Reotgand Concurrent and State Subjects) No. 2 Order, 1968. — Pb Act v, AID TO INDUSTRIES

104 Reotgand Concurrent and State Subjects) No. 2 Order, 1968. Lawf-sa;b-mu'ed for the old section by Punjab Act, IIT of 1040, section 5. Method of re. ve. ™Y Method of re. 35. '[Notwithstanding dve. ™Y ions 23, 24 and 25, any amo '[Notwithstanding CHAPTER V SuPPLY OF MACHINERY ON HmE-PURCHAsx SYSTEM Y O SYSTEM Percentage 'd":' bi of 36. No machinery shall be supplied by the *[Cen- Government] on the hire-purchase system unless th rcentage of 36. No machinery shall be supplied by the *[Cen- ':'d":' bih'_';P""" tral Government] on the hire-purchase system unless the o " applicant therefor deposits with the Director such percen o " Government] on the hire-purchase system unless the applicant therefor deposits with the Director such percen. tage of the cost thereof as may be prescribed, and fu cant therefor deposits with the Director such percen. tage of the cost thereof as may be prescribed, and fur- nishes security for the unpaid portion of such cost in of the cost thereof as may be prescribed, and fur- nishes security for the unpaid portion of such cost in the same manner as for a loan granted under the provision shes security for the unpaid portion of such cost in the same manner as for a loan granted under the provisions of Chapter IV. manner of Chapter IV. Particulars to sePecifed i Particulars to 37. When an application is allowed, the Director besePecifed i ohall, subject to and in accordance with any rules that plication is al- may an application is allowed, the Director to and in accordance with any rules that under this Act, make an orde plication lowed. plicatio lowed. , subject to and in accordance with any rules that is al- may be made under this Act, make an order specifying the following particulars, namely— may be made under this Act, make the following particulars, namely— (a) the amount of each instalment of rent to be paid for the hire of the machinery and the the amount of each instalment of rent to be paid for the hire of the machinery and the number of such instalments to be paid before paid for the hire of the machinery and the number of such instalments to be paid before the machinery shall become the number of such instalments to be paid before the machinery shall become the property of the hirer; the hirer; (b) the amount of interest, if any, to be paid with each instalment ny, to be paid with each instalment of rent on the remaining un- paid instalments; stalment paid instalments; (¢) the dates on which and the manner in which the aforesaid payments shall be made; and tes on which and the manner in whi the aforesaid payments shall be made; and (d) such other particulars as may be preserid- ed. ed. 1Section 35 substituted 5. by Punjab Act, No. XXXIX of 1953, sec: Substituted ganisation P"_"j;b tion O P"_"j;b for the words "State Government" by the tation O (Chandigarh and Himachal Pradesh) = Adapta Substituted Reofganisation for the words "State Government" by the tat (Chandigarh and Himachal Pradesh) = Adapta rent and State Subjects) No. 2 Order, 1068. (Chandigarh and Himachal Pradesh) = Adap Laws on Concurrent and State Subjects) No. 2 Order, 1068. ‘ I h 38. Until the hiring is terminated in the manner inafter provided, the following provisions shall ap38. Until the hiring is terminated in the manner ereinafter provided, the following provisions shall ap- ly, namely:— ereinafter prov ply, namely:— Conditlons upply of of Condit supply ns of of machinery on hirepurchase system. (a) The hirer shall pay punctually and without demand the instalments of y punctu demand the instalments of of interest specified in rent and amount order refer demand the instalments of rent and amount of interest specified in the order referred to in section 37. in section 37. (b) The hirer shall retain the machinery in his own possession in good and serviceable order and conditions and shall not, without the previous written consent of the Director, make any addition thereto or alteration therein, nor remove the machinery or any part thereof from the premises specified in the application for the supply thereof. (¢) The machinery shall remain the sole and absolute [property of the 2[Government]], and any transfer thereof or assignment of any right, title or interest therein or the creation of any mortgage encumbrance or any other charge thereon by the hirer shall be void as against the *[Central Government] unless 'it has been made with the previous written consent of the Director. (d) The machinery shall not be liable to distraint, attachment or sale by any process under anv law for the time being in force, otherwise than under this Act. (e) The machinery shall bear a metal plate in the prescribed form, and any person who wilfully removes or defaces such plate shall 1Substituted for the words "Property of the Laocal Government" b;r Government of India (Adaptation of Indian Laws) Order, 1937, 1Substituted for the words "Property of the Laocal Government" b; the Government of India (Adaptation of Indian Laws) Order, 1937, :Sybstituted for the word "Crown" by the Adeptation of Laws Order, 1950. for the words "State Government" by the Punjab Reo:gsgnh}:gttll:);ed(c';;ndlgarh and Himachal Pradesh) on Concurr! ent and State Subjects) No. 2 Order, (Adaptation 1968, of Reo:gsgnh}:gttll:);ed(c';;ndlgarh and Himachal Pradesh) (Ada Laws on Concurr! ent and State Subjects) No. 2 Order, 1968, dcxfétfiwby hirer, hirer, to um! OPtion purcha tion purchas of r.v sell s of hirer --40. (1) If the machinery is seized and taken away to purchas - um!fer.v selle.ed'?:r under section 39 the hirer I31&11 have the default. exercised within one month option to be um!fer.v default. under se exercised ion 39 the within one &11 have the month after such ay be allowed b a seizure O the Director after su such longer period as may be allowed in this behalf, of purchasing a seizure O by the Director such longer period as may be allowed by the Director in this behalf, of purchasing the same by payment o the Director of the unpaid balance of the cost thereof this behalf, of purchasing the same by payment o the Director of the unpaid balance of the cost thereof together with such other amounts as rector of the unpaid balance of the cost thereof together with such other amounts as may be due, an the cost of any expenses inci unts as the cost of any expenses incidental to removal such seizure an h be liable lo a flne not exceeding fiye J, ! d rupees. It shall be presumed until 1tl}rlle be liable l dred rupees. trary is flne not exceeding fiye J, ! It shall be presumed until 1tl}rlle nery bearing dred rupees. It shall contrary is proved that machinery bearing h metal plate is the '[property of e contrary is proved that machinery bearing such metal plate is the '[property of e J[Government]] hired out under thig Chap. such metal pl J[Government]] e is the '[pr hired out under thig Chap. ter. (f) The hirer shall permit the Director or any person authorized by the the ma Director in this hinery at behalf to reasonable inspect times, by the d t e Director in machinery at Director or behalf to inspect the machinery at reasonable times, and the Director or gy, other reasonable times, and the Director or gy, other person shall have all such powers of entry as may be necessary for the purpose of shall have all such powers of entry as may be necessary for the purpose of making an inspection. In addition to the foregoing conditions the hirer shall be bound by such other condi. the hirer shall be bound by such other condi. tions consistent therewith as may be pres. hirer shall be bound by such other condi. tions consistent therewith as may be pres. cribed by rules made under this Act, or may be imposed by the Director in any particu. by rules made under this Act, or may be imposed by the Director in any particu. lar case. If the hirer makes default in removal. lut f cal GOVe"""lent Government of .Indla (Adaptation of Indian Taws) Order, ¢ Laws 2Substituted for the word "Crown" by the Adaptatlon © r, 1950, an Taws) Order, the Adaptatlon © P ubstitu Order, 1950, T -P F mov Substiluted Government e i by GOVe"""lent al. e i by { for the words "property of the Local GOVe"""lent of .Indla (Adaptation of Indian Taws) Order, ¢ Law Substiluted e i for the words "property of the Local GOVe"""lent the Government of .Indla (Adaptation of Indian Taws) Order, ¢ La 2Substituted for the word "Crown" by the Adaptatlon © | B s ( 1)&12) }Ilf Wwithin the period ~specified in sub-section h D}e irer does not exercise the option of purchase, ( 1)&12) }Ilf Wwithin the period ~specified in sub-section h D}e irer does not exercise the option of purchase, € Director shall proceed to € does not exercise the option of purchas Director shall proceed to dispose of the machinery. .41' If

Section 104