Section 16: Surety’s liability

Except when otherwise provided for in the contract, the surety’s liability shall be as follows:

(a) Liability of the surety shall emerge from the very time when the person who has to meet the liability fails to meet it.

(b) Liability of a surely shall be similar to that of the person who has to repay the loan or fulfil any obligation. The surety shall remain responsible until the person becomes free from the liability of repaying the loan or fulfilling the obligation.

(c) The creditors may impose the surety with the liability immediately after the default by the person who is under obligation to repay the loan or fulfil the obligation.

(d) In case both security and guarantee have been provided in consideration of any loan or liability, the surety shall have no liability to the extent covered by the security so provided.

(e) The liability of a surety shall not terminate simply because the person who has to repay the loan or fulfil the liability becomes free from the liability through the mobilization of law.

Explanation:  For the purpose of this Act, the term ‘creditor’ shall denote a person who has supplied the loan, and this term also includes a person who may obtain any benefits from or have any work done by the person who has to repay the loan or fulfil the liability.