• Government subsidy for employment generation

Sir their is a govt sponsored scheme in madhya pradesh for employment generation in which govt gives subsidy on capital cost of business as front ended margin subsidy 

For the same I have applied for a business of two commercial truck from district industry and trade centre my case has been routed to HDFC bank 

The HDFC sanctioned my loan proposal on 9th of Feb under the said subsidy scheme the subsidy has to be demanded from union bank the nodal branch but the HDFC didn't take initiative to demand the same 

Now on 27 April 2017 the govt has issued an order to ban all commercial vehicles under the said scheme and all those cases whose disbursement is done till 31 mar 2016 will only be eligible for subsidy 

Now my question is that if the govt has issued some order it must be effective from date of issue not from back date .along with that the subsidy is margin subsidy without which loan can't not be disbursed ,and the demand for subsidy after sanction of loan depends on banks and govt turn around time beneficiary can't be held liable for same 
Hence the govt should issue order wef 27/4/2017 and all those cases which have been sanction and pending for disbursement needs to be considered 
.
How we can challenge the govt and HDFC both 


In our case now due to lazy attitude to HDFC we r losing 9 lac on getting SMS on loan approval from HDFC we had also deposited 1lac RS to Tata dealer as token AMT for booking in March.
Asked 7 years ago in Constitutional Law

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2 Answers

1) file writ petition in HC challenging order that only those loans whose disbursement is done till 31st march 2017 would be eligible for subsidy

2)in your case loan was sanctioned on 9th February and hence you should be granted subsidy for purchase of 2 commercial trucks.

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

The government's order can be in retrospective effect too.

You cannot question the authority.

Since the order takes place in retrospective effect and moreover your application is still under process and have not been sanctioned for subsidy since the same was not taken up before nodal officer, you may wont get a chance for reviewing the decision in your favor even if you take up the matter legally.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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