.
Save as
by
this
endorsement
expressly agreed,
nothing,
hereinshall
modify
or
effect the
rights
or
liabilities of
the
insured or
the Com—pany,
reSpectively,
under or
in
connection with this
policy
or
any term, provision
or
connection
thereof."
-
Place
Date
_
Yours
faithfully, Forwarded. The
receipt
of
the
letter may
kindly
_be
acknowledged. Itvis
also requested
that the
undersigned may
kindly
be
informed
whenever cally
paid forrenewal. Place
(
Signature
)
Date.
(10)
STATEMENT OF OBJECTS &
REASONS
The
existing Manipur
Ministers and
Speaker.
(Grant
of
Motor Car
Advance) Rules,
1965 does not
provide
for the
grant
of
Motor Car
advance to
State
Minister,
Deputy Speaker
and
Chairman,
Hill Areas
Committee. The
existing
Rules relates to
the
period
when Mani- pur was a
Union
Territory as
such it is
essential to
frame
fresh Rules. The Council of
Ministers in
its 40th
Cabinet
Meeting
decided to promulgate on
Ordinance
providing provisions
for
Motor Car Advance to
the
Minister of
State, Deputy
Minister,
Deputy Speaker
and
Chairman,Hill
Areas
Committee of the
Legislatives Assembly.
Hence
the
draft bill. Imphal, the
...l976
R.K.
DORENDRA SINGH