PROFORMA-A – INDEMNITY BOND – For claim of gratuity when nominee is minor
PROFORMA- A
INDEMNITY BOND
[ For claim of gratuity when nominee is minor]
[See rule 24]
KNOW ALL MEN by these presents that we (a) ________________(b) ____________the window/son/brother, etc., of (c) _________________deceased, resident of ________________(hereinafter called “the Obligor”) and (d) _________________, son/wife/daughter of __________ 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 (hereinafter called “the Government”) on the sum of Rs. __________(Rupees __________________only) well and truly to be paid to the Government on demand and without a demur for which payment we bind ourselves and our respective heirs, executors, administrators, legal representatives, successors and assigns by these presents.
Signed this _________________day of _______________two thousand and __________
WHEREAS (c) _________________was at the time of his death in the employment of the Government. AND WHEREAS the said (c) __________died on the _______________day of _________20 _____and there was due to him at the time of his death the sum of Rs _______(Rupees ____________________________only) for and towards share of his minor son/daughter in the death/retirement gratuity.
AND WHEREAS the Obligor claims to be entitled to the said sum as de facto guardian of the minor son/daughter of the said (c) _____________but has not obtained till the date of these presents the certificate of guardianship from any competent Court of Law in respect of the said minor(s).
AND WHEREAS the Obligor has satisfied the (e) ___________that he/she is entitled to the aforesaid sum and that it would cause undue delay and hardship if the Obligor be required to produce the certificate of guardianship from the competent Court of Law before payment to him of the said sum of Rs. _______________
AND WHEREAS the Government has no objection to the payment of the said sum to the Obligor but under Government rules and Orders, it is necessary for the Obligor to first execute a bond with one surety/two sureties to indemnify the Government against all claims to the amount so due as aforesaid to the said (c) ________________before the said sum can be paid to the Obligor.
AND WHEREAS the Obligor and at his/her request the Surety/Sureties have agreed to execute 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 against the Government with respect to the aforesaid sum of Rs. ______________refund to the Government the said sum of Rs. _____________and shall otherwise indemnify and keep the Government harmless and all costs incurred in consequence of the claim thereto THEN the above written bond or obligation shall be void and of no effect but otherwise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted by or any forbearance act or omission of the Government 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, shall but for this provision have the effect of so releasing the Surety/Sureties from such liability nor shall it be necessary for the Government to sue the Obligor before suing the Surety/Sureties or either of them for the amount due hereunder, and the Government 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
1. _________________________
2. _________________________
Signed by the above named ‘Surety’/ ‘Sureties’
1. _________________________
2. _________________________
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’.
(b) State relationship of the Obligor to the deceased.
(c) Name of the deceased Government Officer.
(d) Full name or names of the Sureties with name or names of the father(s)/husband(s) and place of residence.
(e) Designation of the officer responsible for payment.
NOTE II. The Obligor as well as the Sureties should have attained majority so that the bond may have legal effect or force.