23. Manner in which security may be furnished
(1) The tender of an amount or an asset or the undertaking of a liability as security for any purpose of the Act shall be made in Form DVAT-12.
(2) Subject to sub-rule (3) of this rule, where a person is required or offers to furnish security for any purpose of the Act, the security shall be acceptable only if it is made in any one of the forms listed in Table below, unless the Commissioner prescribes a particular form in which the security shall be acceptable:
PROVIDED that security may be offered partly in one form and partly in another.
(2A) The security required to be furnished by a person under sub-section 4 of section 60, shall be, at least 50% in the form of security specified at sl. no.1 of the ‘Table – Forms of Security’ below and balance may be in any of the forms of security specified in the said table.
(3) The security required to be furnished by a person under clause (b) of sub-section (5) of section 61, shall be, at least, 50% in the form specified as item no. 1 of the Table below, and balance may be in any of the form specified in Table below.
(4) A security, which does not meet the conditions specified in Table below, shall not be treated as the furnishing of security for the purposes of the Act.
(5) The security shall be accepted only for the amount prescribed or ordered.
(6) If the security is furnished in any of the forms referred to in items 2 to 7 (inclusive) in the Table below, a document transferring the title to the security shall be executed in the name of the President of India and the transfer recorded and noted in the books of the issuing authority and the person offering the security shall be required to pay Stamp duty and Registration fee as prescribed under the relevant law.
(7) The Commissioner shall maintain a complete account of the securities deposited, forfeited or refunded in Securities Register in such form and in such manner as the Commissioner deems fit.
Table Forms of Security
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Form of security
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Conditions
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Amount of security
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1
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Cash
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The Government will not pay any interest on security deposit, held in the form of cash.
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Amount of cash deposited in appropriate Government treasury.
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2
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Promissory notes, stock certificates of any State Government
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3
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Post Office Cash Certificates, Treasury Savings Deposits, National Plan Savings Certificates, 12 Year National Defence Certificates, 10 Year National Defence Certificates.
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These certificates shall be formally transferred to the (President of India) and shall be accepted with the sanction of the Post Master of the office of registration.
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4
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Post Office Savings Bank Pass Books.
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A pass book, for a deposit made under the Post Office Savings Bank Rules may be accepted as security provided that the dealer has signed and delivered to the Post Master a letter in the prescribed form as required by the said rules.
The pass book shall be sent to the post office as soon as possible after the 15th June of each year so that necessary entries of interest may be made therein.
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Amount deposited
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5
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Municipal debentures or Port Trust Bonds and/or Debentures issued by the Government or a financial corporation.
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These securities shall be accepted at five per cent below the market price as on date of submission or face value whichever is less.
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6
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Bonds or debentures issued by corporate bodies guaranteed by the Central or any State Government as regards the payment of princi-pal and interest or as regards principal only.
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These securities shall be accepted at five per cent below the market price or face value, whichever is less.
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7
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Deposit receipts of any authorised bank.
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The deposit receipts shall be made in the name of the dealer but pledged to the President of India. The Bank shall agree that on receiving a signed treasury challan from the Commissioner and withdrawal order duly signed by the Commissioner, the bank will at once remit the amount in full or in part, as may be specified in the order, into the treasury and send the receipted challan to the Commissioner.
The dealer will agree in writing to undertake the risk involved in the investment.
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The amount shown on the deposit receipt.
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8
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Mortgage of immovable property, hypothecation or pledge of movable property, personal surety.
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Mortgage bond in writing shall be executed in favour of the President of India and registered according to law of registration at the cost of the dealer. The property mortgaged shall be free from all encumbrances.
Personal surety shall be in the form of a personal bond with one or two guarantees acceptable to the Commissioner. This form of security shall be accepted subject to such conditions as may be laid down from time to time by the Commissioner by a general or special order.
The liability of the surety or guarantor shall be co-extensive with that of the dealer for the period the contract of surety or guarantee remains in operation notwithstanding the fact that the assessment proceedings against the dealer under Chapter VI of the Act for the period are initiated before or after the said period. The liability of the surety or guarantor shall be enforced and executed according to the law for the recovery as arrears of land revenue referred to in section 44.
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Amount stated in the relevant document as the maximum amount recoverable under the mortgage, hypothecation, pledge, or personal surety.
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9
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Bank guarantee.
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The bank must be a Scheduled Bank.
The bank guarantee shall be initially valid for a period of one year and shall be kept valid till such time the Commissioner may require.
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