[Gazette
of Pakistan, Extraordinary, Part II, 9th June, 1981]
S.
R. O. 537 (1); 81.‑The Federal Government is pleased to make the following
rules for carrying out the purposes of the provisions of sections 1, 12 and 13
of the Land Reforms Act, 1977 (II of 1977), namely :‑
CHAPTER I.‑PRELIMINARY
1. Short title, extent
and commencement.‑(I) These rules may be called the Federal Government Land
Reforms (Payment of Compensation) Rules, 1981.
(2) They extend to all
areas to which the Land Reforms Act, 1977 (II of 1977), applies or may
hereafter be applied.
(3) . They shall come
into force at once.
2. Definitions.‑In these
rules unless there is anything repugnant in the subject or context,‑
(a) `Act' means the Land
Reforms Act, 1977 (II of 1977);
(b) `Bank' means the
State Bank of Pakistan
(c) `bond' means a bond
issued under these rules, in respect of compensation for the land resumed
under section 9 or permanent installations and structures on that land, in Form
IC of the Public Debt Rules, 1946, and shall be deemed to be a Government
security within the meaning of the Public Debt Act, 1944 (XVIII of 1944) ;
(d) `Chief Land
Commissioner' means the Chief Land Commission.‑r of the Province nominated
under section 20 and shall include any person performing the functions of the
Chief Land Commissioner ;
(e) `defaced bond' means
a bond which has been made illegible or rendered undecipherable in any of its
material parts, and the material parts of a bond are those where ‑
(i) the number, name of
the bond and the face value of the bond or payment of interest are recorded ;
or
(ii) the endorsement or
the name of the payee is written ; or
(iii) the renewal
receipt is supplied ;
(f) `Deputy Land
Commissioner' means an officer appointed as such under section 20 and includes
an officer for the time being performing the
functions of a Deputy
Land Commissioner ; IV,
(g) `Form' means a form
appended to these rules ;
(h) `lost bond' means a
bond which has actually been lost and shall not mean a bond which is in the
possession of some person adversely to the claimant ;
(i) `Land Commissioner'
means an officer appointed as such under section 20 and shall include any
person performing the functions of a Land Commissioner ;
(j) `mutilated bond'
means bond which has been destroyed, torn or damaged in material parts thereof
;
(k) `recipient' means a
person who is entitled to receive compensation under sections 11 and 12 of the
Act, and includes his successors in interest ;
(1) `section' means
section of the Act ; and
(m) `Treasury' means any
treasury located in any Province and includes a
sub‑treasury.,
CHAPTER II.‑PAYMENT OF COMPENSATION
3. Deputy Land
Commissioner to determine compensation, etc.‑The compensation payable to a
person under section 13 shall be determined and paid through the Deputy Land
Commissioner.
4. Maintenance of
registers.‑‑(1) The Deputy Land Commissioner shall maintain registers in Forms
1, lI and III for each district and the names of the recipients shall be
entered therein tehsil‑wise.
(2) The net amount
payable to a recipient shall not be entered in the registers until the case has
finally been decided.
5. Requisition by Deputy
Land Commissioner.‑(1) After the compensation has been determined under rule
3, the Deputy Land Commissioner shall send to the Chief Land Commissioner
requisition for cash payment in Form IV and issue of bonds in Form V.
(2) On receipt of a
requisition for cash payment under sub‑rule (1), the Chief Land Commissioner
shall place the requisite amount at the disposal of the Deputy Land
Commissioner, out of the budget allotment for payment to the recipient.
CHAPTER III.‑ISSUE OF BONDS
6. Requisition for the
issue of bonds.‑‑(1) On receipt of a requisition for issue of bonds under rule
5, the Chief Land Commissioner or any officer authorised by him in this behalf
in writing shall, after such verification as he may deem necessary, send a
requisition in Form VI to the Bank at Lahore or Karachi for issuing to the
recipient a bond of bonds of the denominations and for such amount as may be
specified therein.
(2) Specimen signatures
of the Chief Land Commissioner or any officer authorised by him to sign the
requisition form shall be supplied to the Bank and the Public Debt Officers,
Karachi and Lahore for record.
(3) Any change in the
incumbents shall immediately be notified to the Bank.
(4) The specimen
signatures of the officers under sub‑rule (2) shall be attested by the Chief
Land Commissioner and in the case of the Chief Land
Commissioner these shall be attested by any member of the Land
Commission.
7. Form and denomination
of bonds.‑(1) The bonds shall be issued in denominations of one hundred rupees,
one thousand rupees, five thousand rupees, ten thousand rupees and twenty
thousand rupees.
(2) Fractions below one
hundred rupees shall be inserted in the bonds in hand.
8. Issued of bonds.‑(1)
On receipt of the requisition under sub‑rule (1) of rule 6 the Bank shall issue
the bonds for and on behalf of the Federal Government in favour of each
recipient and for the amounts specified in the requisition received by it.
(2) The bonds shall be
enfaced for payment of the interest or principal amount at Lahore or Karachi
Offices of the Bank or at such Treasury as may be specified in the requisition;
Provided that the Bank
may, on an application made to it by a recipient, enface the bonds for payment
of interest or principal amount at any other office of the Bank or a Treasury
as is requested by the recipient.
9. Despatch of bonds to
Chief Land Commissioner.‑(1) The Bank shall forward the bonds to the Chief Land
Commissioner or any other officer an appointed by him in that behalf
and obtain an acknowledgement thereof.
(2) On receipt of the
bonds, the Chief Land Commissioner shall cause them to be sent to the Deputy
Land Commissioner of the district who had determined the compensation.
10. Delivery of bonds to
recipients.‑(I) On receipt of bonds from the Chief Land Commissioner, the
Deputy Land Commissioner shall call each recipient and deliver the bonds to him
after obtaining receipt thereof, which shall be attested and forwarded by the
Deputy Land Commissioner to the officer authorised by the Chief Land
Commissioner in this behalf.
(2) The recipient may take
delivery of the bonds either personally or through his representative or agent
duly authorised by him in writing in that behalf:
11. Bonds subsequently
found to be' defective.‑(1) If any bond is subsequently found to be defective
or in excess of the amount which is due to the recipient, the Chief Land
Commissioner shall call upon the recipient to produce the bond and to show
cause why such bond may not be cancelled and a fresh bond be issued in lieu
thereof.
(2) A recipient who has
been given show‑cause notice under sub‑rule (1) shall be entitled to inspect
the record and to produce such evidence as he may consider appropriate.
(3) After hearing the
recipient and examining such evidence as is produced by him, the Chief Land
Commissioner or any officer authorised by him in this behalf shall immediately
inform the Bank of the amount calculated by him and shall request it to cancel
the bond and issue a fresh bond in accordance with the requisition to be sent
to the bank.
(4) The amount paid in
excess whether on account of interest or principal amount shall be adjusted
towards the subsequent payment of interest or principal amount in respect of
such bond and if no such adjustment is possible then the overpayment shall be
recovered as if it were an arrear of land revenue.
CHAPTER 1V.‑CERTAIN PROVISIONS RELATING TO BONDS
12. Persons whose title to a bond may be
recognised by the Bank.‑The executor or administrator or the bolder of
succession certificate of a deceased sole holder of a bond shall be the only
person who may be recognised by the Bank as having any title to the bond.
13. Right of survivors
of joint recipients or several payees.‑Notwithstanding anything contained in
section 45 of the Contract Act, 1872 (IX of 1872), when a bond is‑
(a) held by two or more
persons jointly and either or any of them dies, the title to the bond shall
vest in the survivors ; and
(b) payable to two or
more persons severally and either or any of them dies, the bond shall be
payable to the survivor or survivors or the legal heir of the deceased ;
Provided that nothing
contained in this rule shall affect any claim which any legal heir of a
deceased person may have against the survivor or survivors under, or in respect
of, any bond to which this rule applies.
Explanation.‑For the
purposes of this rule a body incorporated under the Companies Act, 1913 (VII of
1913), or the Co‑operative Societies Act, 1912 (11 of 1912), or any other
enactment for the time being in force, whether within or outside Pakistan relating
to the incorporation of associations of individuals, shall be deemed to die
when it is dissolved.
14. Transfer of bonds.‑(1)
The bonds shall be transferable by endorsement and delivery like a promissory
note payable to order;
Provided that the Treasury
or any office of the Bank or the Public Debt Office may decline to accept the
bond endorsed in blank.
(2) No endorsement on a
bond shall be valid unless made by the signature of the recipient or his duly
constituted attorney or representative inscribed on the back of the bond
itself.
(3) No writing on a bond
shall be valid for the purpose of negotiation if such writing purports to
transfer only a part of the amount denominated by the bond.
15. When a bond is
required to be renewed.‑(1) The Public Debt Office may require the recipient
for renewal of the bond if ‑
(a) Sufficient room
remains on the back of the bond for one further endorsement or if any word is
written upon the bond across any existing endorsement or endorsements ; or
(b) the bond is torn or
in any way damaged or crowded with writings ; or
(c) any endorsement is
not clear or distinct or does not indicate the name of payee ; or
(d) the endorsement has
not been in one of the endorsement cages on the back of the bond ; or
(e) the interest on the
bond has remained undrawn for ten years or more ; or
(f ) the interest cages
on the reverse of the bond have been completely
filled or if the vacant
printed cages on the reverse of the bond do not correspond with the years for
which interest has become due on the date when the bond is presented for drawal
of interest ; or
(g) the bond, having
been enfaced thrice for payment of interest, is presented for re‑inforcement ;
or
(h) the title of the
person presenting the bond for payment of interest is irregular or not fully
proved.
(2) When requisition for
renewal of a bond is made under sub‑rule (1), the payment of any further
interest thereon may be refused, until it is actually renewed.
16. Application for
renewal, etc.‑Subject to any general or special instructions of the Bank, the
Public Debt Office may, by an order, on an application made to it by the
recipient, renew, sub‑divide or consolidate a bond and obtain a receipt thereof
from the recipient in Form VII, Form VIII or Form IX, as the case may be.
17. Issue of duplicate
bonds, etc.‑(1) If on an application made to it by the recipient, the Bank is
satisfied that a bond has been lost, stolen or destroyed, or has been defaced
or mutilated, it may, subject to such conditions as it may deem fit and on
payment. of fees as specified in rule 26, order for issue of a duplicate bond.
(2) If the recipient
applies to the Bank for the consolidation, sub‑division or renewal of a bond,
the Bank may, subject to such conditions as it may deem fit and on payment of
fees as specified in rule 26 cancel such bond and order for issue of a new
bond.
(3) Where recipient has
been issued a duplicate bond or a new bond under this rule, his title to such
bond shall, for the purpose of rule 12, be deemed to have been recognized by
the Bank and he shall be deemed to have entered into a new contract.
18. Procedure when a
bond is lost, etc.‑(1) When a bond is lost, stolen, destroyed, mutilated or
defaced, the recipient shall make an application to the Public Debt Office,
Lahore or Karachi, for the issue of a duplicate bond.
(2) The application
referred to in sub‑rule (1) shall be accompanied by‑‑
(a) a statement showing‑
(i) the year for which
interest has been paid for the last time ;
(ii) the name of the
person to whom such interest was paid ;
(iii) the name of the
person to whom the bond was issued ;
(iv) the office of the
Bank or the Treasury where the bond for payment of interest was enfaced ;
(v) the circumstances
pertaining to the loss, theft, destruction, mutilation or defacement of the
bond, as the case may be ; and
(vi) whether such loss
or theft was reported to the police ;
(b) the Post Office
registration receipt, if the bond was lost in transmission by registered post ;
(c) a copy of the police
report, if the loss or theft was reported to the police ;
(d) a letter signed by
the officer of the Treasury where interest was last paid certifying the last
payment of the interest on the bond and stating the name of the party to whom
such payment was made, if the last payment of interest was not made by a
warrant issued by the Public Debt Office ;
(e) an affidavit sworn
before a Magistrate testifying that the applicant was the person legally
entitled to hold the bond, and if the recipient is not the holder in whose name
the bond was originally issued ; and
(f ) any portion or
fragments of the lost, stolen, destroyed, mutilated or defaced bond, if that is
in possession of the applicant.
(3) A copy of the
application made under sub‑rule (1) shall be sent to the Treasury where
interest is payable.
(4) The factum of loss,
theft, destruction, mutilation or defacement of a bond or portion of a bond
shall be notified by the Bank for information of the general Public in three
successive issues of the official Gazette in such form as the Bank may deem
fit.
(5) After the
publication of the notifications under sub‑rule (4) the Bank shall if it is
satisfied of the loss, theft, destruction, mutilation or defacement of a bond
and the claim of the applicant,‑order the Public Debt Office to issue a
duplicate bond in lieu thereof.
(6) At any time prior to
the issue of a duplicate bond, the Bank may, for reasons to be recorded in
writing, alter or cancel any order made by it.
(7) Where the Bank
orders for issue of a duplicate bend, it may direct the applicant to execute an
indemnity bond in Form XII or furnish personal sureties or furnish collateral
security in the shape of Government securities to be deposited with it for such
amount and period as it may direct.
(8) The indemnity bond
referred to in sub‑rule (7) shall be executed by the applicant alone or by the
applicant and one or two sureties, as the Bank may direct.
CHAPTER V‑PAYMENT OF INTEREST AND PRINCIPAL
19. Payment of interest.‑(1)
All bonds shall bear simple interest at one per cent. above the bank rate as
notified by the Bank from time to time.
(2) The interest shall
be payable by annually on the first day of January and July every year;
Provided that the income‑tax
shall, if leviable, be deducted at source in the same manner as is deducted on
other Government securities.
(3) The interest on the
bonds shall cease to accrue on and from the date of the Notification issued
under sub‑rule (1) of rule 20.
(4) Every person
receiving interest under this rule shall give a receipt in Form XI.
20. Payment of
Principal.‑(1) Where the Federal Government decides to redeem the principal
amount of the bonds by an earlier date than as specified in section 13, it
shall notify such date in the official Gazette.
(2) After publication of
the notification under sub‑rule (1), the offices of the Bank at Karachi or
Lahore, as the case may be, shall be advised in Form XII alongwith a copy of
the notification to make necessary payment on presentation of the bonds.
(3) On receipt of
instructions from the Chief Land Commissioner, the Bank shall call upon the
recipient by notification in the official Gazette or in such manner as is
considered necessary to receive the whole amount or a portion thereof by the
specified date from the Bank or Treasury act which the bond stands enfaced.
21. Receipt required on
discharge of a bond.‑(1) When a bond is to be partially discharged, a receipt
shall be taken on the bond itself.
(2) When a bond is fully
discharged, it shall be surrendered to the Bank.
(3) In every case of
partial or full discharge of a bond, the Bank shall bring such fact to the
notice of the Chief Land Commissioner in such manner as may be required by him.
CHAPTER VI‑MISCELLANEOUS
22. Publication of
notices.‑‑(l) Any notice required to be given by the Bank under these rules may
be served by post by publication in the official Gazette.
(2) On publication of a
notice in the official Gazette, recipient shall be deemed to have been duly
served.
23. Determination of
title in case of dispute.‑In case of a dispute in respect of a title to a bond,
the bank shall refer the matter to the Deputy Land Commissioner who shall
determine the title thereto and intimate the Bank accordingly.
24. Execution of
documents by 'Illiterate person.‑If any illiterate person executes a document
relating to a bond or make any endorsement thereto, it shall be attested by a
Notary Public or a Magistrate of the first class;
Provided that where the
Bank is satisfied as to the genuineness and validity of the execution of a
document or an endorsement on a bond, it shall not preclude the Bank to act
upon the execution of the document or an endorsement on a bond without such
attestation.
25. Stay of proceedings
on order of Court.‑‑Where the Bank receives a stay order passed by a Court
relating to a Bond, it shall suspend further proceedings till final orders are
passed by such Court.
26. Fees.‑(1) The
following fees shall be paid in respect of the bonds issued under rule 17,
namely‑
(a) if the amount of the
bond does Got exceed four 70 paisa per one hundred rupees. hundred rupees or
part thereof ;
(b) if the amount of the
bond exceeds four hundred Rs. 3.00 rupees.
(2) A copying fee of one
rupee per page shall be charged for every certified copy issued by the
Commissioner or the Bank.
27. Information and
Inspection.‑‑(1) Any recipient requiring information or inspection of record
relating to a bond may apply to the Bank or the Public Debt Office in writing
stating the particulars thereof.
(2) Every application
made under sub‑rule (1) shall be accompanied by a fee of five rupees for each
Bond.
(3) The Bank or the
Public Debt Office, as the case may be, before the information is supplied or
permission for inspection is granted require the recipient to execute an
indemnity bond in Form X for such amount specified as the Bank may determine;
Provided that such
amount shall not exceed the value of the bond.
28. Officers of the Bank
deemed to be public officers.‑For the purpose of section 1 24 of the Evidence
Act, 1872 (1 of 1 672), the provisions of Part IV of the Code of Civil
Procedure, 1908 (V of 1903), relating to suits by or against public officers in
their official capacity and the provisions of rule 27 of Order V and rule 52 of
Order XXI thereof, the officers of the Bank acting in this capacity as such
shall be deemed to be the public officers.
29. Penalty.‑(1) If any
person for the purpose of obtaining for himself or any other person any title
to a bond makes, to any authority under these rules in any application or in
the course of any enquiry undertaken in pursuance of these rules, any statement
which is fare and which he either knows to be false or does not believe to be
true, shall be punishable with imprisonment for a term which may extend to six
months, or with fine, or with both.
(2) No Court shall take
cognizance of any offence under sub‑rule (1) except on the complaint of the
Bank.
30. Power of Federal
Government to make orders.‑The Federal Government may, at any time. pass such
orders, not inconsistent with the provisions of the Act or these rules and
issue such instructions, as it may deem necessary, for the proper
implementation of these rules.
[Note.‑For Forms I to
XII please see Gazette of Pakistan, Extraordinary Part 11, pp. 1041 to 1050]
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