INDEMNITY BOND
[In the case of missing employee]
KNOW ALL MEN by these presents that we
(a)………………………………………………….(b)………………………………………………., the wife/son
/brother/nominee, etc., of (c) ………………………………………………..who was holding the post of
…………………………………………………..in the Ministry/Department /Office of
…..………………………………………………………………………………………. is reported to have been
missing since …………………………(hereinafter referred to as ‘missing Government servant’)
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 (hereinafter called “the Government”) in the sum of Rs………. (Rupees
………………………………………….) equivalent of the amount on account of payment of salary,
leave encashment, GPF, Retirement/Death Gratuity and each and every sum being the
monthly family pension well and truly to be paid to the Government, on demand and
without a demur together with simple interest @…….. % p.a. from the date of payment
there of until repayment for which payment we bind ourselves and our respective heirs,
executors, administrators, successors and assigns by these presents.
Signed this ………………day of …………….two thousand and ……………
WHEREAS (c) ………………………………………………. was at the time of his disappearance in the
employment of the Government receiving a pay at the rate of Rs. ………………. (Rupees………
…………………………………………..) only per month from the Government.
AND WHEREAS the said (c) ………………………………………………. disappeared on the
……………..day of ……………………20 .…and there was due to him at the time of his
disappearance the sum equivalent of (i) salary due (ii) leave encashment, (iii ) GPF and
(iv) Retirement/Death Gratuity.
AND WHEREAS the Obligor is entitled to family pension at Rs. …………. (Rupees……………
………………only) plus admissible dearness relief thereon.
AND WHEREAS the Obligor has represented that he/she is entitled to the aforesaid sum
and approached the Government for making payment thereof to avoid undue delay and
hardship.
AND WHEREAS the Government has agreed to make payment of the said sum of
Rs.………………. (Rupees …………………………………………………………..) and monthly family pension
@ Rs. …………….. (Rupees…………… …………………………………….) only and relief thereon to the
Obligor upon the Obligor and the Sureties entering into a Bond in the above-mentioned
sum to indemnify the Government against all claims to the amount so due to the aforesaid
missing Government servant.
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 or the missing employee on appearance, against the
Government with respect to the aforesaid sum of Rs. ………………..(Rupees
………………………………………………………) and the sums paid by the Government as monthly
pension and relief as aforesaid then refund to the Government the said sum of
Rs.……………(Rupees…………………………… ………………….) and each and every sum paid by
Government as monthly pension and relief together with simple interest @ ……..% per
annum and shall, other wise , indemnify and keep the Government harmless and
indemnified against and from all liabilities in respect of the aforesaid sums 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 other wise it shall remain in full force, effect and virtue.
AND THESE PRESENTS ALSO WITNESS that the liability of the
Surety/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 would but for this
provision shall have no 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 authorized, 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 ‘missing Government servant’.
(c) Name of the ‘missing Government servant’.
(d) 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 Government form
time to time. It is 6% p.a. on the date of issue of the O.M.
