The Manipur Ministers, Speakers and Chairman Hill Areas Committee of the Legislative Assembly (Grant of Motor Car Advance) Act, 1976

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THE MANIPUR MIN’STERS, SPEAKERS AND CHAIRMANHILL AREAS COMMITTEE OF THE LEGISLATIVE ASSEMBLY
( GRANT OF MOTOR CAR ADVANCE ) 31-131., 1976.
AU»A h
BIEL’NW‘
to provide for the facilities for grant of Motor Car Advance to theMinisters, 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) It shall come into force with immediate effect.
2. In this Act, unless the context otherwise requires :—
(a) “Chairman” means Chairman of the Hill Areas Committeeof the Legislative Assembly, Manipur;
(‘0) “Form” means a form specified in the Schedule appendedto this Act ;
(c)
'
“Minister” means a member of the Council of Ministersby What name 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) words and expressions not defined herein but defined inthe Salaries and Allowances of Ministers ( Manipur ) Act,1972 (Manipur Act No. 3 of 1972) shall have the meaningrespectively assigned to them in 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 sixteenthousand rupees or sixteen months’ Salary of the Minister or the anti-
cipated price of the motor car 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? doesnot 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. 2 In this section the expression “actual price”
includes sales tax and cost of such items, eg. Spare wheel, tyre and
tube. on the purchase of which the purchaser has no choice. It does not,
however, cover the cost of certain accessories, e.g. radio in acar, plastic
covers, which are not 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) Cost of transportation of the conveyance upto the place of
duty of the Minister at the time of purchase irrespective of
whether the transport is arranged by the distributors or by
the Minister himself ; and
(ii) the octroi charges actually paid.
4. Recovery of' an advance granted to the Minister for the pur-
chase of a motor car shall be made from him in such number of equal
monthly instalments as he may elect, but such number shall not be
more than sixty. The Minister may, at his option, repay more than
one instalment in a month, the instalment or instalments so repaid being
equals or muitiples of the regular monthly instalment.
5. The recovery of the advance shall commence on the first issue
of his salary after the adVance is drawn, by way of deduction from
his bill. In case the Minister intends to repay by making any further
instalment during the petiod before the issue of his subsequent salary,
the same may be made through chalan.
6. Simple interest at such rates as may be fixed by the Government
{rem time to time shall be charged on an advance granted to a Minister
for the purchase of a motor car. Such interest shall be calculated on the
balance outstanding on the last day of each month.
‘
7. The amount of interest calculated under section 6 shall be
recovered in the minimum number of monthly instalments, the amount
of each such instalment being not greater than the amount of instalment
fixed for the recovery of the advance, commencing on the month
immediately following that in which repayment of the advance is
completed.
8. Where a Minister 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 not sell or transfer the motor car for so long
asthe amount of advance together with the interest thereon is not
completely repaid, except with the permtssron of the Governor.
10. Unless the Minister who is sanctioned an advance for the
purchase of amotor car completes the purchase of, and pays for, the
motor car within one month from the date on which he draWS the advance,
hezshall refund forthwith the full amount of advance drawn together
with interest on that amount for one month ;

(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 ofpurchase, a mortgage bond in Form II hypothecating the motor car tothe 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 purchasecomprehensively insure, and so long as the advance and the interest onSuch advance is not fully repaid, keep so insured the motor car againstloss 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 periodshall not be less than the outstanding balance of the advance, withinterest accrued, at the beginning of that period but if such amount isless, 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, ormortgage of the motor car purchased with the advance granted to aMinister or for the mode of calculation of interest on the advance orfor repayment thereof have not been made by this Act, the mattersshall be regulated by the rules and decisions of the Government of Indiaas laid down in the General Financial Rules from time to time andapplicable to Class I Oflicers serving in connection with the State ofManipur.
15. The foregoing provisions of this Act shall mutatis mutandisapply to the grant of motor car advance to, and its repayment by theSpeaker and Chairman of the Hill Areas Committee and to all othermatters relating thereto as they apply to the grant of such advance toand its repayment by a Minister.
l6. (1) On and from the date of commencement of this Act andexisting the Manipur Ministers and Speaker (Grant of Motor CarAdvance) Rules, 1965 shall stand repealed.
(2) Anything done or 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 anyaction 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 ofrules
to speaker
and Chair-
man of the
Hill Areas .
Committee.
Repeal and
Saving.

SCHEDULE
FORM 1
C See section 11)
FORM OF AGREEMENT TO BE EXECUTED BEFORE
DRAWING AN ADVANCE FOR THE PURCHASE OF A MOTOR
.
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 has under the provisions of the Manipur
Ministers, Speakers and Chairman of the Hill Areas Committee (Grant
of Motor Car Advance ) Act, 1975 (hereinafter rejerred to as the said
Rules which expression shall include any amendments thereof for the
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‘ IS HEREBY AGREED between the parties hereto that
in consideration of the Sum of 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 Act and hereby authorises the
Governor to make such deductions, and (2) within one month from the
date of payment of the said sum to expend the full amount of the said
loan in purchase of a motor vehicle or if the actual price paid is less
than the loan, to repay the difference to the Governor forthwith,
and (3) to execute a document hypothecating the said motor vehicle
to the Governor as security for the amount to be lent 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 not been purchased and hypothecated
as
aforesaid within one month from the date of the payment of the said
sum or if the Borrower within that period becomes; insolvent or quits
office or lies, the whole amount of the loan and interest accrued
thereon shall immediately become due and payable»
IN, WITNESS whereof the BORROWER and—5 ——-; for
'
and on behalf of the Governor have hereunto set their hands the
day and year first before written.

7
(5;
*
_Signed by the said-———---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 anddesignation. of
the Ofiicer ).
’5 Name and designation of the Bdrmwer,‘
'

(6)
FORM II
(See section 11 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 and the Governor of Manipur { hereinafter called the “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 referred to
as “the said Act”.which expression shall include any amendment
thereof or addition 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 the said Motor vehicle to the Governor as a
security for the amount rent to the Borrower ;
AND WHEREAS the Borrower has purchased with or partly with
the amount so advanced as 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 for the consideration aforesaid the Borrower
doth hereby convenant to pay to the Governor the sum of Rs.
—————
aforesaid or the balance thereof remaining unpaid at the date of these
presents by equal payments or" Rs.
—~—-—-—- —-
each on the first day
of every month and will pay interest on the sum for the time being
remaining due and owing calculated according to the said Act and
the Borrower doth agree that such payments may be recovered by
monthly deductions from his salary in the manner 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 whereof are set out in the Schedule 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 paidin 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, will not sell, pledge or part with the property in or possession
of the said Motor Vehicles;

(‘7)
_
PROVIDED ALWAYS, and it is hereby agreed and declared, that
if any of the said instalments of principal or interest shall not be paid
or recovered in the manner aforesaid within ten days after the same
are due or if the Borrower shall die or at any time cease to be in
Office or if the Borrower shall sell or pledge or part with the
property in or possession of the said Motor Vehicle or become
insolvent or make any compositicn or arrangement with his creditors
or if any person shall take proceedings in execution of any decree or
judgement against the Borrower, the whole or" the said principal sum
which shall then be remaining due and unpaid together with interest
thereon calculated as aforesaid shall forthwith become payable.
AND IT IS HEREBY AGREED and declared that the Governor
may on the 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 the same or else mayremove
and sell the said Motor Vehicle either by public auction or; private con-
tract and may out of the sale money retain the balance ofthe said
advance then remaining unpaid and anyinterest due thereon calculated
as aforesaid and all costs charges; expenses and payments properly
incurred or made in maintaining, defending or realising his rights
hereunder and ”shall pay over the surplus, if any, to the Borrower,
his executors, administrators or personal representatives; PROVIDED
FURTHER that the aforesaid power of taking possession or selling
of the said Motor Vehicle shall not prejudice the right of the Governor,
to sue the Borrower or his personal representatives for the said
balance remaining due and interest or in the case of the Motor
Vehicle being sold, the amount by which the net sale proceeds fall
short of the amount owing; AND the BOrrower hereby further agrees
that so long as any moneys are remaining due and owing to the
Governor, the Borrower, will insure and keep insured the said Motor
.Vehicle against loss or damage by fire, theft, or accident with an
insurance Company to be apnroved by the Accountant General con-
cerned and will produce evidence tothe satisfactiOn of the Accountant
General that the Motor Insurance Company with whom the said Motor
Vehicle is insured have received notice that the Governor is interested
in the Bolicy;and the Borrower hereby further agrees that he will not
permit or suffer the said Motor Vehicle to be destroyed or injured or to
deteriorate in a greater degree than it would deteriorate by reasonable
wear and tear thereof;
AND the Borrower further agrees that in the event of any damage
or accident happening to the said Motor Vehicle, the Borrower Wlll
forthwith have the same repaired and made good.
Destription of Motor Vehicle
Maker’s Name
Description
No. of Cylinders
Engine Number.
Chassis No.
Cost Price.

{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 the said
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.

(9)
THE MANIPUR MINISTERS, SPEAKERS AND CHAIRMAN,HILL AREAS COMMITTEE (MOTOR CAR ADVANCE )
Act 1975.
V
IFORM III
( See section 12 )
LETTER INTIMATING TO THE INSURANCE COMPANYGOVERNMENT’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 interestedin the Motor Car insurance Policy No. . . . . . . secured in your
'
Company and to request .that you will kindly insert aclause to thefollowing effect in the policy 2-
FORM OF CLAUSE TO BE INSERTED IN THE INSURANCEPOLICY
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 agreedthat the Governor is interested in any monies which, but for thisendorsement, 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 for renewal.
Place
( Signature )
Date. ( Designation of the Accounts Oflicer )

(10)
STATEMENT OF OBJECTS & REASONS
The existing Manipur Ministers and Speaker. (Grant of MotorCar Advance) Rules, 1965 does not provide for the grant of MotorCar advance to State Minister, Deputy Speaker and Chairman, HillAreas 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 draftbill.
Imphal, the ...l976 R.K. DORENDRA SINGH

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