WEST PAKISTAN LAND REFORMS
(PAYMENT OF COMPENSATION) RULES, 1961
[ First published with
Punjab Land Commission Notification No. OS-3117/61/5922-L.C., dated 30 th September,
1961, (Gazette of West Pakistan, Extraordinary, dated 4 th October, 1961)]
WEST PAKISTAN LAND REFORMS
(PAYMENT OF COMPENSATION) RULES, 1961
In exercise of the powers
conferred upon it by paragraph 6 of the West Pakistan Land Reforms Regulation
(Martial Law Regulation No. 64) and notwithstanding anything to the contrary
contained in the Public Debt (Central Government) Act, 1944, or the rules made
thereunder, the West Pakistan Land Commission is pleased to make, with the
previous sanction of the West Pakistan Government, the following rules for
carrying out the purposes of the provisions of paragraphs 17 and 18 of the
Regulation:-
CHAPTER I - PRELIMINARY
1. Short title,
extent and commencement.- (1) These rules may be called the West Pakistan
Land Reforms (Payment of Compensation) Rules, 1961.
(2)
They extend to all areas to which the West Pakistan
Land Reforms Regulation applies or may hereafter be applied.
(3)
They shall come into force at once.
2. Definitions.-
In these rules, unless the context otherwise requires, the following
expressions shall have the meanings respectively assigned to them, that is to
say:-
(a)
‘Bank’ means the State Bank of Pakistan;
(b)
‘Bond’ means a bond issued under the provisions of
these rules in respect of compensation for land resumed under paragraph 16 or
permanent installations and structures under paragraph 18, or both;
(c)
‘Chief Land Commissioner’ means the Chief Land
Commissioner nominated by the Commission under clause (3) of paragraph 4 of the
Regulation and shall include any person for the lime being functioning as such;
(d)
‘Compensation’ means the amount of money which a person
is entitled to receive under paragraph 17 for land resumed from him, or under
paragraph 18 for permanent installations and structures, or under both;
(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 payments of interests 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 the
Regulation
and includes an officer for the time being functioning as such;
(g)
‘District Magistrate’ means every person exercising all
or any of the powers of a District Magistrate, as defined under the Code of
Criminal Procedure for the time being in force;
(h)
‘Form’ means a form appended to these rules;
(i)
‘Government’ means the Government of West Pakistan;
(j)
‘Holder’ means the holder of a bond;
(k)
‘Interest’ means the amount of money which a person is
entitled to receive under paragraph 17 (3) of the Regulation;
(l)
‘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;
(m)
‘Land Commissioner’ means an officer appointed as such
under the Regulation and shall include any person for the time being
functioning as such;
(n)
‘Mutilated bond’ means a bond which has been destroyed,
torn or damaged in
material parts
thereof;
(o)
‘Officer of the Bank’ means the officer appointed by
the State Bank of Pakistan to perform the duties under the rules;
(p)
‘Public Debt Office’ means the office of the State Bank
of Pakistan on the books of which a bond is registered or may be registered;
(q)
‘Recipient’ means a person who is entitled to receive
compensation under paragraphs 17 and 18 of the Regulation and includes his
successors in interest;
(r)
‘Regulation’ means the West Pakistan Land Reforms
Regulation (Martial Law Regulation No. 64); and
(s)
‘Treasury’ means any treasury located in the Province of
West Pakistan and includes a sub-treasury.
CHAPIER II - ISSUE OF BONDS
3. Requisition for
the issue of bond.- (1) The Chief Land Commissioner or any officer
authorised by him in this behalf in writing, shall as soon as possible, send a
requisition in Form I, to the Bank at Lahore for issuing to the recipient a
bond or bonds of the denominations to be slated therein for such amounts of
compensation as have been calculated in accordance with his orders.
(2)
A copy of the requisition sent to the Bank shall be forwarded
to the Deputy Land Commissioner of the district who had worked out
compensation.
(3)
On receipt of a copy of the requisition, the Deputy
Land Commissioner shall inform, in writing, each recipient of the amount of
compensation and interest to which he is entitled and obtain from him a written
acknowledgment thereof.
(4)
Specimen signatures of the Chief Land Commissioner and
other officers authorised by him to sign the requisition forms will be supplied
to the Public Debt Office, Lahore, for record. Any change in the incumbents of
these offices shall immediately be notified to the Bank and the specimen
signatures of the incoming officer supplied to the Bank under authentication of
the outgoing officer or a Magistrate of the First Class.
4. Form and
denomination of bonds.- (1) The bonds shall be issued in the form of
promissory notes as in Form II.
(2)
The bonds shall be issued in denominations of
Rs.10,000, Rs.1,000 and Rs.100.
(3)
Fractions below Rs.100 shall be inserted in the bonds
in hand.
5. Issue of bonds.-
(1) The bank, on receipt of the requisition under rule 3 (1), shall issue a
bond or bonds as the case may be, for and on behalf of the Government in favour
of each recipient and for the amounts specified in the requisition received by
it.
(2) The bond or bonds shall be enfaced for payment of
interest and principal at the Lahore or Karachi Office of the Bank or such
Treasury as may be mentioned in the requisition; provided that the Bank shall
re-enface the bonds for payment of interest and principal at Lahore or Karachi
Office of the Bank or at such Treasury as may be subsequently chosen by the
holder, if he makes an application in this behalf, in the manner laid down by
the Bank, to the Officer authorised in this behalf by the Bank.
6. Despatch of bonds
to Chief Land Commissioner.- (1) The Bank shall forward bond or bonds to
the Chief Land Commissioner or any other officer appointed by him in that
behalf and obtain an acknowledgment from him.
(2) On receipt of the bond or bonds the Chief Land
Commissioner shall cause them to be sent to the Deputy Land Commissioner of the
district who had worked out compensation.
7. Delivery of bonds
to receipts.- (1) On receipt of bonds from the Chief Land Commissioner, the
Deputy Land Commissioner shall call each recipient and deliver the bond or
bond;, to him after obtaining from him receipt, which should be attested by the
Deputy Land Commissioner personally, and forward the same to the officer
authorised by the Chief Land Commissioner in this behalf.
(2) The recipient may lake delivery of the
bond or bonds either personally or through his representative or agent duly
authorised by him in writing in that behalf.
8. Bonds subsequently
found to be defective.- 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 before him and
to show cause why the bond should not he cancelled and a fresh bond issued on
the basis of the calculation made by the Chief Land Commissioner.
(2)
The recipient shall be given a reasonable opportunity
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 he 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 lo the Bank.
(4)
The amount paid excess whether on account of interest
or principal shall be adjusted towards subsequent payment of principal or
interest in respect of such bond or bonds. If such adjustment is not possible
then the overpayment shall be recovered as if it were an arrear of Land
Revenue.
CHAPTER III – CERTAIN PROVISIONS RELATING TO BONDS
9. Characteristics of
bonds.- (1) The bonds shall be heritable and transferable but shall not be
negotiable through any bank.
(2) The bonds or the price thereof shall not
be quoted at the stock exchange.
10. Persons whose
title to a bond of a deceased sole holder may be recognized by the Bank.-
For the purpose of determining the title to a bond of a deceased sole holder,
the
Bank shall recognise only the
following persons, namely:-
(a)
the executors or administrators of the deceased
holders;
(b)
the holder of a succession certificate granted under
sub rule (1) of rule 12; and
(c)
the holder of a succession certificate granted under
the Succession Act, 1925, or any other law for the time being force.
11. Right of survivor
of joint holders or several payees.- Notwithstanding anything contained in
section 45 of the Contract Act, 1872 (IX of 1872)–
(a)
When a bond is held by two or more persons jointly and
either or any of them dies, the title to the bond shall, vest in the survivor
or survivors of those persons; and
(b)
When a bond is payable to two or more persons severally
and either or any of them dies, the bond shall he payable to the survivor or
survivors of those persons or to be representative of the deceased or to any of
them;
Provided that nothing contained in
this rule shall affect any claim which any representative 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 (II of 1912) or any other
enactment for the time being in force, whether within or without Pakistan
relating to the in-corporation of associations of individuals, shall be deemed
to die when it is dissolved.
12. Summary procedure
on death of holder of band not exceeding five thousand rupees face value.-
(1) (a) Notwithstanding anything to the contrary contained in any other law,
rule or order for the time being in force, the Deputy Land Commissioner of the
district or any other officer specially authorised in this behalf by the Land
Commission, may, on the death of a holder of a bond, grant a succession
certificate to any person claiming to be entitled to the effects to the
deceased holder;
(b)
For the purposes of clause (a), the provisions of
sections 372, 373 and 374 of the Succession Act, 1925, shall mutatis mutandis apply;
(c)
The succession certificate shall, as far as possible,
show the respective shares to which the legal representatives or heirs of the
deceased holder are entitled;
(d)
The succession certificate shall specify if any such
legal representative or heir is a minor;
(e)
The provisions of Article 12 of Schedule I of the Court
Fees Act, 1870, shall not apply to the grant of a certificate under this
sub-rule;
(f)
The certificate granted under this sub-rule shall have
effect as a succession certificate granted under the Succession Act, 1925, or
any other law for the time being in force.
[1][(2)
Where an application made for the grant of a succession certificate under
sub-rule (1) is contested by any person claiming to be entitled to the effects
of the deceased holder, no certificate under sub-rule (1) shall be granted, but
the applicant shall be directed to institute, within 30 days of such direction,
an application for the succession certificate under the Succession Act,
1925, or any other law for the time
being in force in a competent Civil Court, failing which the Deputy Land
Commissioner shall continue with the proceedings and decide the issue of
succession certificate on merits.]
[2][13. Bond belonging to a minor or insane
person.- (1) When a bond or bonds belong stand in name of a minor or a
person who is insane and incapable of managing his affairs and face value of
the bond or bonds does not in the aggregate exceed five thousand rupees, the
principal amount and interest thereon shall be paid to the father or if he be
dead, to the mother of such person on the officer making the payment being
satisfied as to the identity of the father or mother, as the case may be.
(2)
When an applicant for payment is neither the father nor
the mother of the minor or insane person and when the face value of the bond or
bonds standing in the name of the minor or the insane person does not in the
aggregate exceed five thousand rupees, payment may be made on production of a
certificate by the District Magistrate, to the effect that the applicant is the
actual guardian of such person or in the absence of any such certificate the
Bank may make such order as it thinks fit for the vesting of such bond or bonds
such person as it considers represents the minor or insane person.
(3)
If the face value of the bond or bonds standing in the
name of a minor or insane person in the aggregate exceeds five thousand rupees,
payment shall not be made unless and until the applicant for payment of
principal / interest or both shall have produced evidence to the satisfaction
of the officer making payment that he is the legal guardian of such person.]
14. Transfer
of bonds. The bonds shall be transferable only in the manner hereunder:-
(1)
The bonds shall be transferable by endorsement and
delivery like a promissory note payable to order.
(2)
No endorsement on a bond shall be valid unless made by the
signature of the holder or his duly constituted attorney or representative
inscribed on the back of the bond itself.
(3)
No writing on a bond is valid for the purpose of
negotiation if such writing purports to transfer only a part of the amount
denominated by the bond.
(4)
The treasury or sub-treasury or any office of the Bunk
or the Public Debt Office may decline to accept the bond endorsed in blank for
any purpose unless the endorsement in blank is converted into that in full
before presentation.
(5)
The transferor of the bond shall, within a week of the
dale of the transfer, intimate by registered post / acknowledgment due to the
Chief Land Commissioner or any officer authorised by him in this behalf of the
transfer made by him along with the information in respect of the name,
parentage and address of the transferee and the amount for which it has been
transferred.
15. When a bond it
required to be renewed.- (1) A holder of a bond may be required by the
Public Debt Office to receipt the same for renewal in any of the following
cases, namely:-
(i)
if only 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;
(ii)
if the bond is torn or in any way damaged or crowded
with writing or unfit, in the opinion of the Public Debt Office;
(iii)
if any endorsement is not clear and distinct or does
not indicate the payee or payees, as the case may be, by name, or is made,
otherwise than in one of the endorsement cages on the back of the bond;
(iv)
if the interest on the bond has remained undrawn for
ten years or more;
(v)
if 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
dale when the bond is presented for drawal of interest;
(vi)
if the bond having been enfaced three times for payment
of interest is presented for re-enfacement; and
(vii)
if, in the opinion of the Public Debt Office, 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 has been made
under sub-rule (1) payment of any further interest thereon may be refused,
until it is receipted for renewal and is actually renewed.
16.
Receipt for
renewal, etc.- Subject to any general or special instructions of the Bank,
the Public Debt Office may, by its order, on the application of the holder:-
Renew, sub-divide
or consolidate a bond or bonds, provided that the bond or bonds has or have
been receipted in forms V, VI and VII.
17.
Issue of
duplicate and new bonds on consolidation, sub-division or renewal.- (1) If
a person entitled to a bond applies to the Bank alleging that the bond has been
lost, stolen or destroyed or has been defaced or mutilated, the Bank may, on
proof to its satisfaction of the loss, theft, destruction, defacement or
mutation of the bond subject to such conditions and on payment of such fees as
prescribed hereafter, order the issue of duplicate bond payable to the
applicant.
(2)
If the person entitled to a bond, applies to the Bank
to have it consolidated with other bonds or to have it sub-divided or to have
it renewed, the Bank may, subject to such conditions and on payment of such
fees as prescribed hereafter, cancel the bond and order the issue of a new bond
or bonds.
(3)
The person to whom a duplicate bond or a new bond is
issued under this rule shall be deemed, for the purposes of rule 34, to have
been recognized by the Bank as the holder of the bond and a duplicate bond or
new bonds so issued to any person shall be deemed to constitute a new contract
between the government and such person and all persons deriving tide thereafter
through him.
18. Procedure when a
bond is lost, etc.- (1) When a bond is lost, stolen, destroyed, mutilated,
or defaced, the person entitled thereto shall apply for the issue of duplicate
bond in the manner laid down below to the Public Debt Office, Lahore, with a
statement showing particulars such as number, amount and name of the bonds.
(2)
The Bank may by its order suspend payment of interest
on or the maturity value of the bond or postpone the making of any order under
rule 17 above until the vesting order has been made.
(3)
The application for the issue of a duplicate bond in
place of a bond which is alleged to have been lost, stolen, destroyed,
mutilated or defaced, either wholly or in part, shall be accompanied by-
(a)
a statement of the following particulars, namely:(i) the last year for which interest has
been paid;
(ii)
the person to whom such interest was paid;
(iii)
the person in whose name the bond was issued (if
known);
(iv)
the place for payment of interest at which the bond was
for the time being enlaced;
(v)
the circumstances attending the loss, theft,
destruction mutilation or defacement; and
(vi)
whether the loss or theft was reported to the police.
(b)
the Post Office registration receipt for the letter
containing the bond, if the same 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)
where the fast payment of interest was not made by a
warrant issued by the Public Debt Office, a letter signed by the officer of the
treasury where interest was fast paid, certifying the last payment of interest
on the bond and stating the name of the party to whom such payment was made;
(e)
if the applicant is not holder in whose name the bond
was originally issued, an affidavit sworn before a Magistrate testifying that
the applicant was the last legal holder of the bond and all documentary
evidence necessary to trace back the title to the original holder; and
(f)
any portion or fragments which may remain of the lost,
stolen, destroyed, mutilated or defaced bond.
(4)
A duplicate of the letter to the Public Debt Office,
but not of its enclosures, shall also be sent to the treasury where interest is
payable.
(5)
The lost, theft, destruction, mutilation or defacement
of a bond or portion of a bond shall be further notified by the applicant in
three successive issues of the Gazette of Government of West Pakistan, Such
notification shall be in the form following, or as nearly in such form as
circumstance permit:-
"Lost",
("stolen", "destroyed", "mutilated", or
"defaced" as the case may be).
"The bond No- ________ of the 4 per
cent Government of West Pakistan Compensation Bonds for Rs. ________ originally
__________ standing in the name of________ and last endorsed to __________
proprietor, by whom it was never endorsed to any other person having been lost
(stolen, destroyed, mutilated or defaced) notice is hereby given that payment
of the above bond and the interest thereupon has been stopped at the Public
Debt Office and that application is about to be made for the issue of a
duplicate in favour of the proprietor. The public are cautioned against
purchasing or otherwise dealing with the above mentioned bond.
Name of the person notifying.
Residence".
(6) After the publication of the last notification
prescribed in sub-rule (5) of this rule, the Bank shall, if it is satisfied of
the loss, theft, destruction, mutilation or defacement of the bond and of the
justice of the claim of the applicant, cause the particulars of the bond to be
included in the list such as is referred to in rule 24 hereunder and shall
order the Public Debt Office—
(a)
if only a portion of the bond has been lost. stolen,
destroyed, mutilated or defaced, and if a portion of the bond sufficient for
its identification has been produced, to pay interest and to issue to the
applicant on the execution of an indemnity bond such as is hereinafter
mentioned, a duplicate bond in place of that of which a portion has been lost,
stolen, destroyed mutilated or defaced, and on the expiry of such period as the
Bank may consider necessary from or immediately after the date of the
publication of the said list.
(b)
if no portion of the bond so lost, stolen, destroyed,
mutilated, or defaced, sufficient for its identification has been produced—
(I)
to pay to the applicant, two years after the
publication of the said list, and on the execution of an indemnity bond, in the
manner hereinafter prescribed, the interest in respect of the bond so lost,
stolen, destroyed, mutilated or defaced till the expiry of the period of six
years as hereunder; and
(II)
to issue to the applicant a duplicate bond in place of
the bond w lost, stolen, destroyed, mutilated or defaced six years after the
date of publication of the said list;
provided that—
(i)
if the date on which the bond is due for repayment
falls earlier than the dale on which the said period of six years expires, the
Bank shall, within six weeks of the former date, invest the principal amount
due on the bond in the Post Office Savings Bank unless before the expiry of
such period, the applicant has made a specific request for the investment of
the amount in securities of any of the current rupee loans of the Government,
maturing not earlier than the date on which the duplicate is due for issue, and
in that case, shall invest the amount in such securities, and deposit the
balance if any, left after such investment in the Post Office Savings Bank. It
shall repay the amount invested in the Post Office Savings Bank, together with
any interest which may have accrued thereon and, if any investment has been
made in
Government
securities, shall deliver such securities, together with the interest accrued
thereon to the applicant at the time when a duplicate bond would otherwise have
been issued; and
(ii)
if at any lime before the issue of a duplicate bond the
original bond is discovered or it appears to the Public Debt Office for other
reasons that the order should be rescinded, the matter shall be referred to the
Bank for further consideration and in the meantime all action on the order
shall be suspended. An order passed under this sub-rule shall on expiry of the
six years referred to therein, become final unless it is in the meantime
rescinded or otherwise modified.
(c)
If the bond has been lost by enemy action, to pay
interest and to issue to the applicant, on the execution of any indemnity bond
as is hereinafter mentioned, a duplicate bond immediately after the date of the
publication of the said list.
(7)
Alternation of
order, etc.- The Bank may, at any time prior to the issue of a duplicate
bond, if it finds sufficient reason, alter or cancel any order made by the Bank
under this rule and may also direct that the interval before the issue of a
duplicate bond shall be extended by such period not exceeding six years as it
may think fit.
(8)
(1) Indemnity
bonds.- (a) When executed under sub-rule (6)(b)(l) and not under rule 21
(8) shall be for twice the amount of the interest involved, that is to say,
twice the amount of all back interest accrued due on the bond plus twice the
amount of all interest to accrue due thereon during the period which will have
to elapse before the issue of a duplicate bond can be made, and
(b) in all other
cases shall be for twice the face value of the bond, plus twice the amount of
the interest calculated in accordance with clause (a).
(2) The Bank may direct that such indemnity bond shall be
executed by the applicant alone or by the applicant and one or two sureties, as
it may think fit, or that in lieu of furnishing personal sureties, the
applicant shall furnish collateral security in the shape of Government
securities to be deposited with it for such amount and period as it may think
fit.
CHAPTER IV - GENERAL
19.
Determination
of title by vesting order.- Notwithstanding anything contained in rule 18,
the title to a lost, stolen, destroyed, mutilated or defaced bond may be
determined by the Bank by its order vesting title to the bond or to the payment
of interest only or to both.
20.
Determination
of a mutilated bond as a bond requiring renewal.- It shall be at the option
of the Bank to treat a bond which has been mutilated or defaced as a bond
requiring issue of a duplicate under rule 18.
21.
Procedure
for making vesting order.- (1) In cases where rules 12, 13 and 31 of the
rules apply the Bank may determine the persons in the manner hereunder as being
entitled in its opinion-
(a)
to the bond, or
(b)
only to payment of all accrued interest and accruing
interest, or
(c)
to the bond, and payment of all accrued and accruing
interest, and may by its order vest title in such person accordingly.
(2)
The person claiming to be entitled to a bond or to
payment of accrued and accruing interest thereon shall apply to the Bank and
adduce documentary evidence in support of his claim.
(3)
On receipt of the application by the Bank, the Bank if
it contemplates making a vesting order under the rules—
(a)
may suspend payment of interest on or the maturity
value of the bond, or postpone the making of any order under rule 17 until the
vesting order has been made;
(b)
may, if it considers proper, request a District
Magistrate to record or to have recorded the whole or any part of such evidence
as any parson whose evidence the Bank requires may produce or direct one of its
officers to record such evidence or may receive evidence upon affidavit.
Nothing herein shall preclude the Bank from determining title without enquiry
in the manner laid down in this sub-rule except in cases coming under rule 33
of the rules.
(4)
The Bank shall thereafter give notice in writing to
each claimant of whom it has knowledge, stating the names of all other
claimants and the lime when and the officer of the Bank by whom the
determination of title will be made.
(5)
On the date and at the time fixed in the notice, the
officer shall—
(a)
examine the evidence adduced by the panics;
(b)
hear the parties affected and record such evidence as
they adduce. No further evidence shall be recorded or entertained in cases
where—
(i)
the District Magistrate has been requested to record or
to have the evidence recorded, or
(ii)
the Bank has directed one of its officers to record the
evidence; and
(c)
determine the issues as to who is entitled to the bond
or to payment of interest or to both.
(6)
After determination of the issue by the officer, the
Bank shall give notice in writing to each claimant of the determination so
made.
(7)
The notices prescribed in sub-rules (4) and (6) above
shall be published in three successive issues of the Gazette of West Pakistan
as soon as possible after the dates on which they are respectively issued.
(8)
The Bank may require the person considered by the Bank
as being entitled to the bond or to payment of interest or to both to execute a
bond in Form VIII, with one or more sureties or to furnish security not
exceeding twice the value of the subject matter of the order, to be held at the
disposal of the Bank, to pay to the Bank or to any person to whom the Bank may
assign the bond or security in furtherance of sub-rule (9), the amount thereof.
(9)
A court before which a claim in respect of the subject
matter of any such order is established may order the bond or bonds to be
assigned to the successful claimant who shall thereupon be entitled to enforce
the bond or realize the bond to the effect of such claim.
(10)
On the expiry of six months from the issue of the
notices referred to in sub-rule (7), the Bank may make an order vesting in the
person found by the Bank to be entitled thereto-
(a)
the bond, or
(b)
the payment of accrued and accruing interest un the
bond, or
(c)
both the bond and the payment of accrued and accruing
interest on the bond.
(11)
When title to the accrued and accruing interest is
vested in a person under sub-rule 10(b) such person shall be deemed as having
been granted powers to realise accrued interest and to draw interest that may
from time to time become due on the bond pending a further order vesting full
title.
(12)
In the case of a bond maturing for payment of
principal, the Bank may vest title limited to drawal of interest and
simultaneously full title to take effect on the maturity of the bond.
(13)
The person in whom title to the accrued and accming
interest has been vested by the Bank may apply to the Bank for issue of an
order vesting full title in him when the bond becomes due for payment of the
discharged value and the Bank may vest full title in him in the manner laid
down in the sub-rule of this rule.
(14)
Notwithstanding anything contained in the sub-rules of
this rule, the Bank may vest-
(a)
title limited to drawal of interest in the guardian of
a minor or a manager of the properly of an insane person; and
(b)
full rule in the minor or the insane person to take
effect on the minor attaining the age of majority or on the insane person
becoming sane.
(15)
When full title to a bond is vested under sub-rule
10(a), 10(c), 12 or 13 of the rules in a person, such person shall be regarded
as having been granted full and unqualified powers so far as Government and the
Bank are concerned, in relation to that bond.
22.
Postponement
of payments pending the making of a vesting order.- Where the Bank
contemplates making an order under these rules to vest a bond in any person,
the Bank may suspend payment of interest on or the maturity value of the bond
or postpone the making of any order under rule 17 until the vesting order has
been made.
23.
Cancellation
by the Bank of vesting proceedings.- Where the Bank contemplates making an
order under these rules vesting a bond in any person the Bank may, at any time
before the order is made, cancel any proceeding already taken for that purpose
and may, on such cancellation, proceed a new to the making of such order.
24.
Publication
of half yearly list.- (1) The list referred to in rule 18 shall be
published half-yearly in the Gazette of West Pakistan in the months of January
and July or as soon afterwards as may be convenient.
(2)
All bonds and in respect of which an order has been
passed under rule 18, as the case may be, shall be included in the first list
published next after the passing of such order and thereafter such bonds shall
continue to be included in every succeeding list until the expiration of six
years from the date of first publication.
(3)
The list shall contain, as far as possible, the
following particulars regarding each bond, namely the name of the bond, the
number of the bond, its value, the name of the person to whom it was issued,
the date from which it bears interest, the number and date of the order passed
by the Bank for payment of interest or issue of a duplicate, and the date of
publication of the list in which the bond was first included.
CHAPTER V - PAYMENT OF INTEREST
25. Payment
of interest.- (1) All bonds shall bear taxable simple interest at the rate
of 4 per cent per annum payable annually. The income-tax will be deducted at
source as in the case of other Government securities.
(2)
Interest shall commence in respect of each bond from
the date which is communicated to the Bank by the Chief Land Commissioner in
the requisition sent under rule 3(1) of the rule.
(3)
Interest shall become payable on the first day of July
every year.
(4)
Interest on a bond may be made payable at any treasury
or sub-treasury in West Pakistan subject to compliance by the holder with such
formalities as the Public Debt Office may require and interest shall
accordingly be paid at such treasury or sub-treasury on presentation of the
bond itself. The payee shall give a receipt in Form III. Where, however,
interest on a bond is payable at a place where a Public Debt Office is located,
the bond shall be presented at the Public Debt Office, which shall issue an
interest warrant in favour of the holder payable at the local office of the
Bank, Notwithstanding anything contained herein, the Public Debt Office may pay
interest on a bond, the interest on which is payable at a treasury or
sub-treasury, by an interest warrant payable at such treasury or sub-treasury.
26.
Discharge in
respected of interest on bonds.- Save as otherwise expressly provided in
the terms of a bond, no person shall be entitled to claim interest on such bond
in respect of any period which has elapsed after the earliest date on which
demand could have been made for the payment of the amount time on such bond.
27.
Period of
limitation of Governments liability in respect of interest.- Where no
shorter period of limitation is fixed by any law for the time being in force,
the liability of the Government in respect of any interest payment due on a
bond shall terminate on the expiry of six years from the date on which the
amount due by way of interest became payable. CHAPTER VI - PAYMENT OF PRINCIPAL
28.
Payment of
principal.- (1) The aggregate amount of principal due on a bond shall be
payable within a period of 25 years commencing from the date of issue of the
bond, provided the Governor of West Pakistan, may direct liquidation, partially
or completely, of certain bonds or certain categories of bonds or bonds of
certain areas or persons on such earlier date or dates as he may decide.
(2)
On receipt of instructions from the Chief Land
Commissioner, the Bank shall call upon the holder by notification in the
official Gazette or in any such manner as is considered necessary, to receive
the whole amount or a portion thereof, as the case may be, on the prescribed
date from the Bank or treasury at which the bond stands enfaced.
(3)
If the payment is not received by the prescribed date,
no interest on the amount involved for any subsequent period shall accrue and
be payable to the holder from the prescribed date.
(4)
In cases in which it has not been possible to finally
determine the amount of compensation because of appeals or revisions against
the orders of Deputy Land Commissioners and Land Commissioners or for other
reasons, the necessary bonds shall issue as and when the amount of compensation
is finally determined.
29. Receipt required
on discharge of a bond.- (1) When a bond is to be fully discharged, a
receipt shall be taken on the bond itself.
(2)
In case of complete discharge, the bond shall be
surrendered to the Bank.
(3)
The Bank shall in case of partial or complete discharge
of a bond, duly intimate the position to the Chief Land Commissioner in the
manner required by him. CHAPTER VII - MISCELLANEOUS
30.
Publication
of notices in official Gazette.- Any notice required to be given by the
Bank under these rules may be served by post, but every such notice shall also
be published by the Bank in the official Gazette, and on such publication it
shall be deemed to have been delivered to all persons for whom it is intended.
31.
Summary
determination by Bank of title to bond in case of dispute,- If the Bank is
of the opinion that a doubt exists as to the title to a bond, it may proceed to
determine the person who shall for the purposes of the Bank be deemed to be the
person entitled thereto,
32.
Recording of
evidence.- (1) For the purposes of making any order which it is empowered
to make under these rules, the Bank may request a District Magistrate to record
or to have, recorded the whole at any part of such evidence as any person whose
evidence the Bank requires, may produce. A District Magistrate so requested may
himself record or may direct any Magistrate of the first class subordinate to
him and empowered in this behalf by general or special order of the Provincial
Government to record the evidence, and shall forward a copy thereof to the
Bank.
(2)
For the purpose of making a vesting order under these
rules the Bank may direct one of its officers to record the evidence of any
person whose evidence the Bank requires or may receive evidence upon affidavit.
(3)
A Magistrate or an officer of the Bank acting in
pursuance of this rule may administer an oath to any witness examined by him.
33. When executant of
a document or maker of an endorsement is unable to write.- (1) If any
person by whom any document relating to a bond is to be executed or by whom an
endorsement is to be made on a bond, satisfies a Magistrate that he is for any
reason unable to write, and that the effect of the document or endorsement, is
fully under stood by him, and that he is the person whom he represents himself
to be, such Magistrate, may, at the request of that person and subject to the
provisions of this rule, execute the document or sign the endorsement on his
behalf.
(2)
Where any such document is to be executed or an
endorsement signed by a Magistrate under this rule on behalf of any person, the
Magistrate shall execute the document or sign the endorsement in the presence
of that person, and shall enter below his own signature a certificate in the
effect that the document was executed, or the endorsement signed, as the case
may be, at the request of that person, after having been previously read over
to the latter, and that he is satisfied that the effect of the document or the
endorsement fully understood by such person.
(3)
Nothing in the above sub-rule shall preclude the Bank
from acting upon the execution of a document relating to a bond or on an
endorsement thereon in a manner otherwise than referred to above, provided the
Bank is satisfied as to the genuineness and validity of the execution of the
document or endorsement on the bond.
34.
Legal effect
of orders made by the Bank.- No reorganization by the Bank of a person as
the holder of a bond and no order made by the Bank under these rules shall be
called in question by any Court so far as such recognition or order affects the
relations of the Government or the Bank with the person recognised by the Bank
as the holder of a bond or with any person claiming an interest in such bond
and any such recognition by the Bank of any person or an order by the Bank
vesting a bond in any person shall operate to confer on that person a title to
the bond subject only to a personal liability to the rightful owner of the bond
for money had and received on his account.
35.
Stay of
proceedings on order of Court.- Where the Bank contemplates making with
reference to any bond any order which it is empowered to make under these
rules, and before the order is made the Bank recedes from a Court in Pakistan
an order to stay the making of such order the Bank shall either—
(a)
hold the bond together with any interest unpaid or
accruing thereon until the further orders of the court are received, or
(b)
apply to the Court to have the bond transferred to the
official Trustees appointed for the Province in which such court is situated,
pending the disposal of the proceedings before the Court.
36.
Fees.-
The following fees shall be paid in respect of applications under rule 17 of
these rules; namely:-
(1)
For each renewed, consolidated, sub-divided or
duplicate bond, twenty-five paisa per Rs.100/00 if the new bond does not exceed
in amount of Rs.300/00 and one rupee if the new bond exceeds that sum.
(2)
Every applicant shall pay a fee of one rupee for each
bond in respect of which any information is supplied and shall execute a bond
of indemnity as nearly as may be in Form IV for twice the value of the bond or
bonds involved and the interest paid thereon since the date of issue.
(3)
A fee of one rupee shall be paid for each certified
copy granted.
37. Information and
Inspection.- (1) No person shall be entitled to inspect, or receive
information of any bond in the possession or custody of the Bank or Public Debt
Office or from any book, register or other documents kept or maintained by or
on behalf of the Government in relation to bonds or any bond save in such
circumstances and manner and subject to such conditions as may be prescribed by
the Bank.
(2)
Any person requiring information regarding a bond in
the custody of the Public Debt Office may apply to that office in writing
stating the form in which the information is required.
(3)
Every such application shall stale with precision the
particulars (namely, the number and the face value) of the bond and shall
contain a statement of the purpose for which the information is required and of
the interest of the applicant in the bond.
(4)
If the applicant asks for any information in respect of
a bond which has been renewed, consolidated, or sub-divided otherwise than in
the name of the person who has renewed, consolidated or sub-divided the bond or
asks for inspection of such bond, or any register or book kept or maintained in
the Public Debt Office in respect thereof or of any entry of such bond in such
register or book, the application shall be refused. The register or the book
shall mean the register or the book in which the bond is entered, registered or
referred to.
(5)
If the applicant asks for inspection or information in
respect of a bond which has been cancelled on payment of the amount due in
respect thereof, it shall be referred to as disposed of under the orders of the
Bank.
(6)
In any other case, the Public Debt Office, may, subject
to the provisions hereinafter contained, grant a certified copy of any entry in
any register or book maintained or kept by that office relating to any bond, on
being satisfied that the bond in question has stood in the name of the
applicant or of a person in whom the applicant has a representative interest in
the bond in respect of which the application is made.
(7)
The Public Debt Office may, under a special order of
the bank, supply any information regarding a bond referred to in sub-rules (2)
and (4) which is directed to be supplied by such an order.
(8)
If any applicant asks for—
(a)
any information from the record of the Public Debt
Office or the Bank in connection with a bond;
(b)
a copy of any document from the record; and
(c)
inspection of any record generally or any document
specifically, the application shall be referred to and disposed of subject to
she provisions of sub-rule (1) under the orders of the Bank.
(9)
Every applicant shall before any information is
supplied or permission for inspection granted to him execute a bond of
indemnity as nearly as may be in Form IV for the amount as hereinafter
mentioned:-
(a)
the bond of indemnity for grant of information or
inspection under any of the sub-rules (4) to (7) shall be for twice the value
of the bond or unpaid portion of compensation due on the bond or bonds
involved;
(b)
the bond of indemnity for gram of information or
permission for inspection under sub-rule (8) shall be for such amount as may be
determined by the Bank;
(c)
every applicant shall, before any information is
supplied to him under this rule, pay a fee of five rupee for each bond in
respect of which any information is supplied and a fee of one rupee shall be
paid for each certified copy granted; and
(d)
the Bank may wave the execution of the bond of
indemnity or may forego the fees either wholly or partly payable to the Bank
under sub-rule (c) above or may do both.
38.
The Bank and
its officers to be deemed Public Officers.- For the purposes of section 124
of the Evidence Act, 1872 (I of 1872), the provisions of Part IV of the Code of
Civil Procedure, 1908 (V of 1908) 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 of the said Code; the Bank and any officer of the Bank
acting in his capacity as such shall be deemed to be a public officer.
39.
Penalty.-
(1) If any person for the purpose of obtaining for himself or for any other
person any title to a bond makes to any authority under these rules in any
application made under these rules or in the course of any inquiry undertaken
in pursuance of these rules any statement which is false and which he either
knows to be false or does not believe to be true, he shall be punishable with
imprisonment of 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.
40. Power of the Chief Land Commissioner to
issue instructions,- The Chief Land
Commissioner
may, at any time, pass such orders, not inconsistent with the provisions of the
Regulation or these rules and issue such instructions, as he may deem
necessary, for the implementation of these rules.
_________________________
FORM I
[ Under rule
3(1)]
REQUISITION FOR THE
ISSUE OF BONDS UNDER RULE 3(1) OF THE WEST PAKISTAN LAND REFORMS (PAYMENT OF
COMPENSATION) RULES, 1961
No. ____________________________________ Dated _________________________
To
The Manager,
State Bank of Pakistan, Lahore.
Dear Sir,
Please issue the bond(s) as detailed in the
Schedule below:-
THE SCHEDULE
|
S. No.
|
The name, father’s name and
full address of the person in whom name the bond(s) are to be issued
|
Total amount (both in
figures and in words) for which the bonds are to be issued. (Please state
here the amount of the
assessment in multiples
of
100 only)
|
The denomination or
denominations in which the bond or bonds are to be issued
|
The Branch Office of the
State Bank of Pakistan or
Treasury at which payment of the interest is to be made
|
Remarks
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
GOVERNMENT OF WEST PAKISTAN
Compensation Bond
At 4 per cent
Rupees __________________
Public
Debt Office State Bank of Pakistan, Lahore.
No.
LR__________________
COMPENSATION
BOND CARRYING INTEREST AT FOUR PER CENT PER ANNUM ISSUED UNDER PARAGRAPH 17 OF
THE MARTIAL LAW REGULATION NO. 64 OF 1959
THE
GOVERNOR OF WEST PAKISTAN HEREBY PROMISES TO PAY TO
____________________
____________________
____________________
Rupees _____________
WEST
PAKISTAN
at State Bank
of Pakistan, Lahore or Karachi, or at any Treasury or Sub-Treasury in West
Pakistan on the first day of July 1985, or such earlier date as may be notified
by the Government of West Pakistan in the Gazette of West Pakistan, and
interest on the aforesaid sum from the ________________ at the rate of four per
cent per annum to be paid on the first day of July every year at the State Bank
of Pakistan or the Treasury or Sub-Treasury above mentioned.
Date the No. LR
Manager
For
and behalf of the Governor of West Pakistan.
Governor, State Bank of Pakistan.
FORM III
( Under Rule
25)
THE WEST PAKISTAN LAND REFORMS PAYMENT OF
COMPENSATION RULES, 1961
Received form the office of the State Bank of
Pakistan / Treasury at ______________ interest under the Bond as follows:-
|
No. and date of the bond
|
Amount for which the Bond
was issued
|
Amount of yearly interest
|
The year(s) for which
interest was due
|
Total amount due
|
Name of the holder of the
Bond
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
Total _________________________________
Deduct income tax at _____________________
Net amount payable ______________________
Total
received (in words) ________________ Signature ______________
State whether holder or holder’s attorney or administrator
____________________________ (Address and dated)
( Under Rule
36)
INDEMNITY BOND
Whereas I /
we ____________________________________________________________ son of
________________________________________________________________________ and
__________________________________ son of __________________________________
resident of
_____________________________________________________________________ claim to
be entitled (_____________________________________________________________)
(hereby state in what capacity claim to the bonds is made) to the Bond(s)
specified in the schedule hereunder written and have represented to the State
Bank of Pakistan, Public Debt Office that the said Bond(s) has / have been
__________________ and have applied to the Sate Bank of Pakistan, Public Debt
Office _______________________________ for an inspection of the said Bond(s)
and also for all other information and particulars respecting the said Bond(s)
and whereas the State Bank of Pakistan, Public Debt Office, ___________________
has agreed to give inspection and to afford to me / us information and
particulars effecting the said Bond(s) I / we oblige myself / ourselves my /
our / heirs and assigns whatsoever (to be omitted if bond taken from on person
only jointly and severally) to guarantee and defend and relieve the State Bank
of Pakistan, Public Debt Office and the Governor of West Pakistan to extent of
Rs. _____________ from all and any claim, question and expenses which may be
raised, against or incurred by the State Bank of Pakistan, Public Debt Office,
________________________ or the Governor of West Pakistan in reference to the
said Bond(s).
In witness hereof I / we have subscribed my /
our name (s) this day of ________________
Singed by the within mentioned in the
presence of _____________________
Applicant’s
signature
The Schedule referred
to in the foregoing Bond.
( See Rule
16)
( FORM OF ENDORSEMENT FOR RENEWAL OF A BOND )
Received in here of a renewed Bond payable (name of holder),
with interest payable
at
_____________________________
Signature of the
holder / duly authorized representative of
( Name of holder)
______________________________
( See Rule
16)
( FORM ENDORSEMENT FOR SUB-DIVISION OF A BOND
)
Received in
lieu hereof ________________________________________ bonds for
Rs._______________________ respectively, payable to (name of holder) with
instalment payable at Treasury.
Signature of the
holder / duly authorized
representative of (name of holder) _________________
( See Rule
16)
( FORM OF ENDORSEMENT FOR CONSOLIDATION OF
BONDS )
Received in lieu hereof a new Bond payable to (name of
holder) for Rs. __________
by
consolidation with Bond or Bonds Nos. ________________________ (mentioning the
numbers and amounts of the other Bonds desired to be consolidated with it and
specifying the loan) with installments payable at _____________________________
Signature of the
holder / duly authorized representative of (name of holder) ___________________________
FORM VIII
( See Rule
21)
SECURITY BOND
This
Agreement is made on the _____________________ day of ____________________
between _________________________________ son of
_______________________________ resident of
_____________________________________________________________ of the one part
and the State Bank of Pakistan of the other part.
Whereas I /
we / am / are the true and lawful owner(s) of the Bond in the Schedule “A”
hereto / represent annexed.
AND whereas
I / we have applied to the State Bank of Pakistan, Public Debt Office,
_______________ for _____________________ of the said Bonds and the said Bank
have consented to do upon my / our giving security of Rs.___________________ to
meet a claim by a rightful owner to the said bonds in case there shall be such
a claim.
Now these
presents that in pursuance of the aforesaid agreement I / we hereby oblige
myself / ourselves to make good the claim of the rightful owner in respect of
the said bonds and I / we hereby further agree that this bond may be held by
the said Bank and the said Bank may assign the Bond to the rightful owner of
the said Bonds.
In witness
whereof I / we have subscribed my / our name / names this day of ___________
Signed by the within mentioned
in the presence of _____________________ principal.
I / We between son of resident of
hereby undertake to make good any claim to the rightful owner of the bonds
mentioned in the schedule hereto in the case principal / principals makes /
make default in payment of the claim by virtue of the above agreement.
Singed by the within mentioned
In the presence of
______________ surety.
SCHEDULE
‘A’ REFERRED TO IN THE BOND
|
Nature of description of the Bond
|
Number
|
Date of issue
|
Amount
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
|
|
|
|
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