FORM XXVII
(See sub–rule (3) of rule 42 )
Form of Indemnity Bond
KNOW ALL MEN BY THESE PRESENTS that we --------------------------------------- son of Shri --------------------------------------- Resident of -------------------------------------------- -------------------------(hereinafter called " the Obliger" which expression shall unless excluded by or repugnant to the context include his /her heirs, executors, administrators and legal representatives) and
(1)------------------------------------------son of Shri ---------------------Resident of ----------------------------------------------------------------------------------------------and
(2) ------------------------------------------son of Shri --------------------------------------------------- Resident of ----------------------------------------------------------------------------------------------
SURETIES on behalf of the Obliger ((hereinafter called " the Sureties" which expression shall unless excluded by or repugnant to the context include his /her heirs, executors, administrators and legal representatives) bind ourselves jointly and severally to pay to the Governor of Uttaranchal (hereinafter called " the Government" which expression shall unless excluded by or repugnant to the context include his /her successors in office and assigns) on demand and without demur the sum of Rs.----------------(Rupees ------------------------------------------------only) for which payment will and truely to be made we bind ourselves firmly by these presents.
Signed this ------------day of --------------------two thousand ------------------corresponding to Saka Sambat the -----------day of ------------------------------------------------------------------------.
WHEREAS rule 42 of the Uttaranchal Value Added Tax Rules, 2005 as amended from time to time requires that if at any time after the refund is granted to the purchaser the Assessing Authority is satisfied that the refund was not due or, as the case may be, such amount became not refundable due to any judicial pronouncement, change of low or for any other reason, such purchaser shall not demand deposit the amount refunded to him/ her or any part thereof, as may not have been found refundable to him / her, with the Government.
AND WHEREAS the Obliger herein is a purchasers who has obtained the refund.
NOW THE CONDITION of the above written bond or obligation is such that the obliger and / or the sureties shall in the event of the amount becoming not refundable (in respect of which the decision of the Government or the authority appointed by it for the propose shall be final and binding on the obliger and the sureties) pay to the Government on demand and without demur the said sum of Rs.-------------(Rupees-----------------------------------------------------only).
AND THESE PRESENT ALSO WITNESS that the liability of obliger and the sureties hereinafter shall not be impaired or discharged by reason of any for-bearance act or omission of the Government or for any time being granted or indulgence shown by the Government or by reason of any change in the constitution of the obliger (in cases where the obliger is not an individual).
AND it is hereby agreed and declared that without prejudice to any other remedy the Government may on a Certificate of the Assessing Authority which shall be final, conclusive and binding on the obliger and the sureties recover all dues hereunder from the obliger and / or the sureties jointly and severally as arrears of land revenue.
IN WITNESS WHERE OF the obliger and the sureties have hereunto set their respective hands have caused these presents to be executed by his / her / their authorized representative, on the date, month and year above written.
Signed by the above named obliger in presence of-
(Signature with name and full address of the witnesses)
Signed by the above named sureties in presence of -
ACCEPTED for and on behalf of the Governor of Uttaranchal by ------------------------------------------------------------------------ (Name and designation of the Officer duly authorized in pursuance of Article 299(1) of the Constitution of India, to accept the Bond for and on behalf of the Governor of Uttaranchal.
In presence of –